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ROC Rules on Civil Procedure

ROC Rules on Civil Procedure

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Published by: ulan_di on Feb 09, 2011
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03/31/2014

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DECLARATORY RELIEF AND SIMILAR REMEDIES

SECTION 1. Who may file petition.— Any person interested under a deed, will, contract or other written instrument,
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. (1a, R64)

SEC. 2. Parties.— 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. (2a, R64)

SEC. 3. Notice on Solicitor General.— In any action which involves the validity of a statute, executive order or

regulation, or any other governmental regulation, the Solicitor General shall be notified by the party assailing the same
and shall be entitled to be heard upon such question. (3a, R64)

SEC. 4. Local government ordinances.— In any action involving the validity of a local government ordinance, the
corresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitled to be
heard. If such ordinance is alleged to be unconstitutional, the Solicitor General shall also be notified and entitled to be
heard. (4a, R64)

SEC. 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. (5a, R64)

SEC. 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. (6a, R64)

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