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: