SCA Rule 63 Flashcards
What remedies are available under Rule 63?
- Declaratory relief;
- Reformation of instrument;
- Quieting of title or removal of clouds; and
- Consolidation of ownership
What is Declaratory Relief?
It is an action by any person interested in a deed, will, contract or other written instrument, executive order or resolution, to determine any question of construction or validity arising from the instrument, executive order or regulation, or statute; and for a declaration of his rights and duties thereunder. The only issue that may be raised in such a petition is the question of construction or validity of provisions in an instrument or statute.
What is the purpose of declaratory relife?
The purpose is to seek for a judicial interpretation of an instrument or for a judicial declaration of a person’s rights under a statute and not to ask for an affirmative relief beyond the purpose of the petition. It is not brought to settle issues arising from a breach because
after the breach of contract or statute, the petition can no longer be brought.
The subject matter in a petition for declaratory relief are..
- Deed
- Will
- Contract or other written instrument
- Statute
- Executive order or regulation
- Ordinance; or
- Any other governmental regulation
What are the requisites for declaratory relief?
- The subject matter of the controversy must be a deed, will, contract or other
written instrument, statute, executive order or regulation, or ordinance; - The terms of the said statute or document and the validity thereof are doubtful and require judicial construction;
- There must have been no breach of the statute or document in question;
- There must be an actual justiciable controversy or the “ripening seeds” of one
between persons whose interests are adverse; - The issue must be ripe for judicial determination; and
- Adequate relief is not available through other means or other forms of action or
proceeding (Almeda vs. Bathala Marketing Industries, Inc., 542 SCRA 470)
ToF. An action for declaratory relief to ask the court to declare his filiation and consequently his hereditary rights is proper.
False
ToF. A petition for declaratory relief is not proper for the purpose of seeking enlightenment as to the true import of a judgment.
True
ToF. A petition for declaratory relief is a remedy to assail a judgment.
False
When may Petition for declaratory relief may be treated as a petition for prohibition/mandamus?
- if the case has far-reaching implications and raises questions that need to be resolved for the public good.
- considering that grave injustice would result in the interpretation of a banking law.
WHO MAY FILE FOR DECLARATORY RELIEF?
[SECTION 2, RULE 63]
All persons who have or claim any interest which would be affected by the declaration shall be made parties; and no declaration shall, except as otherwise provided in these Rules, prejudice the rights of persons not parties to the action.
ToF. An action for declaratory relief presupposes that there has been no actual breach of the instruments involved or of the rights arising thereunder.
True
What is Reformation of Instrument?
is a remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when
some error or mistake has been committed. (Zaragosa, Tuason & Co. vs. Certified Clubs, 52718-R, November 24, 1975)
What is the purpose of the Reformation of Instrument?
The instrument is to be reformed because despite the meeting of the minds of the parties as
to the object and cause of the contract, the instrument which is supposed to embody the agreement of the parties does not reflect their true agreement by reason of mistake, fraud, inequitable conduct or accident. The action is brought so the true intention of the parties may be expressed in the instrument (Art. 1359, Civil Code)
WHO MAY ASK FOR THE REFORMATION OF THE INSTRUMENT?
Under Article 1368 of the Civil Code, reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns.
What is Quieting of Title?
is a special civil action, remedial in nature, which has for its purpose an adjudication that a claim of title or an interest in property, adverse to that of the complainant, is invalid, so that the complainant and those claiming under him may be forever afterward free from any danger of the hostile claim. This action is for the promotion of right and justice. (Almeyda vs. Ilacas, 64757-R, January 21, 1982)
