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    MMTC Cpa Notes Sca-Rule-63

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    george almeda
    Rule 63 governs actions for declaratory relief. It allows (1) those with an interest in written instruments and (2) those whose rights are affected by statutes/regulations to file for declaratory relief before a violation occurs, to determine questions of construction or validity. The court may refuse to hear cases where a decision would not resolve the uncertainty. Similar remedies include reformation of instruments, quieting title, and consolidation of ownership. The RTC has jurisdiction over declaratory relief actions.

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    MMTC Cpa Notes Sca-Rule-63

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    george almeda
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    Rule 63 governs actions for declaratory relief. It allows (1) those with an interest in written instruments and (2) those whose rights are affected by statutes/regulations to file for declaratory relief before a violation occurs, to determine questions of construction or validity. The court may refuse to hear cases where a decision would not resolve the uncertainty. Similar remedies include reformation of instruments, quieting title, and consolidation of ownership. The RTC has jurisdiction over declaratory relief actions.

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    Mmtc Cpa Notes Sca-rule-63

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    Rule 63 governs actions for declaratory relief. It allows (1) those with an interest in written instruments and (2) those whose rights are affected by statutes/regulations to file for declaratory relief before a violation occurs, to determine questions of construction or validity. The court may refuse to hear cases where a decision would not resolve the uncertainty. Similar remedies include reformation of instruments, quieting title, and consolidation of ownership. The RTC has jurisdiction over declaratory relief actions.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    168 views2 pages

    MMTC Cpa Notes Sca-Rule-63

    Uploaded by

    george almeda
    Rule 63 governs actions for declaratory relief. It allows (1) those with an interest in written instruments and (2) those whose rights are affected by statutes/regulations to file for declaratory relief before a violation occurs, to determine questions of construction or validity. The court may refuse to hear cases where a decision would not resolve the uncertainty. Similar remedies include reformation of instruments, quieting title, and consolidation of ownership. The RTC has jurisdiction over declaratory relief actions.

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    Rule 63 - DECLARATORY RELIEF AND SIMILAR REMEDIES

    Who may file an action or petition for a Declaratory Relief?

    1. Any person who has an interest in a deed, will, contract or other written instrument; or

    2. Any person whose rights are affected by a statute, EO, ordinance or any other
    governmental regulation

    When may a person file an action for Declaratory Relief?

    - Before any breach or violation of his right

    For what purpose?


    - To determine any question of construction or validity of the deed, will, contract or
    other written instrument in which the petitioner is interested
    o The purpose of the petitioner is not to prevent violation because there is no
    violation and there is no imminent threat
    - To interpret or determine validity or constitutionality of a statute, EO, ordinance or
    regulation

     If during the pendency of action for declaratory relief, the right or interest of the petitioner
    is violated, the court should not dismiss the petition for declaratory relief, it will be
    converted to ordinary civil action
    o Because the Petitioner has already a cause of action

    Who should be impleaded as respondents?

    - All person whose rights may be affected by the decision of the court in the action
    for declaratory relief, otherwise they will not be bound by any decision of the court

    The court, in his discretion, may refuse to give due course

    - 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. (5a, R64)

    - Reason: There is no violation yet, there is no urgency.


    o Decision of the court will not remove the uncertainty

    Mia Cabello Notes on REMEDIAL LAW 2 under ATTY.OBRA Page 1


    Similar Reliefs / Remedies

    - Action for the reformation of an instrument


    - Action to quiet title to real property or remove clouds;
    - Action to consolidate ownership under Article 1607 of the Civil Code, may be brought
    under this Rule.

    What are the similar remedies? (Par. 2, Sec. 1)

    1. Reformation of instrument

    - defect must be on the instrument itself and not on the agreement


    - when the contract does not reflect the true intention of the parties

    A sold to B 100 hectare if land for 10M. Secretary committed an error in typing the area
    of the land, instead of 100, she type 10 hectares only.

    The remedy is reformation and NOT rescission of contract because there nothing wrong
    with the contract.

    2. Quieting of title/Remove Clouds over the title

    - to remove doubts over the ownership

    3. Consolidation of ownership under Art. 1607 of the Civil Code

    - In case of sale pacto de retro, the buyer files the action to consolidate ownership after
    the lapse of the period to repurchase the property; or
    - In case of foreclosed property sold at a public auction, may be filed after the lapse of 1-
    year redemption period from the registration of the sale with the office of the sheriff.

    With regard to this similar remedies, the court cannot refuse to give due course.

    Jurisdiction over Declaratory Relief?

    - RTC – Ratio: not capable of pecuniary estimation


    - Effect if converted to Ordinary Civil Action where case may be heard by the MTC? –
    RTC will continue to hear the case because a court who first acquired jurisdiction shall
    continue to hear the case.

    Mia Cabello Notes on REMEDIAL LAW 2 under ATTY.OBRA Page 2

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