Rule 63 Instance of Baguio.

There is nothing in Section 2 of

Rule 64 of the Rules of Court which says that the non-
Declaratory Relief and Similar Remedies joinder of persons who have or claim any interest
which would be affected by the declaration is a
Meaning of declaratory relief
jurisdictional defect. Said section merely states that
"All persons shall be made parties who have or claim
Declaratory relief is defined as an action by any
any interest which would be affected by the
person interested in a deed, will, contract or other
declaration; and no declaration shall, except or
written instrument, executive order or resolution, to
otherwise provided in these rules, prejudice the rights
determine any question of construction or validity
arising from the instrument, executive order or of persons not parties to the action."
regulation, or statute, and for a declaration of his
This section contemplates a situation where there are
rights and duties thereunder. The only issue that may
other persons who would be affected by the
be raised in such a petition is the question of
declaration, but were not impleaded as necessary
construction or validity of the provisions in an
parties, in which case the declaration shall not
instrument or statute
prejudice them. If at all, the case may be dismissed
not on the ground of lack of jurisdiction but for the
Remedies and who may file petition for declaratory
reason stated in Section 5 of the same Rule stating
relief
that "the Court may refuse to exercise the power to
1. Declaratory relief; declare rights and to construe instruments in any case
where a decision would not terminate the uncertainty
2. An action for: or controversy which gave rise to the action, or any
case where the declaration or construction Is not
(a) the reformation of an instrument; necessary and proper at the time under all
circumstances."
(b) to quiet title to real property or remove clouds
therefrom, In the case at bar, although it is true that any
declaration by the court would affect the squatters,
(c) or to consolidate ownership under Artíicle 1607 of
the latter are not necessary parties because the
the Civil Code, may be brought under this Rule.
question involved is the power of the Municipal
(Section 1, Rule 63)
Council to enact the Ordinances in question. Whether
How initiated or not they are impleaded, any determination of the
controversy would be binding upon the squatters.
By way of filing a petition for declaratory relief and
other similar remedies. A different situation obtains in the case of Degala v.
Reyes cited in the decision under review. The Degala
The parties who may file case involves the validity of created in the will of the
testator. In the said case, the Roman Catholic Church
Those who may file a petition for declaratory relief are: which was a necessary party, being the one which
would be most vitally affected by the declaration of
1. Any person interested under a deed, will, contract the nullity of the will was not brought in as party. The
or other written instrument; Court therefore, refused to make any declaratory
judgment on ground of jurisdictional defect, for there
2. Or whose rights are affected by a statute, executive
can be no final judgment that could be rendered and
order or regulation, ordinance, or any other
the Roman Catholic not being bound by such
governmental regulation. (Section 1, Rule 63)
judgment might raise the identical issue, making
Effect of non-joinder of necessary parties therefore the declaration a mere exercise in futility.

In Baguio Citisens Action Inc. v. The City Council and This is not true in the instant case. A declaration on the
City Mayor of the City of Baguio, G.R. No. L-27247, nullity of the ordinance, would give the squatters no
April 20, 1983, in explaining that the non-joinder of right which they are entitled to protect. The party most
necessary parties is not a jurisdictional defect the interested to sustain and defend the legality of the
Supreme Court ratiocinated the following: Ordinance is the body that passed it, the City Council,
and together with the City Mayor, is already a party in
The non-inclusion of the squatters mentioned in the these proceedings
Ordinance in question as party defendants in this case
cannot defeat the jurisdiction of the Court of First
When and where (jurisdiction) to file Purpose of the petition for declaratory relief

Before breach or violation thereof bring an action in To determine any question of construction or validity
the appropriate Regional Trial Court. (Section 1, Rule arising, and for a declaration of his rights or duties,
63). Under the Judiciary Act of 1980; BP Blg. 129 thereunder (Section 1, Rule 63)
[Section 19 (2), Section 33(3)], as subject matter is
incapable of pecuniary estimation jurisdiction is Requisites of an action for declaratory relief
exclusively conferred to the Regional Trial Court. A
The requisites of an action for declaratory relief are
petition for declaratory relief is an action which is
incapable of pecuniary estimation. Thus, the exclusive
1) the subject matter of the çontroversy must be a
and original jurisdiction is with the Regional Trial Court.
deed, contract or other written instrument, statute, an
executive order or regulation, or an ordinance;
Distinction between the first and the second
paragraphs of Section 1, Rule 63 2) the terms of said documents and the validity
thereof are doubtful and require judicial construction;
In holding that the RTC correctly made a distinction
between the first and the second paragraphs of
3) there must have been no breach of the documents
Section 1, Rule 63 of the Rules of Court, the Supreme
in question;
Court held in Malana v. Tappa, G.R. 181303,
September 17, 2009 as follows: 4) there must be an actual justiciable controversy or
the "ripening seeds" of one between persons whose
The first paragraph of Section 1, Rule 63 of the Rules of
interests are adverse;
Court, describes the general circumstances in which a
person may file a petition for declaratory relief, to wit: 5) the issue must be ripe for judicial determination;
and case
Any person interested under a deed, will, contract or
other written instrument, or whose ríghts are affected 6) the adequate relief is not available through other
by a statute, executive order or regulation, ordinance, means or other forms of action or proceeding.
or any other governmental regulation may, before
breach or violation thereof, bring an action in the Subject matter to be inquired upon in a declaratory
appropriate Regional Trial Court to determine any relief
question of construction or or duties, validity arising
and for a declaration of his rights, thereunder Section 1. Deed
1, Rule 63 of the Rules of Court further provides in its
2. Will
second paragraph that:
3. Contract or other written instrument
An action for the reformation of an instrument, to
quiet title to real property or remove clouds therefrom, 4. Statute
or to consolidate ownership under Article 1607 of the
Civil Code, may be brought under this Rule. 5. Executive order or regulation

The second paragraph of Section 1, Rule 63 of the 6. Any government regulation

Rules of Court specifically refers to (1) an action for
the reformation of an instrument, recognized under The enumeration is exclusive
Articles 1359 to 1369 of the Civil Code; (2) an action to
quiet title, authorized by Articles 476 to 481 of the Civil Under the doctrine of primary administrative
Code; and (3) an action to consolidate ownership jurisdiction, courts cannot or will not determine a
required by Article 1607 of the Civil Code in a sale with controversy where the issues for resolution demand
a right to repurchase. These three remedies are the exercise of sound administrative discretion
considered similar to declaratory relief because they requiring the special knowledge, experience, and
also result in the adjudication of the legal rights of the services of the administrative tribunal to determine
litigants, often without the need of execution to carry technical and intricate matters of fact. In other words,
the judgement into effect 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 courts
Justiciable controversy over petitions for certiorari, prohibition, mandamus,
quo warranto, and habeas corpus.
Pertinently, a justiciable controversy refers to an
existing case or controversy that is appropriate or ripe (2) Review, revise, reverse, modify, or affirm on appeal
for judicial determination, not one that is conjectural or certiorari as the law or the Rules of Court may
or merely anticipatory. provide, final judgments and orders of lower courts in:

Effect of absence of justiciable controversy (a) All cases in which the constitutionality or validity of
any treaty, international or executive agreement, law
Without any justiciable controversy, the petitions have presídential decree, proclamation, order, instruction,
become pleas for declaratory relief, over which Court ordinance, or regulation is in question.
has no original jurisdiction
As such, this petition must necessar[ily] fail, as this
Effect where the law or contract has already been Court does not have original jurisdiction over a
contravened petition for declaratory relief even if only questions of
law are involved.
Where the law or contract has already been
contravened prior to the filing of an action for Similar remedies
declaratory relief, the courts can no longer assume
jurisdiction over the action On reformation of instrument

Action for declaratory relief after breach of contract or In Bentir v. Leanda, G.R. No. 128991, April 12, 2000, in
statute is objectionable holding that the remedy of reformation of an
instrument is grounded on the principle of equity the
Purpose of declaratory relief and may be entertained Supreme Court said:
only before breach
The remedy of reformation of an instrument is
Where the law or contract has already been grounded on the principle of equity where, in order to
contravened prior to the filing of an action for express the true intention of the contracting parties,
declaratory relief, the court can no longer assume an instrument already executed is allowed by law to
jurisdiction over the action. Under such circumstances, be reformed. The right of reformation is necessarily an
inasmuch as a cause of action has already accrued in invasion or limitation of the parol evidence rule since,
favor of one or the other party, there is nothing more when a writing is reformed, the result is that an oral
for the court to explain or clarify, short of a judgment argument is by court decree made legally effective
or final order.
Reformation of instrument distinguished with
Third-party complaint is not proper when the main annulment of contract
case is declaratory relief
The action for reformation of instrument should not be
In a third-party complaint, the defendant or third- confused with the action for annulment of contract.
party plaintiff is supposed to seek contribution, Reformation of instrument presupposes a valid, existing
indemnity, subrogation or any other relief from the contract, in which there had been a meeting of the
third-party defendant in respect to the claim of the minds of the parties but the instrument drawn up and
plaintiff against him signed by them does not correctly express the terms of
their agreement. Annulment of a contract, on the
Petition for authority to remarry is a petition for
other hand, presupposes a defective contract in
declaratory relief
which the minds of the parties did not meet, or the
consent of one was vitiated. The equity of reformation
Declaratory relief is the remedy to question acts which
is ordínarily limited to written agreements, and its
are not judicial or quasi judicial
purpose is to establish and perpetuate the true
SC appellate jurisdiction on action for declaratory agreement; annulment, on the other hand, is intended
relief Section 5, Artícle VIII of the Constitution provides: to declare the inefficiency which the contract already
carries in itself and to render the contract
Sec. 5. The Supreme Court shall have the following inefficacious.
powers:
Requisites of reformation
1. Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and In order that an action for reformation of instrument
may prosper, the following requisites must concur:
(1) there must have been a meeting of the minds of 3. When a mutual mistake of the parties causes the
the parties to the contract; failure of the instrument to disclose their real
agreement, said instrument may be reformed. (Article
(2) the instrument does not express the true intention 1361, Civil Code)
of the partíes; and
4. If one party was mistaken and the other acted
(3) the failure of the instrument to express the true fraudulently or inequitably in such a way that the
intention of the parties is due to mistake, fraud, instrument does not show their true intention, the
inequitable conduct or accident former may ask for the reformation of the instrument.
(Article 1362, Civil Code)
On whose instance reformation may be ordered
5. When one party was mistaken and the other knew
Reformation may be ordered at the instance of:
or believed that the instrument did not state their real
agreement, but concealed that fact from the former,
1. Either party or his successors in interest, if the
the instrument may be reformed. (Article 1363, Civil
mistake was mutual;
Code)
2. Otherwise, upon petition of the injured party, or his
6. When through the ignorance, lack of skill,
heirs and assigns. (Article 1368, Civil Code)
negligence or bad faith on the part of the person
When reformation is not proper drafting the instrument or of the clerk or typist, the
instrument does not express the true intention of the
Under Article 1366 and 1367 of the Civil Code, there parties, the courts may order that the instrument be
shall be no reformation in the following cases: reformed. (Article 1364, Civil Code)

(1) Simple donations inter vivos wherein no condition 7. If two parties agree upon the mortgage or pledge
is imposed; of real or personal property, but the instrument states
that the property is sold absolutely or with a right of
(2) Wills; repurchase, reformation of the instrument is proper.
(Article 1365, Civil Code)
(3) When the real agreement is void. (Article 1366, Civil
Code) 8. There shall be no reformation in the following cases:

(4) When one of the parties has brought an action to (1) Simple donations inter vivos wherein no condition is
enforce the instrument, he cannot subsequently ask imposed;
for its reformation. (Article 1367, Civil Code)
(2) Wills;
Substantive law on reformation
(3) When the real agreement is void. (Article 1366, Civil
The following are the substantive law regarding Code)
reformation:
9. When one of the parties has brought an action to
1. When, there having been a meeting of the minds of enforce the instrument, he cannot subsequently ask
the parties to a contract, their true intention is not for its reformation. (Article 1367, Civil Code)
expressed in the instrument purporting to embody the
agreement, by reason of mistake, fraud, inequitable 10. Reformation may be ordered at the instance of
conduct or accident, one of the parties may ask for either party or his successors in interest, if the mistake
the reformation of the instrument to the end that such was mutual; otherwise, upon petition of the injured
true intention may be expressed. party, or his heirs and assigns. (Article 1368, Civil Code)

If mistake, fraud, inequitable conduct, or accident has 11. The procedure for the reformation of instrument
prevented a meeting of the minds of the parties, the shall be governed by rules of court to be promulgated
proper remedy is not reformation of the instrument but by the Supreme Court. (Article 1369, Civil Code)
annulment of the contract. (Article 1359, Civil Code)
Quieting of Title
2. The principles of the general law on the reformation
of instruments are hereby adopted insofar as they are Quieting of title is a common law remedy for the
not in conflict with the provisions of this Code. (Article removal of any cloud upon, doubt, or uncertainty
1360, Civil Code) affecting title to real property. Whenever there is a
cloud on title to real property or any interest in real
property by reason of any instrument, record, claim, terminated, or has been barred by extinctive
encumbrance, or proceeding that is apparently valid prescription. (Article 478, Civil Code)
or effective, but is, in truth and in fact, invalid,
ineffective, voidable, or unenforceable, and may be 4. The plaintiff must return to the defendant all benefits
prejudicial to said title, an action may be brought to he may have received from the latter, or reimburse
remove such cloud or the competent court is tasked him for expenses that may have redounded to the
to determine the respective rights of the complainant plaintiffs benefit. (Article 479, Civil Code)
and the other claimants, not only to place things in
5. The principles of the general law on the quieting of
their proper places, and make the claimant, who has
title are hereby adopted insofar as they are not in
no rights to said immovable, respect and not disturb
conflict with this Code. (Article 480, Civil Code)
the one so entitled, but also for the benefit of both, so
that whoever has the right will see every cloud of
6. The procedure for the quieting of title or the
doubt over the property dissipated, and he can
removal of a cloud therefrom shall be governed by
thereafter fearlessly introduce any desired
such rules of court as the Supreme Court shall
improvements, as well as use, and even abuse the
promulgated. (Article 481, Civil Code)
property. (Heirs of Toring v. Heirs of Boquilaga, G.R. No.
163610, September 27, 2010, p. 11) Consolidation of ownership and effect of non-
compliance with Article 1607
Requisites of quieting of title
In Crus v. Leis, G.R. No. 125233, March 9, 2000, the
In order that an action for quieting of title may
Supreme Court explained the effect of non-
prosper, two requisites must concur: compliance with Article 1607 which requires a judicial
hearing before registration of the property in the
(1) the plaintiff or complainant has a legal or
name of the vendee a retro as follows:
equitable title or interest in the real property subject of
the action; and
ART. 1607. In case of real property, the consolidation
of ownership in the vendee by virtue of the failure of
(2) the deed, claim, encumbrance, or proceeding
the vendor to comply with the provisions of article
claimed to be casting cloud on his title must be shown
1616 shall not be recorded in the Registry of Property
to be in fact invalid or inoperative despite its prima
without a judicial order, after the vendor has been
facie appearance of validity or legal efficacy.
duly heard.
Substantive law on quieting of title
The essence of a pacto de retro sale is that title and
The following are the substantive law on quieting of ownership of the property sold are immediately vested
title: in the vendee a retro, subject to the resolutory
condition of repurchase by the vendor a retro within
1. Whenever there is a cloud on title to real property or the stipulated period. Failure thus of the vendor a retro
any interest therein, by reason of any instrument, to perform said resolutory condition vests upon the
record, claim, encumbrance or proceeding which is vendee by operation of law absolute title and
apparently valid or effective but is in truth and in fact ownership over the property sold. As title is already
invalid, ineffective, voidable, or unenforceable, and vested in the vendee a retro, his failure to consolidate
may be prejudicial to said title, an action may be his title under Article 1607 of the Civil Code does not
brought to remove such cloud or to quiet the title. impair such title or ownership for the method
prescribed thereunder is merely for the purpose of
An action may also be brought to prevent a cloud registering the consolidated title. (De Guzman, Jr. vs.
from being cast upon title to real property or any Court of Appeals, 156 SCRA 701 (1987). See also De
interest therein. (Article 476, Civil Code) Bayquen vs. Balaoro, 143 SCRA 412 [1986])

2. The plaintiff must have legal or equitable title to, or Hearing is required in judicial confirmation of
interest in the real property which is the subject matter foreclosure sale
of the action. He need not be in possession of said
property. (Article 477, Civil Code) Substantive law on consolidation of ownership

3. There may also be an action to quiet title or remove The following are the substantive law on consolidation
a cloud therefrom when the contract, instrument or of ownership:
other obligation has been extinguished or has
1. In case of real property, the consolidation of
ownership in the vendee byvirtue of the failure of the
vendor to comply with the provisions of article 1616 2. in any case where the declaration or construction is
shall not be recorded in the Registry of Property not necessary and proper under the circumstances.
without a judicial order after the vendor has been duly (Section 5, Rule 9)
heard
Exceptions to the rule where court action is
2. The vendor cannot avail himself of the right of discretionary
repurchase without returning to the vendee the price
of the sale, and in addítion: Except in actions involving the reformation of an
instrument, to quiet title to real property or remove
(1) The expense of the contract, and any other cloud therefrom, or to consolidate ownership under
legitimate payments made by reason of the same; Article 1607 of the Civil Code. (Section 5, Rule 63)

(2) The necessary and useful expenses made on the Conversion into ordinary action
thing sold. (Article 1616, Civil Code)
Declaratory relief converted to ordinary action
Notice on Solicitor General
The action for declaratory relief may be converted
When to notify the Solicitor General into an ordinary action if before the final termination
of the case, a breach or violation of an instrument or
In any action which involves the validity of a statue, a statute, executive order or regulation, ordinance, or
executive order or regulation, or any other any other governmental regulation should take place.
governmental regulation. (Section 3, Rule 63) (Section 6, Rule 63)

Who shall notify the Solicitor General How converted

The party assailing the validity of a statute, executive The parties shall be allowed to file such pleadings as
order or regulation, or any other governmental may be necessary or proper. (Section 6, Rule 63)
regulation and shall be entitled to be heard upon
such question. (Rule 63, Section 3)

Local government ordinances

When to notify the prosecutor or attorney for the local

government

In any action involving the validity of a local

government ordinance, the corresponding prosecutor
attorney of the local governmental unit involved shall
be similarly notified and entitled to be heard. (Section
4, Rule)

When to notify the Solicitor General

If such ordinance is alleged to be unconstitutional, the

Solicitor General shall also be notified and entitled to
be heard. (Section 4, Rule 63)

Court action discretionary

When court action discretionary

The court, motu 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 gave rise to the
action; or