Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 8, Baguio City

ANDREA FELEYO-ANDRADES,
Plaintiff,
Criminal Case No.: 10-2009
- versus –
FOR ESTAFA
KAYE ANN CERBANTES,
Defendant.
x---------------------------------x

MOTION FOR BILL OF PARTICULARS

COMES NOW, the defendant, through the undersigned counsel in the above-
entitled case and unto this Honorable Court respectfully avers:
1. That the plaintiff's complaint in paragraph 5 alleges:
From December 1, 2018 to January 2019, defendant
never paid anything to herein plaintiff. The check that she
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 clarify 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 a more definite statement as to the
particulars of the check mentioned in paragraph 5 of its complaint, particularly stating its
amount, check number, date, and the name of the drawee bank.
 City of Baguio, Philippines, this 15th day of September 2019.

ATTY. TREMORLYN E. GALLENTE

Counsel for the Accused
Room 9 Lopez Bldg., Session Road, Baguio City
PTR No. 2190759; 05/03/2019; Baguio City
IBP OR No: 1008020; 05/03/2019; Baguio City
Roll No.: 69888; 04/09/2019
Baguio City, Philippines
TIN No. 500-285-659-000

NOTICE OF HEARING
The Clerk of Court
RTC, Branch 8
Baguio City

ATTY. NOAH J. LUMABAN

3F Burnham Suites, Kisad Rd.,
Baguio City

Greetings:

Please be informed that the undersigned will request the Honorable Court to
approve the foregoing MOTION FOR BILL OF PARTICULARS without further argument
and appearance from counsel on Friday, 21 September 2019 at 9:00 am.

ATTY. TREMORLYN E. GALLENTE

Copy Furnished

ATTY. NOAH J. LUMABAN

Counsel for Plaintiff
3F Burnham Suites, Kisad Rd., Baguio City
PTR No. 23454; 01/12/2012; Baguio City
IBP OR No: 6928764; 01/12/2012; Baguio City