Rule 63 – Declaratory Relief and

Similar Remedies
Jess Angel Del Rosario & Jose Paolo Abala
Section 1. Who may file petition

 Any person invested 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 governmental regulation may, before breach
or violation thereof, bring an action in the appropriate Regional Trial Court to determine any question of
construction or validity arising, and for a declaration of his rights or duties thereunder.
 An action for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or
to consolidate ownership under Article 1607 of the Civil Code, may be brought under this Rule.
Declaratory Relief, defined.

 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. (Province of Camarines Sur v. Court of Appeals, 600 SCRA 569,
584-585)
Purpose

 1. 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 rights thereunder. (Sec. 1, Rule 63, Rules of Court)
 2. 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. (Meralco v. Philippine Consumers
Foundation, Inc., 374 SCRA 262, 276)
 3. The purpose is to 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 reliefs like injunction, damages or any other
relief beyond the purpose of the petition as declared under the Rules. It is not brought to settle issues arising
from a breach because after the breach of the contract or statute, the petition can no longer be brought.
Requisites

 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 two 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.
When a petition for declaratory relief is not
proper; examples

 1. An action for declaratory relief to ask the court to declare his filiation and consequently his hereditary
rights. (Edades v. Edades, 99 Phil. 675, 678)
 2. An action for declaratory relief to seek judicial declaration of citizenship to correct a previous unilateral
registration by petitioner as an alien is improper. (Oblies v. Republic, 92 Phil. 864, 866-867)
 3. A petition for declaratory relief is not proper to assail a judgment.
 4. Even if the subject is one enumerated under the Rules, where the contract or statute is clear in its terms
and there is no doubt as to its meaning and validity, a petition for declaratory relief is improper.
Who may file the petition

 Any person ‘interested’ where the subject of the petition is a deed, will, contract or other written instrument.
 Whose rights are affected if the subject is a statute, executive order or regulation, ordinance, or any other
government regulation.
Jurisdiction

 Generally, RTC.
Filing before any breach or violation

 The petition for declaratory relief is filed before there occurs any breach or violation of the deed, contract,
statute, ordinance or executive order or regulation (Sec. 1, Rule 63, Rules of Court).
 It will not prosper when brought after a contract or a statute has already been breached or violated. (Ollada v.
Central Bank of the Philippines, 5 SCRA 297, 303).
Justiciable Controversy

 The traditional concept of a cause of action in ordinary civil actions does not apply to a declaratory relief
where no specific right of the plaintiff has yet been violated because the action is brought before a breach of
the deed or law occurs.