Prov Rem Rule 63 Final

RULE 63
DECLARATORY RELIEF
AND
SIMILAR REMEDIES
“ Let us not interpret the letter
the kills, but the spirit that
gives life ”
Section 1. Who may file petition. — Any person interested under
a deed, will, contract or other written instrument, or whose
rights are affected by a statute, executive order or regulation,
ordinance, or any other governmental regulation may, before
breach or violation thereof bring an action in the appropriate
Regional Trial Court to determine any question of construction
or validity arising, and for a declaration of his rights or duties,
thereunder.
An action for the reformation of an instrument, to quiet title to

real property or remove clouds therefrom, or to consolidate
ownership under Article 1607 of the Civil Code, may be brought
under this Rule.
Purpose of declaratory relief
1. (a)To determine any question of construction or validity arising from the subject
of the action, and (b) seek for a declaration of the petitioner’s rights thereunder.
2. To secure an authoritative statement of the rights and obligations of the parties
under a contract or statute for their guidance in the enforcement or compliance
with the same and not to settle arising from its alleged breach.
3. 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 affirmative relief. (like
injunction, damages or any other relief)
Two types of action under rule 63
•The first paragraph refers to an action

for declaratory relief.
•The 2nd paragraph deals with “similar”
remedies.
Requisites for declaratory relief
1. The subject matter of the controversy must be a deed,
will, contract or other written instrument, statute,
executive order or regulation, or ordinance;
2. The terms of the said statute or document and the
validity thereof are doubtful and require judicial
construction;
3. There must have been no breach of the statute or
document in question;
4. There must be an actual justiciable controversy
or the “ripening seeds” of one between persons
whose interests are adverse;
5. The issue must be ripe for judicial
determination; and
6. Adequate reliefs is not available through other
means or other forms of action or proceedings.
Subject mater in a petition for declaratory
relief; exclusive
a) Deed;
b) Will;
c) Contract or other written instrument;
d) Statute;
e) Executive order or regulations;
f) Ordinance; or
g) Any other governmental regulations
When petition for declaratory relief is not
proper
1. An action to ask the court to declare his filiation and consequently his hereditary rights.
2. An action to seek judicial declaration if citizenship to correct a previous unilateral
registration by petitioner as an alien.
3. For the purpose of seeking enlightenment as to the true import of a judgment. (the
remedy is to move for a clarificatory judgement)
4. An action to assail judgment.
5. Subject one of the enumerated but the contract or statute is clear in its terms and there is
no doubt as to its meaning and validity.
Who may file the petition?
1. “Any person interested” if the subject is a deed, will,

contract or other written instrument.
2. “Whose rights are affected” if the subject is a statute,
executive order or regulation, ordinance, or any other
government regulation.
Other parties
1. The other parties who have or claims any interest which would be affected
by the declaration.
2. The rights of persons not made parties to the action do not stand to be
prejudiced by the declaration.
3. Where the action involves the validity of a local government ordinance, the
corresponding prosecutor or attorney of the local government unit involved
shall be similarly notified and entitled to be heard. If such ordinance is
alleged unconstitutional, the Solicitor General.
4. In any action involves the validity of a statute, executive order or regulation
or any other governmental regulations, the Solicitor general shall be
notified by the party assailing the same and shall be entitled to be heard
upon such question.
Court with jurisdiction
1. The subject matter of a petition for declaratory relief raises issues which the are not
capable of pecuniary estimation and must be filed with the Regional Trial Court.
2. Action is one for quieting of title, action for reconveyance of title to real property or
cancellation of title to real property, the jurisdiction will depend upon the assessed
value of the real property.
3. Action seeks for declaration of his rights, the action is one for declaratory relief.
Jurisdiction Regional Trial Court.
4. The action for declaratory relief in not among the petitions within the original jurisdiction
of the Supreme Court. It only has appellate jurisdiction.
Petition for declaratory relief treated as a
petition for prohibition
• RENATO V. DIAZ and AURORA MA. F. TIMBOL

vs.
THE SECRETARY OF FINANCE and THE COMMISSIONER OF
INTERNAL REVENUE
G.R. No. 193007 July 19, 2011.
Arvin
INAPPLICABILITY OF A THIRD-PARTY
COMPLAINT
• Third party complaint is inconceivable when the main case is for declaratory
relief.
• Absence of allegations seeking material or affirmative reliefs
• In Declaratory relief the court is merely interpreting the terms of the
contract.
GRANTING AFFIRMATIVE RELIEF
• General Rule: Affirmative relief as in ordinary civil actions are not

granted in declaratory petitions.
• However, there are instances that the court grants affirmative

relief in a petition for declaratory relief as in the case of Adlawan
vs. Intermediate Appellate Court (170 SCRA 165, 176-177)
NO EXECUTORY PROCESS AS IN
ORDINARY CIVIL ACTIONS
• There is nothing to execute in the judgment of the court the way judgments
in ordinary civil actions are executed. This is because the judgment in a
declaratory relief is confined either to an interpretation of a deed or a
declaration whether or nor the petitioner has or does not have rights under
the law. As a general principle therefore, the judgment in a declaratory relief
is said to stand by itself and no executory process follows as of course. It is
unlike the judgment in an ordinary civil action which is coercive in character
and enforced by execution.
FILING BEFORE ANY BREACH FOR
VIOLATION
• The petition for declaratory relief is filed before

there occurs any breach or violation of the deed,
contract, statute, ordinance or executive order or
regulation.
Section 5. Court action discretionary.
Except in actions falling under the second

paragraph of section 1 of this Rule, the
court, motu proprio or upon motion, may
refuse to exercise the power to declare
rights and to construe instruments in any
case where a decision would not terminate
the uncertainty or controversy which gave
rise to the action, or in any case where the
declaration or construction is not necessary
and proper under the circumstances.
nHIZZA
What are the grounds for the court to refuse to exercise
declaratory relief?
The court, motu proprio or upon motion, may refuse to exercise the
power to declare rights and to construe instruments in any case
where:
A decision would not terminate the uncertainty or controversy which
gave rise to the action; or
The declaration or construction is not necessary and proper under
the circumstances as when the instrument or the statute has already
been breached (Sec 5, Rule 63).
Does the court have discretion to refuse to act with
respect to actions described as `similar remedies'?
No. The court does not have the discretion to refuse to

act with respect to actions described as `similar
remedies'. Thus, in an action for reformation of an
instrument, to quiet title or to consolidate ownership,
the court cannot refuse to render a judgment. (Sec 5,
Rule 63)
Section 6. Conversion into ordinary action.
If before the final termination of the case, a breach or
violation of an instrument or a statute, executive order
or regulation, ordinance, or any other governmental
regulation should take place, the action may thereupon
be converted into an ordinary action, and the parties
shall be allowed to file such pleadings as may be
necessary or proper. (Rule 63, Rules of Court)
Justiciable controversy
The traditional concept of cause of action in ordinary civil actions, as earlier
mentioned does not apply to a declaratory relief where no specific right of
the plaintiff has as yet been violated because the action is brought before a
breach of the deed or law occurs.
The absence of a breach should not however, be taken to mean that the
petition need not involve a controversy. A justiciable controversy is in fact
indispensable for the propriety of the petition. It need not be a controversy
consisting of an actual violation of a right by another but one with the
"ripening seeds" of a controversy. The controversy must be one that is not
merely imagined or one that is academic or theoretical.
A justiciable controversy is required because the court, in a petition for
declaratory relief is not called upon to render a mere `advisory opinion' which
unlike a judicial proceeding, has no res judicata effect and requires no
controversy of whatever degree.
Courts are not called upon to resolve questions as a "pure academic exercise.“
For example, a person who impugns a statute must be one who could show that
he will sustain a direct injury as a result of the enforcement of a statute (Cabarle
vs. Tagle, G.R. No. 113475, February 15, 1994). An actual injury is not necessary. In
declaratory relief, all that is required is an impending violation of the plaintiff's
rights.
What is the proper recourse to assail the
validity of an executive order?
Under the Rules of Court, petitions for Certiorari and Prohibition

are availed of to question judicial, quasi-judicial and mandatory
acts. Since the issuance of an EO is not judicial, quasi-judicial or
a mandatory act, a petition for certiorari and prohibition is an
incorrect remedy; instead a petition for declaratory relief under
Rule 63 of the Rules of Court, filed with the Regional Trial Court
(RTC), is the proper recourse to assail the validity of EO
7. (Galicto vs. Aquino, G.R. No. 193978, February 28, 2012)
SIMILAR REMEDIES
What court has jurisdiction over actions
described as "similar remedies"?
• The MTC exercise exclusive original jurisdiction over all civil actions which involve title to or
possession of real property where the assessed value does not exceed P20,000.00 outside
Metro Manila or does not exceed P50,000.00 in Metro Manila.
• The first paragraph of Section 1, Rule 63 of the Rules of Court, describes the general
circumstances in which a person may file a petition for declaratory relief, to wit:
Any person interested under a deed, will, contract or other written instrument, or whose rights
are affected by a statute, executive order or regulation, ordinance, or any other governmental
regulation may, before breach or violation thereof, bring an action in the appropriate Regional
Trial Court to determine any question of construction or validity arising, and for a declaration of
his rights or duties, thereunder.
The second paragraph of Section 1, Rule 63 of the Rules of Court
specifically refers to (1) an action for the reformation of an
instrument, recognized under Articles 1359 to 1369 of the Civil
Code; (2) an action to quiet title, authorized by Articles 476 to
481 of the Civil Code; and (3) an action to consolidate ownership
required by Article 1607 of the Civil Code in a sale with a right to
repurchase. These three remedies are considered similar to
declaratory relief because they also result in the adjudication of
the legal rights of the litigants, often without the need of
execution to carry the judgment into effect.
To determine which court has jurisdiction over the actions

identified in the second paragraph of Section 1, Rule 63 of the
Rules of Court, said provision must be read together with those
of the Judiciary Reorganization Act of 1980, as amended.
It is important to note that Section 1, Rule 63 of the Rules of Court
does not categorically require that an action to quiet title be filed
before the RTC. It repeatedly uses the word may that an action for
quieting of title may be brought under [the] Rule on petitions for
declaratory relief, and a person desiring to file a petition for
declaratory relief may x x x bring an action in the appropriate
Regional Trial Court. The use of the word may in a statute denotes
that the provision is merely permissive and indicates a mere
possibility, an opportunity or an option.
In contrast, the mandatory provision of the Judiciary Reorganization

Act of 1980, as amended, uses the word shall and explicitly requires
the MTC to exercise exclusive original jurisdiction over all civil actions
which involve title to or possession of real property where the
assessed value does not exceed P20,000.00.
As found by the RTC, the assessed value of the subject property as
stated in Tax Declaration No. 02-48386 is only P410.00; therefore,
petitioners Complaint involving title to and possession of the said
property is within the exclusive original jurisdiction of the MTC, not the
RTC. (Malana vs. Tappa, G.R. No. 181303, September 17, 2009)
HUMAN

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RULE 63

An action for the reformation of an instrument, to quiet title to

•The first paragraph refers to an action

1. “Any person interested” if the subject is a deed, will,

• RENATO V. DIAZ and AURORA MA. F. TIMBOL

G.R. No. 193007 July 19, 2011.

• General Rule: Affirmative relief as in ordinary civil actions are not

• However, there are instances that the court grants affirmative

• The petition for declaratory relief is filed before

Except in actions falling under the second

No. The court does not have the discretion to refuse to

Under the Rules of Court, petitions for Certiorari and Prohibition

To determine which court has jurisdiction over the actions

In contrast, the mandatory provision of the Judiciary Reorganization

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