IAC, Sumcad
Bill of particulars
FACTS
A complaint for reconveyance was filed by petitioner
Rosita Bantillo against Elsa Sumcad with the CFI.
Petitioner alleged that she is the surviving heir of the
deceased spouses Zafra; that the spouses had
occupied and leased the property in dispute under a
claim of ownership since 1950.; that petitioner, as
surviving heir and in representation of the heirs of
Zafra spouses, had been in open and continuous
possession and occupation of the lot ever since death
of the spouses; that by virtue of a title issued in the
name of respondent, respondent had ejected
demands to reconvey the land to petitioner.
Sumcad filed a Motion for Bill of Particulars. Sumcad
requested that Bantillo be directed by court to:
a. To specify what kind of surviving heir she is;
b. To specify by what right or authority she
represents the so-called heirs of spouses;
c. To show papers under which she is
authorized to represent them in court; and
d. To specify these other heirs by name and
nature of their heirship
Petitioner questioned the propriety of respondents
motion alleging that matters mentioned were not
essential to enable respondent to file an answer to the
complaint, that such matters are not proper subjects
of a motion for bill of particulars.
Subsequently, petitioners counsel manifested in open
court that she was willing to specify the names of the
heirs allegedly being represented by plaintiff as well
as to submit the SPA executed by said heirs. Hence,
the court a quo issues an Order requiring the
submission of the same and the defendant is given 15
days from receipt of amended complaint within which
to file the defendants responsive pleading.
Respondent filed a motion to dismiss pointing out that
plaintiff had not yet submitted her amended complaint
as directed by the court.
Petitioner filed an Opposition to the Motion to Dismiss
attached to was the amended complaint. It contended
that the delay was due to the fact that the court had
for quite a time no presiding judge, so that even said
pleading be filed, it still could not be acted upon.