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Question XVIII

2018 Bar · Remedial Law · 2 sub-questions

XVIII. The Republic of the Philippines (Republic) filed a complaint with the Sandiganbayan in connection with the sequestered assets and properties of Demo Companies Inc. (Demo) and impleaded its officers and directors. Since the complaint did not include Demo as defendant, the Sandiganbayan issued a Resolution where it ordered Demo to be impleaded. Thereafter, the Republic filed an amended complaint naming Demo as additional defendant, which amendment was later admitted. Demo filed a motion for bill of particulars for the Republic to clarify certain matters in its amended complaint. The Sandiganbayan immediately granted the motion. Upon submission of the bill of particulars by the Republic, Demo filed a motion to dismiss arguing that the answers in the bill of particulars were indefinite and deficient responses to the question of what the alleged illegally acquired funds or properties of Demo were. The Sandiganbayan dismissed the case.
(a)(a) Was the Sandiganbayan correct in dismissing the case? (2.5%)
(b)(b) What can the defendant, in a civil case, do in the event that his motion for bill of particulars is denied? (2.5%)

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