Motion of Bill of Particulars CRIMPRO 2014

Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City, Branch 32 Alabaster Graves, Plaintiff-Appellant,

Criminal Case No. 01-975413

- versus Richter Belmont, Defendant-Appellee, x-----------------x MOTION FOR BILL OF PARTICULARS Defendant, through the undersigned counsel and unto this Honorable Court, respectfully avers: 1. That the plaintiff's complaint in paragraph 5 alleges: "From August 3 to December 2013, defendant never paid anything to herein plaintiff. The check that he issued as partial payment for the first month also bounced. x x x"; (underscoring supplied) 2. The said allegation is not averred with sufficient definiteness and particularity, specifically it does not mention the amount of the check therein mentioned, its check number, date, and the drawee bank; 3. That a more definite statement on the matters as above-indicated is necessary in order to enable the defendant to prepare its responsive pleading because from the very onset of this controversy, the main

dispute was on what was actually and exactly agreed upon by the parties as the amount of monthly rentals on the lease of plaintiff's property; 4. However, due to the fact that defendant corporation had to transfer its liaison offices depending on its project sites, the check stub where the above-mentioned check came from was probably misplaced and could no longer be found; 5. That a bill of particulars or a more definite statement as to particulars of the said check which was allegedly issued by the defendants as partial payment for the first month would definitely simplify the issues in this case, and hopefully simplify the negotiations between the parties for an amicable settlement. PRAYER WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable Court requiring the plaintiff to make more definite statement as to the particulars of the check mentioned in paragraph 5 of his complaint, particularly stating its amount, check number, date, and the name of the drawee bank. Quezon City, Philippines, January 23, 2014 ATTY. ROMMELITO FRANCISCO MACARAYO counsel for the defendant 13-69 Barracks Building, Marikina IBP NO. 87123-7/19/12-AC PTR NO. 669913/21/12-AC Roll No. 99998 MCLE Exempt (Admitted to the bar: April 6, 2012)

NOTICE OF HEARING Atty. Ezekiel Razon Counsel for the Plaintiff 12-26 Marina Arcade, Mabalacat City Greetings! Please take notice that the foregoing Motion for Bill of Particulars shall be submitted for the consideration and approval of the Honorable Court on Friday, January 24, at 10:00 AM or as soon as counsel and matter may be heard. Atty. Rommelito Francisco Macarayo

EXPLANATION The foregoing Motion for a Bill of Particulars is being filed with this Honorable Court and served on the opposing counsel by registered mail in view of the impracticability of personal filing and service due to distance considering that the office of this Honorable Court is at Quezon City and that of the opposing counsel is at Mabalacat City, while undersigned counsel holds office in Marikina. Atty. Rommelito Francisco Macarayo

COPY FURNISHED: Atty. Ezekiel Razon Counsel for the Plaintiff 12-26 Marina Arcade, Mabalacat City