Petition for Declaratory Relief

Ombudsman vs. Ibay

G. R. No. 137538. September 3, 2001

FACTS:
The Ombudsman conducted an investigation on the alleged “scam” on the Public Estates Authority-Amari
Coastal Bay Development Corporation. Petitioner directed Lourdes Marquez, the branch manager of Union
Bank Pasig, to produce account application forms, signature cards, bank statements, manager’s checks and
check microfilms and other documents relative to certain accounts for in camera inspection. Marquez and
Union Bank refused to comply with the order and filed a petition for declaratory relief with
TRO/preliminary injunction before the RTC invoking the Law on Secrecy of Bank Deposits. The
Ombusman moved to dismiss the petition for lack of jurisdiction. Respondent Judge Ibay denied the motion
to dismiss.
Issue: Whether or not the RTC has jurisdiction over the petition for declaratory relief.
Yes. The special civil action of declaratory relief falls under the exclusive jurisdiction of the RTC under
Section 1 of Rule 63. It is not among the actions within the original jurisdiction of the Supreme Court even
if only questions of law are involved.
In the case at bar, the requisites of an action for declaratory relief are present. The interests of the parties
are adverse considering the antagonistic assertion of a legal right on one hand, that is, the power of the
Ombudsman to examine bank deposits, and on the other, the denial thereof by respondent who refused the
inspection of certain bank accounts. The party seeking relief asserts a legal interest in the controversy. The
issue invoked is ripe for judicial determination as litigation is inevitable.
Therefore, the RTC properly took cognizance of the case.