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  • G.R. NO. 174129, July 5, 2010. Honesto Ferrer, Jr. vs. Mayor Sulpicio Roco, Jr. and Sangguniang Panglungsod of Naga

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    1) Declaratory relief requires that there be a justiciable controversy regarding the construction or validity of a deed, will, contract, statute, or other written instrument. There must be doubt about the terms or validity that require judicial interpretation. 2) For an action for declaratory relief to be allowed, there must be no breach of the document in question, an actual controversy between adverse parties whose issue is ripe for determination, and no adequate relief available through other means. 3) In this case, the issue raised was not yet ripe as the local government had only endorsed the application to the appropriate regulatory body and not made a final decision. Under the doctrine of primary jurisdiction, courts will not determine an

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    31 May AM Remedial Law

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    31 May AM Remedial Law

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    1) Declaratory relief requires that there be a justiciable controversy regarding the construction or validity of a deed, will, contract, statute, or other written instrument. There must be doubt about the terms or validity that require judicial interpretation. 2) For an action for declaratory relief to be allowed, there must be no breach of the document in question, an actual controversy between adverse parties whose issue is ripe for determination, and no adequate relief available through other means. 3) In this case, the issue raised was not yet ripe as the local government had only endorsed the application to the appropriate regulatory body and not made a final decision. Under the doctrine of primary jurisdiction, courts will not determine an

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    42 views1 page

    G.R. NO. 174129, July 5, 2010. Honesto Ferrer, Jr. vs. Mayor Sulpicio Roco, Jr. and Sangguniang Panglungsod of Naga

    Uploaded by

    gsvgsv
    1) Declaratory relief requires that there be a justiciable controversy regarding the construction or validity of a deed, will, contract, statute, or other written instrument. There must be doubt about the terms or validity that require judicial interpretation. 2) For an action for declaratory relief to be allowed, there must be no breach of the document in question, an actual controversy between adverse parties whose issue is ripe for determination, and no adequate relief available through other means. 3) In this case, the issue raised was not yet ripe as the local government had only endorsed the application to the appropriate regulatory body and not made a final decision. Under the doctrine of primary jurisdiction, courts will not determine an

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    of 1

    DAY 5 – 31 MAY 2019 – AM

    REMEDIAL LAW
    Special Civil Action

    Declaratory Relief – Requisites


    Doctrine of Primary Jurisdiction

    G.R. NO. 174129, July 5, 2010.


    Honesto Ferrer, Jr. vs. Mayor Sulpicio Roco, Jr. and Sangguniang Panglungsod of Naga

    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.

    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.

    In this case, the issue raised by petitioners is clearly not yet ripe for judicial
    determination. Nowhere in the assailed resolutions and ordinance does it show that the public
    respondents acted on private respondent’s application with finality. What appears therefrom is
    that the application of private respondent for development permit has been endorsed to the
    Housing and Land Use Regulatory Board (HLURB) for appropriate action, the latter being the
    sole regulatory body for housing and land development.

    Under the doctrine of primary administrative jurisdiction, courts cannot or will not
    determine a controversy where the issues for resolution demand the exercise of sound
    administrative discretion requiring the special knowledge, experience, and services of the
    administrative tribunal to determine technical and intricate matters of fact. In other words, if a
    case is such that its determination requires the expertise, specialized training and knowledge of
    an administrative body, relief must first be obtained in an administrative proceeding before
    resort to the courts is had even if the matter may well be within their proper jurisdiction.

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