What if the complaint is unclear? Motion to dismiss NOT the remedy

The purpose of a bill of particulars is to aid in the preparation of a responsive pleading. An action cannot be dismissed on the ground that the complaint is vague or indefinite.

It is true that the allegation in question is rather vague, as it does not state the manner or form in which such voluntary recognition of petitioner was made, whether in a record of birth, a will, statement before a court of record, or in any authentic writing. 11 But this Court, speaking thru Chief Justice Moran, in Co Tiamco v. Diaz, 12 explained that under "the new Rules of Court, an action cannot be dismissed upon the ground that the complaint is vague, ambiguous, or indefinite (see Rule 8, section 1), because the defendant, in such case, may ask for more particulars (Rule 16) or he may compel the plaintiff to disclose more relevant facts under the different methods of discovery provided by the Rules (Rules 18, 20, 21, 22 and 23). Professor Sunderland once said: "The real test of a good pleading under the new rules is whether the information given is sufficient to enable the party to plead and prepare for trial. A legal conclusion may serve the purpose of pleading as well as anything else if it gives the proper information. If the party wants more he may ask for more details in regard to the particular matter that is stated too generally." (Vol. XIII, Cincinnati Law Review, January 1939)." (G.R. No. L-30380).

A motion for bill of particulars seeks to clarify matters in the complaint which are vague, ambiguous, or not averred with sufficient definiteness. It applies to ANY PLEADING which in the perception of the movant contains ambiguous allegations.

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