RULE 63 a) action for the reformation of an instrument

DECLARATORY RELIEF AND SIMILAR (Arts. 13569-1369, CC);

REMEDIES b) action for quieting of title to real property or
remove clouds therefrom (Arts. 476-481, CC);
I. DECLATORY RELIEF and
Meaning c) action for consolidation of ownership (Art.
-defined as an action by any person interested in 1607, CC)
a deed, will, contract or other written instrument,
executive order or resolution, to determine any 3. an action to consolidate ownership in a sale
question of construction or validity arising from with a right to repurchace.
the instrument, executive order or regulation, or
statute; and for a declaration of his rights and When court may refuse a judicial
duties thereunder. declaration
-issue raised: question of construction or validity
of provisions in an instrument or statute.
-corollary is the general rule that such an action
must be justified, as no other adequate relief or
remedy is available under the circumstances.

Purpose of declaratory relief

1. The petition is brought for the court to:
a) determine any question of construction or
validity arising from the subject of the action,
and
b) seek for a declaration of the petitioner’s right
thereunder.
-actions to declare a law, a statute or executive
order unconstitutional have been brought as
petitions for declaratory relief.

2. is brought 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 issues arising from its
alleged breach.

3. –purpose it so 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 relifes..
-not brought to settle issues arising from a
breach because after a breach of the contract or
statute, the petitions can no longer be brought.

-a declaratory relief proceeding is unavailable

where judgment would have to be made, only
after a judicial investigation of disputed issues.

Two (2) types of actions under Rule 63;

similar remedies
1 said Section 1 has two (2) paragraphs and each
deals with different types of actions.

2. first paragraph: action for declaratory relief.

Second paragraph: similar remedies. These
remedies are: