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  • SpecCiv Declaratory-Relief BaeNotesSeries

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    Mark Dungo
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    1) Declaratory relief allows parties to ask a court to interpret laws, contracts, deeds, or other documents when there is no breach or violation yet, only uncertainty about rights. 2) Reformation of a contract is appropriate when there was a mutual mistake by both parties in stating the true object of the contract. 3) Jurisdiction for declaratory relief and reformation depends on the subject matter. The regional trial court has jurisdiction for cases involving real property or interpretation of contracts.

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    1) Declaratory relief allows parties to ask a court to interpret laws, contracts, deeds, or other documents when there is no breach or violation yet, only uncertainty about rights. 2) Reformation of a contract is appropriate when there was a mutual mistake by both parties in stating the true object of the contract. 3) Jurisdiction for declaratory relief and reformation depends on the subject matter. The regional trial court has jurisdiction for cases involving real property or interpretation of contracts.

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    111 views1 page

    SpecCiv Declaratory-Relief BaeNotesSeries

    Uploaded by

    Mark Dungo
    1) Declaratory relief allows parties to ask a court to interpret laws, contracts, deeds, or other documents when there is no breach or violation yet, only uncertainty about rights. 2) Reformation of a contract is appropriate when there was a mutual mistake by both parties in stating the true object of the contract. 3) Jurisdiction for declaratory relief and reformation depends on the subject matter. The regional trial court has jurisdiction for cases involving real property or interpretation of contracts.

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    PROVISIONAL REMEDIES_#BaeNotesSeries MUTUAL (parehas nagkamali ang parties).

    If the
    Atty. Tranquil Salvador III other party confirms that he was the one who
    Topic: Rule 63 – Declaratory Relief committed mistake, then reform. But in case wala
    talaga magkasundo, no meeting of the minds, then
     Remember the first section. 1st par does not require you cannot reform.
    breach, and it is the declaratory relief. 2nd par is
    other similar remedies, it is not declaratory relief.  Where do you file action for reformation? MAY be
    brought before the RTC according to 2nd par. In
     Madalas ginagamit ito kapag may batas na Malabo. quieting of title/removal of cloud? This was
    Kasi kapag may violation of right, wala ng explained in case of Sabitsana vs. Muertegi. The
    declaratory relief. The person asks for the court with jurisdiction is RTC.
    interpretation of the court with regard to contracts,
    laws, rules, ordinance etc. It pertains in the rule  Any case that touch on the title of a property, if
    making power of the government. there is a real property involved, or if it involves
    title or possession of real property, it will be based
     Given example was the case of Commisioner of on the assessed value of the property. BUT, If it is
    Customs vs. Hypermix Feeds Corporation. about quieting of title/removal of the cloud, RTC.
    In case of accion publiciana, also depends on the
     Kapag outside of laws, you can also ask the court assessed value.
    to interpret it, such as will, contracts, deeds. There
    is no breach/violation. The very moment there is  In consolidation of ownership, it is with the RTC.
    breach, forget about declaratory relief. The value of the subject matter is not important.
    The consolidation is by reason of pacto de retro, it
     If there happens a breach during the pendency of pertains to failure to redeem the property.
    declaratory relief, there will be a conversion of the
    case. The action will be converted from the special  In declaratory relief, this is a case wherein the
    civil action to an ordinary civil action. court is not compelled to take an action. It will not
    put to rest the controversy because it is not an
     You come into court not to determine your rights, actual controversy. You have to convince the court
    but as to determine is there provisional. How does that it is right for judicial intervention.
    that provision of the law affect me? No rights are
    suspended, however there is also no remedy that  Basta rule making is involved, Declaratory Relief.
    is why you are asking for an interpretation. But in some cases, under the CONSTITUTION, any
    act of the government or its instrumentality with
     Kapag may violation na, you need relief, not grave abuse of discretion, can be brought to court
    interpretation. and subject to a petition for certiorari that is
    UNDER THE CONSTITUITON, not under rule 65.
     During the interpretation/determination of rights in
    case of a contract, in the meantime, the other party  *Understand the difference of certiorari under rule
    may be enjoined by an injuction to prevent them 65 and certiorari under the constitution. This is
    from not complying with the contract, and for that very tricky.
    reason the contract is extended.
     Under rule 65, you can only file certiorari for any
     Which court has jurisdiction? For the 1st par, it is judicial and quasi-judicial action.
    the RTC.
     There are some decisions that interprets rule or
     The failure to state the true object of the parties, executive order, but it is certiorari. The proper
    in case of contract, should brought about by thing to do is declaratory relief. So basta rule
    mistake. For reformation, the mistake should be making power, it is safe to go with the declaratory
    relief, also for purposes of the bar.

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