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It is of those nights that I am trying hard to court sleep but to no avail.  If that bottle of San Mig Light has something to do with my nocturnal blues, then I think I should avoid it next time ;).  

The whole day, our class had a review in Remedial Law as a requirement in one of our subjects for the second semester.  Some of our schoolmates also joined us.  I like the way our lecturer delivered the topics.  It was fun and I did not feel sleepy despite of the fact that those topics were already somewhat familiar to me (having listened to my favorite author Riano for countless of times).  

And since sleep is still eluding me, I might as well share something new that I learned from that review. 

Warning: This is intended for law students but those who are not are also welcome.  

On Bill of Particulars:

As stated in the Rules of Civil Procedure, before filing an Answer to a Complaint, the defendant has the option to file a bill of particulars.  It must be filed within the 15-day period provided by the Rules for the defendant to file his Answer. 

If within the 15-day period, the motion for a bill of particulars is denied on the 10th day, the defendant has five days to file his Answer.  However, if the said motion is denied on the 12th day, the defendant still has five days to file his Answer and not three days.  This is by virtue of the provision of Section 5, Rule 12 of the same Rules which states: 

"Sec. 5. Stay period to file a responsive pleading. - After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than five (5) days in any event."

Variance:

It is also the first time that I heard of the term "variance".  Maybe it's because, I have not read all the provisions of the Rules and my Civil Procedure textbook.  Variance is when the offense charged or the accusation does not conform with the evidence presented during trial.  In criminal cases, its effect is that the court would make its judgment in favor of the accused.

So far,these two are all that I can discuss for now, the rest will be posted here when I get back from my vacation which will start tomorrow.  

I have to give credit to Atty. Bolanos for being a great lecturer.  I did not only enjoy this day, I also learned something  new to be added on my arsenal of legal know how.   Thank you very much sir.  

In closing, let me share this phrase quoted from a decided case of the Supreme Court. 

"Under the principle of res judicata, the Court and the parties are bound by such final decision, otherwise, there will be no end to litigation. It is to the interest of the public that there should be an end to litigation by the parties over a subject fully and fairly adjudicated, and an individual should not be vexed twice for the same cause." (Manalo et al v. CA, G.R. No. 124204, April 20, 2001)

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