DECLARATORY RELIEF AND OTHER SIMILAR REMEDIES

(RULE 63)

WHAT IS DECLARATORY RELIEF?

(RULE 63, Sec.1)

is a special civil action brought in the Regional Trial Court by a person who is 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 government regulation, before breach or violation thereof, asking
the court to determine any question of construction or validity arising, and for a declaration of his
rights or duties, thereunder.

ORDINARY CIVIL ACTION DISTINGUISH FROM SPECIAL CIVIL ACTION OF DECLARATORY RELIEF

ORDINARY CIVIL ACTION SPECIAL CIVIL ACTION OF DECLARATORY

RELIEF

Plaintiff alleges that his right has been violated by the An impending violation is sufficient to file a
defendant declaratory relief

Judgment is rendered No execution may be issued

Writ of execution may be executed against the The Court merely makes a declaration
defeated party
 ACTION FOR DECLARATORY RELIEF

INA API,
Plaintiff,
- versus
Civil Case No. 2468
THE CITY COUNCIL
OF QUEZON CITY,
Defendant.

x --------------------------- x
COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City
Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with
notices at Quezon City Hall.

2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to
operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of
P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of the
Ordinance are, as follows:

(Quote the relevant portions from the Ordinance being questioned)

3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the

authorities to stop even urgent and important calls which may be made only while the person is in transit. It
fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of business is
conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate important
pleadings over the phone while in transit due to the worsening traffic condition. The Ordinance appears to bar
his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance.

4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because
he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when
such use may lead to confiscation and a fine.

WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief
and declare plaintiffs rights and duties under the Ordinance.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for Plaintiff

[Address]
WHO MAY FILE A PETITION FOR DECLARATORY RELIEF

A petition for declaratory relief may be filed by a person who is interested under a deed, will, contract
or other written instrument or whose rights are affected by a statute, executive order or regulation,
ordinance or other governmental regulation before breach or violation thereof.

WHAT IS THE PURPOSE OF FILING A DECLARATORY RELIEF

the purpose of the remedy is to interpret or to determine the validity of the written instrument and to
seek a judicial declaration of the parties rights and obligations thereunder.

WHAT ARE THE ESSENTIAL REQUISITES OF THE SPECIAL ACTION FOR DECLARATORY RELIEF

1. there is justiciable controversy;

2. the controversy is between persons whose interests are adverse;
3. the party seeking the relief has a legal interest in the controversy; and
4. the issue is ripe for judicial determination

WHEN IS THE PETITION FOR DECLARATORY RELIEF FILED

filed BEFORE the occurrence of any breach or violation of the deed, contract, statute, ordinance or
executive order or regulation (Section 1, Rule 63 of the 1997 Rules of Civil Procedure)

what happens if during the pendency of the action, a breach or violation of the statute or instrument
occurs?
the special civil action for declaratory relief is converted into an ordinary civil action and the
parties shall be allowed to file such pleadings as may be necessary or proper

THIRD PARTY COMPLAINT ALLOWED?

it is not allowed because no material relief is being sought in the action, but if the special civil
action for declaratory relief is converted into an ordinary civil action by reason of the breach or
violation of the statute or instrument, then a third-party complaint may now be filed by the
defendant

COMPULSORY COUNTERCLAIM?
it is allowed in declaratory relief as long as the counterclaim is based on the same transaction,
deed or contract subject of the complaint
example: a collection of sum of money may be set up in a declaratory relief by way of
counterclaim
WHEN COURT MAY REFUSE TO MAKE JUDICIAL DECLARATION

Grounds for the Court to refuse to exercise declaratory relief:

a) A decision would not terminate the uncertainty or controversy which gave rise to the action; or
b) The declaration or construction is not necessary and proper under the circumstances as when the
instrument or the statute has already been breached.

In declaratory relief, the court is given the discretion to act or not to act on the petition. It may
therefore choose not to construe the instrument sought to be construed or could refrain from declaring
the rights of the petitioner under the deed or the law.
A refusal of the court to declare rights or construe an instrument is actually the
functional equivalent of the dismissal of the petition.

Note: On the other hand, the court does not have the discretion to refuse to act with respect to actions
described as Similar Remedies.

PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES

a) Action for reformation of an instrument (Arts. 1359-1369 of the Civil Code;

b) Action for quieting of title to real properties or remove clouds therefrom (Arts. 476-471 of the Civil
Code); and
c) Action for consolidation of ownership (Art. 1607, Civil Code)

A. REFORMATION OF AN INSTRUMENT

the instrument is to be reformed because despite the meeting of 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 (Art.
1359, Civil Code).

E.g
A and B have agreed on the area of the land subject of the sale, but by an act of fraud done by the
seller who prepared the deed of sale, a smaller area is indicted therein.

REFORMATION OF AN INSTRUMENT
(OTHER EXAMPLES)

When a mutual mistake of the parties causes the failure of the instrument to disclose their real
agreement, said instrument may be reformed (Art. 1361, Civil Code)
If the instrument does not express the true intention of the parties because of lack of skill of the
person drafting the instrument (Art. 1364, Civil Code)
If the parties agree upon the mortgage or pledge of the property, but the instrument states that the
property is sold absolutely or with a right of repurchase, reformation of the instrument is proper (Art.
1365, Civil Code)

FOR INSTANCE:
Where the consent of a party to a contract has been procured by fraud, inequitable conduct or accident,
and an instrument was executed by the parties in accordance with the contract.
-action for reformation of instrument is not available
REMEDY:
file an action for annulment of the contract. A contract where one partys consent is vitiated is voidable
and annullable (Arts. 1330 and 1390, Civil Code)
Reformation of the instrument cannot be brought to reform any of the following:

1) Simple donation inter vivos wherein no condition is imposed;

2) Wills; or
3) When the agreement is void (Art. 1366, Civil Code)

B. CONSOLIDATION OF OWNERSHIP

the concept of consolidation of ownership under Art. 1607, Civil Code, has its origin in the substantive
provisions of the law on sales.
Under the law, a contract of sale may be extinguished either by legal redemption (retracto legal) (Art.
1619, Civil Code) or conventional redemption (pacto de retro) (Art. 1601, Civil Code)

Legal Redemption:
a statutory mandated redemption of a property previously sold.

E.g:
a) a co-owner of a property may exercise the right of redemption in case the shares of all the
other co-owners or any of them are sold to a third person (Art. 1620, Civil Code)
b) the owners of adjoining lands shall have the right of redemption when a piece of rural land
with a size of one hectare or less is alienated (Art. 1621, Civil Code)

Conventional redemption:
one that is not mandated by the statute but one which takes place because of the stipulation of the
parties to the sale.
The period of redemption may be fixed by the parties, the period cannot exceed ten (10) years from the
date of the contract. Absence of agreement, the redemption period shall be four (4) years from the date
of the contract (Art. 1606, Civil Code).

Note:
The action brought to consolidate ownership is not for the purpose of consolidating the
ownership of the property in the person of the vendee or buyer but for the Registration of the
property.
C. QUIETING OF TITLE TO REAL PROPERTY

to remove a cloud on title to real property or any interest therein. Thus, contemplates a situation
where the instrument or a record is apparently valid or effective but is in truth and in fact invalid,
ineffective, voidable or unenforceable, and may be prejudicial to said title to real property.
It may also be brought as a preventive remedy to prevent a cloud from being cast upon title to real
property or any interest therein (Art. 476, Civil Code).
Plaintiffs possession is not necessary before he may bring the action (Art. 477, Civil Code).

EXISTENCE OF A CLOUD
The cloud on title exists because:

1. Of an instrument or record or claim or encumbrance or proceeding

2. Which is apparently valid or effective
3. But is in truth and in fact, invalid, ineffective, voidable or unenforceable or extinguished or barred
by extinctive prescription
4. And may be prejudicial to the title

REASONS FOR ALLOWING THE ACTION

1. The prevention of litigation
2. The protection of the true title and possession
3. The promotion of right and justice

Note: the nature of the action for quieting of title is a proceeding quasi in rem

Requisites:
A. the plaintiff or complainant has a legal or equitable title or interest in the real property subject of
the action; and
B. the deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be shown
to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy
(PhilVille Development and Housing Corporation vs. Bonifacio, 651 SCRA 327)

Where to file?
a. Reformation of Instrument
-RTC
b. Consolidation of Ownership
-RTC
c. Quieting of Title to Real Property
-Depends, on the assessed value of the property
 ACTION TO REMOVE CLOUD ON, OR QUIET TITLE TO, REAL PROPERTY

PETITION

COMES NOW the petitioner and respectfully avers:

1. That he is the special administrator of the estate of ______________, deceased;

2. That the deceased, during his lifetime, executed a certain deed of sale of a piece of real estate in favor of the
respondent, dated ___________, and particularly described as follows, to wit:
________________________________________ ;
3. That the said sale is forged and fictitious, and is therefore in truth and in fact invalid;
4. That the existence of the said alleged deed of sale is prejudicial to the title of the lawful heirs of the
deceased upon the above-described real property;
5. That equity demands that the said deed of sale be surrendered and cancelled, as it is a cloud upon the title
of the deceased and his lawful heirs. WHEREFORE, it is respectfully prayed that:
a. _____________________________________________________
_________
b. _____________________________________________________
_________

___________________
(Attorney for the Petitioner)

___________________
(Address)