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RULE 63 WHEN AND WHERE (JURISDICTION) TO FILE?

DECLARATORY RELIEF AND SIMILAR REMEDIES
As to jurisdiction;

SECTION 1. WHO MAY FILE PETITION. Any person interested Before breach or violation thereof bring an action appropriate
under a deed, will, contract or other written instrument or Regional Trial Court.
whose rights are affected by a statute, executive order or NOTES:
regulation, ordinance or any other governmental regulation
may, before breach or violation thereof bring an action in the 1. If the subject matter is incapable of pecuniary
appropriate Regional Trial Court to determine any question of estimation jurisdiction is exclusively conferred to the
construction arising and for a declaration of his rights and Regional Trial Court.
duties thereunder. 2. A petition for declaratory relief is an action which is
incapable of pecuniary estimation. Thus, exclusive
An action for the reformation of instruments, to quiet title to and original jurisdiction is with RTC.
real property or remove cloud therefrom, or to consolidate 3. However, the jurisdiction of RTC on petition for
ownership under Article 1607 of the Civil Code, may be declaratory relief refers only to first paragraph of Rule
brought under this rule. 63 Section1.
WHAT IS A DECLARATOTY RELIEF? (MEANING) 4. The three remedies under the second paragraph are
considered similar to declaratory relief because they
Declaratory relief is defines as an action by any person also result in the adjudication of the legal rights, often
interested in a deed, will, contract or other written instrument, without the need of execution to carry the judgment
executive order or resolution, to determine any question of into effect.
construction or validity arising from the instrument, executive 5. Jurisdiction for the action on the second paragraph
order or regulation, or statute, and for a declaration of his depends on the assessed value of the property or
rights and duties thereunder. claim.
NOTE: The only issue that may be raised in such petition is WHAT IS THE PURPOSE OF AN ACTION FOR INTERPLEADER?
question of construction or validity of the provisions in an
instrument or statue. 1. To determine any question of construction or validity
arising; and
WHAT ARE THE REMEDIES UNDER RULE 63? 2. For declaration of his rights and duties thereunder.
The remedies under Rule 63 are as follows: WHAT ARE THE REQUISITES OF AN ACTION FOR
DECLARATORY RELIEF?
1. Declaratory relief;
2. An action for: 1. The subject matter of the controversy must be a
a. The reformation of an instrument; deed, contract, or other written instrument, statute,
b. To quiet title to real property or remove clouds an executive order or regulation, or an ordinance;
therefrom; or 2. The terms of said documents and the validity thereof
c. To consolidate ownership under Article 1607 of are doubtful and require judicial construction;
the Civil Code. 3. There must have been no breach of the documents
in question;
HOW INITIATED?
4. There must be an actual justiciable controversy or the
By way of filing a petition for declaratory relief and other “ripening seeds” of one between persons whose
similar remedies. interest are adverse;
5. The issue must be ripe for judicial determination; and
WHO ARE THE PARTIES MAY FILE THE PETITION? 6. The adequate relief is not available through other
Those who may file petition for declaratory relief are: means or other forms.

1. Any person interested under a deed, will, contract, or WHAT IS A JUDICIAL CONTROVERSY?
other written instrument; or A judicial controversy refers to an existing case or controversy
2. Whose rights are affected by a statute, executive that is appropriate or ripe for judicial determination, not one
order or regulation, ordinance, or other is conjectural or merely anticipatory.
governmental regulation.

Ripening seeds – a dispute may be tried at its inception before
it has a accumulated the asperity, distemper, animosity,
passion, and violence of a full blown trial.
- It describes a state of facts indicating imminent
and inevitable litigation provided that the issue is
not settled and stabilized by tranquilizing
declaration.
WHAT IS THE EFFECT OF ABSENCE OF JUSTICIABLE
CONTROVERSY?
Without any justiciable controversy, the petition have become
pleas for declaratory relief, over which the court has no
original jurisdiction.
WHAT IS THE EFFECT WHERE THE LAW OR CONTRACT HAS
ALREADY BEEN CONTRAVENED?
Where the law or contract has already been contravened prior
to the filing of an action for declaratory relief, the courts can
no longer assume jurisdiction over the action.
- In other words, a court has no more jurisdiction
over an action for declaratory relief if its subject
has already been infringed or transgressed
before the institution of the action.
IS AN ACTION FOR DECLARATORY RELIEF AFTER BREACH
OBJECTIONABLE?
Yes. The Supreme Court held in the case of SARMIENTO V.
CAPAPAS, that an action for declaratory relief after breach of
a contract or statute is objectionable.
The institution of an action for declaratory relief after a breach
of a contract or a statute, is objectionable on various grounds,
among which is that it violates the rule on multiplicity of suits.
WHAT IS THE PURPOSE OF DECLARATORY RELIEF?
The Supreme Court held that the purpose of the action is:
1. to secure an authoritative statement of the rights and
obligations of the parties under a statute, deed,
contract, etc. ; and
2. for their guidance in its enforcement or compliance.
NOTES:
1. Not to settle issues arising from its alleged breach.
2. It may be entertained ONLY BEFORE breach or
violation of the statute, deed, contract, etc. to which
it refers.
3. Where the law or contact has already been
contravened prior to the filing of an action for
declaratory relief, he court can no longer assume
jurisdiction over the action. Moreover, a cause of
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action has already accrued in favor of one or other
party, thus, there is no more for the court to explain
or clarify, short of a judgment or final order.
IS A THIRD-PARTY COMPLAINT PROPER WHEN THE MAIN
CASE IS DECLARATORY RELIEF?
The Supreme Court held in case of Commissioner of
Customs v. Cloribel, that a third-party complaint is not
proper in declaratory relief. Furthermore, a third-party
complaint is inconceivable when the main case is one for
nothing more than a declaratory relief.
In a third-party complaint, the defendant or third party
plaintiff is supposed to seek contribution, indemnity,
subrogation or any other relief from the third-party
defendant in respect to the claim of the plaintiff against
him.
CAN AN AFFIRMATIVE RELIEF BE GRANTED IN A COMPLAINT
FOR DECLARATORY RELIEF?
The Supreme Court sustained the grant of affirmative relief in
a complaint for declaratory relief in the case of Adlawan v. IAC.
ARE THE SUBJECT MATTER OF DECLARATORY RELIEF
EXCLUSIVE?
Yes. The Supreme Court ruled in the case of Matienzo v. Ortiz,
the subject matter are exclusive.
First paragraph of Rule 63 Section 1 enumerates the subject
matter to be inquired upon in a declaratory relief namely:
1. Deed;
2. Will;
3. Contract; or
4. Other written instrument;
5. Statute;
6. Executive order or regulation; or
7. Any government regulation.
IS PETITION FOR AUTHORITY TO REMARRY A PETITION FOR
DECLARATORY RELIEF?
The Supreme Court explained in the case of Republic v.
Obrecido , that a petition for authority to remarry actually
constituted a petition for declaratory relief.
IS DECLARATORY RELIEF A REMEDY TO QUESTION ACTS
WHICH ARE JUDICIAL OR QUASI-JUDICIAL?
NO. The Supreme Court said in Galicto v. Aquino, that
declaratory relief is the proper remedy to question acts which
are NOT judicial or quasi-judicial in nature.
WHAT KIND OF JURISDICTION DOES SUPREME COURT HAS
ON ACTION FOR DECLARATORY RELIEF?
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APPELLATE JURISDICTION. The Supreme Court ONLY has the terms of their
appellate, not original, jurisdiction as held in the case of Liga agreement.
ng mga Barangay National v. City Mayor of Manila. The equity of reformation is It is intended to declare the
ordinarily limited to written inefficiency which the
Article 8 Section 5 (2) of the Constitution provides: agreements and its purpose contract already carries in
is to establish and itself and render the
(2) Review, revise, reverse, modify or affirm on appeal or
perpetuate agreement. contract inefficacious.
certiorari as the law or the Rules of Court may provide, final
judgments and orders of lower courts:
WHAT ARE THE REQUISITES OF REFORMATION?
a. All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential In order that an action for reformation of instrument may
decree, proclamation, order, instruction, ordinance or prosper, the following requisites must concur:
regulation is in question.
1. There must have been meeting of the minds of the
Thus, Supreme Court does not have original jurisdiction over parties to the contract;
petition for a declaratory relief even if only questions of law 2. The instrument does not express the true intention
are involved. of the parties; and
3. The failure of the instrument to express the true
SIMILAR REMEDIES:
intention of the parties is due to mistake, fraud,
1. On Reformation of Instruments. inequitable conduct or accident.

ON WHOSE NSTANCE REFORMATION MAY BE ORDERED?

- The remedy of reformation of an instrument is
grounded on the principle of equity where, in Reformation may be ordered at the instance of:
order to express the true intention of the
1. Either party or his successors-in-interest, if the
contracting parties, an instrument already
mistake was mutual;
executed is allowed by law to be reformed.
2. Otherwise, upon petition if the injured party, or his
- The right of reformation is necessarily an
heirs and assigns
invasion or limitation of the parol evidence rule.
Reason: When a writing is reformed, the result is WHEN REFORMATION IS NOT PROPER?
that an oral agreement is by court decree made
legally effective. Under Articles 1366 and 1367 of the Civil Code, there shall be
no reformation in the following cases:
IS THERE ANY LIMITATION IN THE USE OF THIS REMEDY?
1. Simple donations inter vivos wherein no condition is
Yes. The remedy being an extraordinary one, must be subject imposed;
to limitations as may be provided by law. 2. Will;
3. When the real agreement is void,
Among which is laches. Thus, a suit for reformation of an
4. When one of the parties has brought an action to
instrument may be barred by lapse of time.
enforce the instrument, he cannot subsequently ask
The prescriptive period for actions based upon a written for its reformation.
contract and for reformation of instrument is 10 years. (Article
1144) of the Civil Code. 2. Quieting of Title.
WHAT IS MEANING OF QUIETING OF TITLE?
REFORMATION OF INSTRUMENT V. ANNULMENT OF
CONTRACT
Quieting of Title is a common law remedy for the
Reformation of Instrument Annulment of Contract removal of any cloud upon, doubt, or uncertainty
Presupposes a valid Presupposes a defective affecting title to real property.
contract, existing contract, contract in which the minds
in which there had been a of the parties did not meet, - Whenever there is a cloud on title to real
meeting of the minds of the or the consent of one is property or any interest in real property by
parties but the instrument vitiated. reason of any instrument, record, claim,
drawn up and sign by them encumbrance, or proceeding that is apparently
does not correctly express valid or effective, but is, in truth and in fact,

invalid, ineffective, voidable, or unenforceable,
and may be prejudicial to said title, an action may
be brought to remove such cloud or to quiet the
title.
- The competent court is tasked:
1. to determine the respective rights of the
complainant and the other claimants;
2. to place things in their proper places, and
3. make the claimants, who has no rights to
said immovable, respect and do not disturb
the one so entitled, but also for the benefit
of both, so that whoever has the right will
see every cloud of doubt over the property
dissipated and he can thereafter fearlessly
introduce any desired improvements, as well
as use, and even abuse the property.
WHAT ARE THE REQUISITES OF QUIETING OF TITLE?
In order that an action for quieting of title may prosper, two
requisites must concur:
1. the plaintiff or complainant has a legal or equitable
title or interest in the real property subject of the
action; and
2. the deed, claim, encumbrance, or proceeding claimed
to be casting cloud on his title must be shown to be in
fact invalid or inoperative despite its prima facie
appearance of validity or legal efficacy.
3. Consolidation of Ownership
WHAT IS THE EFFECT OF NON-COMPLIANCE WITH
ARTICLE 1607?
The Supreme Court explained in the case of Cruz v.
Leis that the effect of non-compliance with Article
1607 which requires a judicial hearing before
registration of the property in the name of the vendee
a retro as follows:
Article 1607. In case of real property, the
consolidation of ownership in the vendee by virtue
of the failure of the vendor to comply with the
provisions of Article 1616 shall not be recorded in the
Registry of Property without judicial order, after the
vendor had been duly heard.
- This Article intended to minimize the evils which
the pacto de retro sale has caused in the hands
of usurers.
- A judicial order is necessary in order to
determine the nature of the transaction and to
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prevent the interposition of buyers in good faith
while the determination is being made.
NOTES:
1. Notwithstanding Article 1607, the recording in
the Registry of Property of the consolidation of
ownership of the vendee is not a condition sine
qua non to transfer of ownership of ownership.
2. The essence of a pacto de retro sale is that the
title and ownership of the property sold are
immediately vested in the vendee a retro, subject
to a resolutory condition of repurchase by the
vendor a retro within the stipulated period. Thus,
failure of the vendor a retro to perform the said
resolutory condition vests upon the vendee by
operation of law absolute title and ownership
over the property sold. As title is already vested
in the vendee a retro, his failure to consolidate
his title under Article 1607 does not impair such
title or ownership for the method prescribed
thereunder is merely for the purpose of
registering the consolidated title.
IS HEARING REQUIRED IN JUDICIAL CONFIRMATION OF
FORECLOSURE SALE?
Yes. The Supreme Court held that hearing is required in judicial
confirmation of foreclosure sale.
In the case of Rural Bank of Oroquieta v. CA, the SC held that
a foreclosure sale is not complete until it is confirmed and
before said confirmation, the court retains control of the
proceedings by exercising a sound discretion in regard to it,
either by granting or withholding confirmation as the rights
and interest of the parties and the end of justice may require
- Moreover, In order that a foreclosure sale may
be validly confirmed by the court, it is necessary
that a hearing be given the interest of the parties,
at which they may have an opportunity to show
cause why the sale should not be confirmed.
- The acceptance of a bid at the foreclosure sale
confers no title on the purchaser. Until the sale
has been validly confirmed by the court, he is
nothing more than a preferred bidder. Title vests
only when the sale has been validly confirmed by
the court.
- A hearing should be held for the confirmation of
the sale. The mortgagor should be notified of the
hearing. Lack of notice vitiates the confirmation
of the sale. Thus the mortgagor may still redeem
the mortgaged lot after the rendition of the order
confirming the sale which is void for lack of
hearing and notice to the mortgagor

SECTION 2. PARTIES. All persons who have or claim any
interest which would be affected by the declaration shall be
made parties; and no declaration shall, except as otherwise
provided in these rules, prejudice the rights of the persons not
parties to the action.
WHAT IS THE EFFECT OF NON-JOINDER OF NECESSARY
PARTIES?
Other persons who would be affected by the declaration, but
were not impleaded as necessary parties, in which case the
declaration shall not prejudice them.
WHAT IS THE EFFECT OF FAILURE TO JOIN ALL NECESSARY
PARTIES?
It would deprive the declaration of the final and pacifying
function the action of declaratory relief is calculated to
subserve, as they would not be bound by the declaration and
may raise the identical issue.
SECTION 3. NOTICE TO SOLICITOR GENERAL. In any action
which involves the validity of a statute, executive order or
regulation, or other any other governmental regulation, the
Solicitor General shall be notified by the party assailing the
same and shall be entitled to be heard upon such question.
WHEN TO NOTIFY THE SOLICITOR GENERAL?
If any action which involves the validity of a:
1. Statute:
2. executive order or regulation; or
3. any other governmental regulation.
WHO SHALL NOTIFY THE SOLICITOR GENERAL?
The party assailing the validity of a statute, executive order or
regulation, or any other governmental regulation and shall be
entitled to be heard upon such question.
SECTION 4. LOCAL GOVERNMENT ORDINANCES. In any action
involving the validity of a local government ordinance, the
corresponding prosecutor or attorney of the local government
unit involved shall be similarly notified and entitled to be
heard. If such ordinance is alleged to be unconstitutional, the
Solicitor General shall also be notified and entitled to be heard.
WWHEN TO NOTIFY THE PROSECUTOR OR ATTORNEY FO
RTHE LOCAL GOVERNMENT?
In any action involving the validity of a local government
ordinance, the corresponding prosecutor or attorney of the
local governmental unit shall be similarly notified and entitled
to be heard.
WHEN TO NOTIFY THE SOLICITOR GENERAL?
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If such ordinance is alleged to be unconstitutional, the Solicitor
General shall also be notified and entitled to be heard.
SECTION 5. COURT ACTION DISCRETIONARY. Except in actions
falling under the second paragraph of Section 1 of this Rule,
the court, moto proprio or upon motion, may refuse to
exercise the power to declare rights and to construe
instrument 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 or proper under the circumstances.
WHEN COURT ACTION DISCRETIONARY?
The court, moto proprio or upon motion may refuse to
exercise the power to declare rights and to construe
instruments in any case:
1. where a decision would not terminate the uncertainty
or controversy which give rise to the action; or
2. in any case where the declaration or construction is
not necessary and proper under the circumstances.
WHAT ARE THE EXCEPTIONS TO THE RULE WHERE COURT
ACTION IS DISCRETIONARY?
Except in cases involving:
1. The reformation of an instrument;
2. To quiet title to real property or remove clouds
therefrom; or
3. To consolidate ownership under Article 1607 of the
Civil Code
SECTION 6. CONVERSION INTO ORDINARY ACTION. If before
the final termination of the case, a breach or violation of the
instrument, statute, executive order or regulation, ordinance,
or any other governmental regulation should take place, the
action may thereupon be converted into ordinary action and
the parties shall be allowed to file such pleadings as may be
necessary or proper.
WHEN DECLARATORY RELIEF BE CONVERTED TO ORDINARY
ACTION?
The action for declaratory relief may be converted into an
ordinary action if before the final termination of the case, a
breach or violation of an instrument or a statute, executive
order or regulation, ordinance or any other governmental
regulation should take place.
HOW CONVERTED?
The parties shall be allowed to file such pleadings as may be
necessary or proper.
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WHEN CONVERSION OF DECLARATORY RELIEF INTO

ORDINARY ACTION WARRANTED?

If before the final termination of the case, a breach or violation

of an instrument or a statute, executive order or regulation,
ordinance, or any other governmental regulation should take
place, the action may thereupon be converted into an ordinary
action, and the parties shall be allowed to file such pleadings
as may be necessary or proper.

WHAT IS THE EFFECT OF FAILURE TO RAISE THE ISSUE?

Dismissal