What is declaratory relief?

Declaratory relief 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. (Rule 63, Sec. 1)

Declaratory relief is defined as an action by any person interested in a deed, will,

contract or other written instrument, executive order or resolution, to determine
any question of construction or validity arising from the instrument, executive
order or regulation, or statute, and for a declaration of his rights and duties
thereunder. The only issue that may be raised in such a petition is the question
of construction or validity of the provisions in an instrument or statute.

What actions may be instituted as special civil actions for declaratory relief?
1. An action for reformation of an instrument
2. An action to quiet title to real property or to remove clouds therefrom; and
3. An action to consolidate ownership over a real property under article 1607
of the Civil Code
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, a will, a contract or other written instrument, and whose rights are
affected by a statute, an executive order, a regulation or an ordinance.

What is the purpose of 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 civil action for declaratory relief?
1. There is a 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
 4. The issue is ripe for judicial determination

It is settled that the requisites of an action for declaratory relief are:

1] the subject matter of the controversy must be a deed, will, contract or other
written instrument, statute, executive order or regulation, or ordinance;

2] the terms of said documents and the validity thereof are doubtful and require
judicial construction;

3] there must have been no breach of the documents in question;

4] there must be an actual justiciable controversy or the "ripening seeds" of one

between persons whose interests are adverse;

5] the issue must be ripe for judicial determination; and

6] adequate relief is not available through other means or other forms of

action or proceeding.

(Honesto Ferrer Jr., et al vs. Mayor Sulpicio Roco)

What is the concept of cause of action in declaratory relief?

The concept of cause of action under ordinary civil action does not strictly apply
because an action for declaratory relief presupposes that there has been no
actual breach of the instruments involved or of rights arising thereunder. But a
breach of violation should be impending, imminent, or at least threatened.

- A person who is not a party to a contract cannot file a petition for

declaratory relief and seek a judicial interpretation of such contract (Atleas
Consolidated Mining and Development Corp. v. CA,et al.)

- An issue is ripe for judicial determination when litigation is inevitable, or

when administrative remedies have been exhausted. (Bayan
Telecommunications Inc., Republic of the Philippines, et al.)