It is the duty of the State in indicting the accused to apprise him or her of the crime allegedly committed, its elements, the manner of its commission, and the jurisdiction of the court to hear, try, and decide the case.
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The requirement of sufficiency of information goes back to the constitutional right of the accused “to be informed of the nature and cause of accusation against him” (Section 14, Article III, 1987 Constitution). In criminal cases, “ complaint or information is sufficient if it states the name of the accused the designation of the offense given by the statute the acts or omissions complained of as constituting the offense the name of the offended party the approximate date of the commission of the offense and the place where the offense was committed” (Section 6, Rule 110, Rules of Criminal Procedure). The purpose of this provision is to make the parties’ litigants aware of the facts in controversy and the issues sought to be resolved by the courts.
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Pleadings in civil cases must contain “in a methodical and logical form, a plain, concise and direct statement of the ultimate facts, including the evidence on which the party pleading relies for his claim or defense” (Section 1, RRules of Civil Procedure). A bill of particulars becomes part of the pleading for which it is intended.“If there is a defect in the criminal information or if the facts charged do not constitute an offense, the court shall order an amendment of the information instead of quashing it” After service of the bill of particulars or of a more definite pleading, or after notice of denial of his or her motion, the moving party may file his or her responsive pleading within the period to which he or she was entitled at the time of filing his or her motion, which shall not be less than five (5) calendar days in any event. Stay of period to file responsive pleading. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed, or make such other order as it deems just. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party. If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) calendar days from notice of the order, unless a different period is fixed by the court.
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Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court, which may either deny or grant it outright, or allow the parties the opportunity to be heard. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. If the pleading is a reply, the motion must be filed within ten (10) calendar days from service thereof. Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter, which is not averred with sufficient definiteness or particularity, to enable him or her properly to prepare his or her responsive pleading.