PETITION FOR DECLARATORY RELIEF TO DECLARE AS VOID THE CONTRACT-AGREEMENT

Declaratory Relief

One of the legal remedies you will find in the Rules of Court is the special civil action for declaratory
relief.

In particular, it is found in Rule 63 of the Rules and discussed exhaustively in several cases decided
by the Supreme Court.

Declaratory relief

What then is a declaratory relief? In order to have a clear grasp of what this action is all about, we
need to know in general the following: (1) the subject matter of the controversy, (2) the person who
may file it, (3) the court that has jurisdiction over it, (4) the period when it should be filed, (5) the
reliefs sought when filed, and (6) its essential requisites.

Subject matter of the controversy

What must be the subject matter of the controversy in an action for declaratory relief? It must be any
of the following: (a) deed, (b) will, (c) contract or (d) other written instrument, (e) statute, (f)
executive order or regulation, (g) ordinance, or (h) any other governmental regulation.

Person who may file it

Who may file an action for declaratory relief? It may be filed by any person interested 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.

Court that has jurisdiction over it

Which court has jurisdiction over an action for declaratory relief? It is the Regional Trial Court that
has jurisdiction over it.
Period when it should be filed

When should an action for declaratory relief be filed in court? It should be filed before an act deemed
as breach or violation of any of the subject matter stated above is committed.

Reliefs sought when filed

What reliefs do parties seek to obtain when an action for declaratory relief is filed? The reliefs include
asking the court to interpret or determine the validity of any of the subject matter stated above and
to declare their rights or duties under the subject matter in question.

Essential requisites
Of course, we also need to know the essential requisites of an action for declaratory relief, which are
as follows:

First, the subject matter of the controversy must be a deed, will, contract or other written instrument,
statute, executive order or regulation, ordinance, or any other governmental regulation;

Second, the terms of the subject matter in question and/or its validity are doubtful and require
judicial interpretation and/or determination;

Third, there must have been no breach or violation of the subject matter in question;

Fourth, there must be a justiciable controversy;

Fifth, the controversy must be between persons whose interests are adverse;

Sixth, the party seeking declaratory relief must have a legal interest in the controversy;

Seventh, the issue involved must be ripe for judicial determination; and,

Eight, adequate relief is not available through other means or other forms of action or proceeding.

Why do we also need to know these requisites? It is because, even if only one is lacking, the court will
deny the action.

[References: Rule 63 of the Rules of Court, Brother Mariano “Mike” Z. Velarde vs. Social Justice
Society, G.R. No. 159357, April 28, 2004, Vivencio V. Jumamil vs. Jose J. Cafe, et. al., G.R. No. 144570,
September 21, 2005, Carmen Danao Malana, et. al. vs. Benigno Tappa, et. al., G.R. No. 181303,
September 17, 2009, Honesto V. Ferrer, Jr. et. al. vs. Mayor Sulpicio S. Roco, et. al., G.R. 174129, July
5, 2010, Commissioner of Customs, et. al. vs. Hypermix Feeds Corporation, G.R. No. 179579, February
1, 2012, Jerbert B. Galicto vs. H.E. President Benigno Simeon C. Aquino III, et. al., G.R. No. 193978,
February 28, 2012, Republic of the Philippines, represented by the Executive Secretary, et. al. vs.
Herminio Harry Roque, et. al., G.R. No. 202603, September 24, 2013, Crisostomo B. Aquino vs.
Municipality of Aklan, et. al., G.R. 211356, September 29, 2014, City of Lapu-Lapu vs. Philippine
Economic Zone Authority, G.R. No. 184203, November 26, 2014/Province of Bataan, et. al. vs.
Philippine Economic Zone Authority, G.R. No. 187583, November 26, 2014, and Secretary of Finance,
et. al. vs. Representative Carmelo F. Lazatin, et. al., G.R. No. 210588, November 29, 2016]
ACTUAL JUSTICIABLE CONTROVERSY
The concept describes a state of facts indicating imminent and inevitable litigation provided that the
issue is not settled and stabilized by tranquilizing declaration.
(i.e. demonstrate how the City Government and its constituents are left to sustain or are in immediate
danger to sustain some direct injury as a result of the enforcement of the contract;
There must be a particular, real or imminent threat to the plaintiff)
Republic , et al. vs. Harry Roque, et al., G.R. No. 204603, September 24, 2013

An actual case or controversy is one that involves a conflict of legal rights, an assertion of opposite
legal claims susceptible of judicial resolution; the case must not be moot or academic or based on
extra-legal or other similar considerations not cognizable by a court of justice. Stated otherwise, it is
not the mere existence of a conflict or controversy that will authorize the exercise by the courts of its
power of review; more importantly, the issue involved must be susceptible of judicial determination.
(Garcia vs. Executive Secretary, G.R. No. 157584, April 2, 2009 EN BANC)

RIPE FOR ADJUDICATION

It is well-settled that a question is ripe for adjudication when the act being challenged has had a direct
adverse effect on the individual challenging it.
Republic , et al. vs. Harry Roque, et al., G.R. No. 204603, September 24, 2013