Professional Documents
Culture Documents
Interpleader
1. Conflicting claims
2. Uninterested party or interest undisputed
Rule 63
Declaratory Relief
Aquino v Malay
Since the violation of his rights by the executive Order already happened with the EO’s enforcement and
implementation, then a Petition for declaratory relief is no longer available.
Reyes v Ortiz
In this case, petitioners assailed via Declaratory Relief, the orders of the trial courts denying their motions to
suspend proceedings. This is not allowed as such subject is not those enumerated under Rule 63.
Customs v Hypermix
The requirement for declaratory relief are the following:
(1) There must be a justiciable controversy
(2) The controversy must be between persons whose interests are adverse
(3) The party seeking relief must have a legal interest in the controversy; and
(4) The issues involved are ripe for judicial determination.
After petitioners demanded payment of adjusted rentals and in the months that followed, respondent
complied with the terms and conditions set forth in their contract of lease by paying the rentals stipulated
therein. Respondent religiously fulfilled its obligations to petitioners even during the pendency of the present
suit. There is no showing that respondent committed an act constituting a breach of the subject contract of
lease. Thus, respondent is not barred from instituting before the trial court the petition for declaratory relief.
Rule 64
Review of Judgments of COMELEC and COA
Querubin v COMELEC
This case involves the bidding for the vote counting machines to be used in the elections. Smartmatic won
the bid and the petitioner questioned the validity of the bid. The COMELEC En Banc dismissed the petition
which prompted the petitioner to file an appeal under Rule 64.
Rule 64 does not cover rulings of the COMELEC in the exercise of its administrative powers. It is
limited only to those rendered in the commissions' exercise of adjudicatory or quasi-judicial powers.
Repol v COMELEC
Only final orders of the COMELEC Division may be raised before the COMELEC En Banc.
Bulilan v COA
Succinct is the provision of Article IX-A, Section 7 of the Constitution of the Republic of the Philippines that
decisions, orders or rulings of the Commission on Audit may be brought to the Supreme Court on certiorari
by the aggrieved party within thirty (30) days from receipt of a copy thereof. Rule 65 of the Revised Rules of
Court prescribes such a remedy.
Rule 65
Certiorari, Prohibition, Mandamus
Rule 66
Quo Warranto
Rule 67
Expropriations
Rule 68
Foreclosure of Real Estate Mortgage
Rule 69
Partition
Rule 70
Forcible Entry and Unlawful Detainer
Rule 71
Contempt