Rule 63

Declaratory Relief and Similar Remedies

Section 1. Who may file petition - 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 may, before breach or violation thereof bring an action in the appropriate Regional
Trial Court to determine any question of construction or validity arising, and for a declaration of his rights or
duties, thereunder. (Bar Matter No. 803, 17 February 1998)

An action for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to
consolidate ownership under Article 1607 of the Civil Code, may be brought under this Rule.

Section 2. Parties. — All persons who have or claim any interest which would be affected by the declaration
shall be made parties; and no declaration shall, except as otherwise provided in these Rules, prejudice the rights
of persons not parties to the action.

Section 3. Notice on Solicitor General. — In any action which involves the validity of a statute, executive order
or regulation, or any other governmental regulation, the Solicitor General shall be notified by the party assailing
the same and shall be entitled to be heard upon such question.

Section 4. Local government ordinances. — In any action involving the validity of a local government
ordinance, the corresponding prosecutor or attorney of the local governmental unit involved shall be similarly
notified and entitled to be heard. If such ordinance is alleged to be unconstitutional, the Solicitor General shall
also be notified and entitled to be heard.

Section 5. Court action discretionary. — Except in actions falling under the second paragraph of section 1 of this
Rule, the court, motu proprio or upon motion, may refuse to exercise the power to declare rights and to
construe instruments in any case where a decision would not terminate the uncertainty or controversy which
gave rise to the action, or in any case where the declaration or construction is not necessary and proper under
the circumstances.

Section 6. Conversion into ordinary action. — If before the final termination of the case, a breach or violation of
an instrument or a statute, executive order or regulation, ordinance, or any other governmental regulation
should take place, the action may thereupon be converted into an ordinary action, and the parties shall be
allowed to file such pleadings as may be necessary or proper. (Rule 63, Rules of Court)

Types of Actions:

Rule 63 covers two types of actions:

(a) petition for declaratory relief, and

(b) similar remedies.

The similar remedies are:

(a) action for reformation of an instrument;

(b) action to quiet title; and
(c) action to consolidate ownership, under Article 1607 of the Civil Code.

DECLARATORY RELIEF

What is the subject matter in a petition for declaratory relief?

The subject matter in a petition for declaratory relief is any of the following:
1. a deed;
2. a will;
3. a contract or other written instrument;
4. a statute;
5. an executive order or regulation;
6. an ordinance; or
 7. any other governmental regulation (Sec. 1, Rule 63, Rules of Court).

●The enumeration of the subject matter is exclusive. Hence, an action not based on any of the enumerated
subject matters cannot be the proper subject of declaratory relief.

● An action for declaratory relief to ask the court to declare his filiation and consequently his hereditary
rights is improper. The action is not based on a deed, a will, statute or any of those enumerated as the subject
matter of the petition

●An action for declaratory relief to seek judicial declaration of citizenship to correct a previous unilateral
registration by petitioner as an alien is improper, the action not being founded on a deed, contract or any
ordinance (Obiles vs. Republic, 92 Phil. 864). An action for declaratory relief is not proper to resolve doubts
concerning one's citizenship.

● A petition for declaratory relief is not proper for the purpose of seeking enlightenment as to the true import
of a judgment. The remedy is to move for a clarificatory judgment.

● A petition for declaratory relief is not proper to assail a judgment. A party could appeal and employ other
remedies under the Rules of Court before or after the judgment has become final and executor.

● Even if the subject is one enumerated under the Rules, where the contract or statute is clear in its terms and
there is no doubt as to its meaning and validity, a petition for declaratory relief is improper. There would be no
need for construction or a declaration of rights thereunder.

Who may file a petition for declaratory relief?

1. Any person interested under a deed, will, contract or other written instrument or

Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and
obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law.
The heir is not liable beyond the value of the property he received from the decedent.

If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he
communicated his acceptance to the obligor before its revocation. A mere incidental benefit or interest of a person
is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person.

2. Any person whose rights are affected by a statute, executive order or regulation, ordinance or other
governmental regulation

may before breach or violation thereof, bring an action in the RTC to determine any question of construction
or validity arising and for a declaration of his rights or duties, thereunder (Sec 1, Rule 63).

Who shall be made parties to the action?

1. All persons who have or claim any interest which would be affected by the declaration shall be made
parties; and no declaration shall, except as otherwise provided in the Rules, prejudice the rights of persons
not parties to the action. (Sec 2, Rule 63).

2. In any action which involves the validity of a statute, executive order or regulation, or any other
governmental regulation, the Solicitor General shall be notified by the party assailing the same and shall be
entitled to be heard upon such question. (Sec 3, Rule 63).

3. In any action involving the validity of a local government ordinance, the corresponding prosecutor or
attorney of the local governmental unit involved shall be similarly notified and entitled to be heard. If such
ordinance is alleged to be unconstitutional, the Solicitor General shall also be notified and entitled to be
heard. (Sec 4, Rule 63).

What court has jurisdiction over declaratory relief?

The subject matter of a petition for declaratory relief raises issues which are not capable of pecuniary
estimation and must be filed with the appopriate Regional Trial Court (Sec. 19[11, BP 129; Sec. 1, Rule 63). It
would be error to file the petition with the Supreme Court which has no original jurisdiction to entertain a
petition for declaratory relief.
When should a petition for declaratory relief be filed?

The petition for declaratory relief should be filed before there occurs any breach or violation of the deed,
contract, statute, ordinance or executive order or regulation. (Sec 1, Rule 63) It will not prosper when brought
after a contract or a statute has already been breached or violated.

What is the appropriate remedy if there has already been a breach?

● If there has already been a breach, the appropriate ordinary civil action, not declaratory relief, should be
filed.

● Where the law or contract has already been contravened prior to the filing of an action for declaratory relief,
the courts can no longer assume jurisdiction over the action. In other words, a court has no more jurisdiction
over an action for declaratory relief if its subject has already been infringed or transgressed before the
institution of the action (Malana vs. Tappa, G.R. No. 181303, September 17, 2009). Under such circumstances,
inasmuch as a cause of action has already accrued in favor of one or the other party, there is nothing more
for the court to explain or clarify short of a judgment or final order.

Will the action for declaratory relief be dismissed if the breach occurs after the action has been constituted
and during the its pendency?

When the breach occurs not before the filing of the petition for declaratory relief but after the action has been
constituted and during its pendency, the action is not to be dismissed but may be converted into an ordinary
action and the parties shall be allowed to file such pleadings as may be necessary or proper (Sec 1, Rule 63).

What are the requisites of an action for declaratory relief ?

The requisites of an action for declaratory relief are:

1. The subject matter must be a deed, will, contract or other written instrument, statute, executive order
or regulation or ordinance;
2. The terms of said document or the validity thereof are doubtful and require judicial construction;
3. There must have been no breach of said document;
4. There must be actual justiciable controversy or the "ripening seeds" of one between persons whose
interests are adverse;
5. The issue must be ripe for judicial determination [e.g. administrative remedies already exhausted]; and
6. Adequate relief is not available thru other means or other forms of action or proceedings. (Regalado,
Remedial Law Compendium, Vol. 1)

What is the purpose of the petition?

● An action for declaratory relief is brought to secure an authoritative statement of the rights and obligations
of the parties under a contract or a statute for their guidance in the enforcement or compliance with the
same.

● The purpose of the petition is to ask the court to determine any question of construction or validity arising
from the subject matter, and for the declaration of rights and duties therein (Sec. 1, Rule 63, Rules of Court).
Thus, the purpose is to seek for a judicial interpretation of an instrument or for a judicial declaration of a
person's rights under a statute and not to ask for affirmative reliefs like injunction, damages or any other
relief beyond the purpose of the petition as declared under the Rules. It is not brought to settle issues arising
from a breach because after the breach of the contract or statute, the petition can no longer be brought.

● It has been held that in an action for declaratory relief, the question raised is a question of "construction" or
"validity" arising under an instrument or statute. The object is to terminate uncertainties in an instrument or
statute and the judgment of the court cannot extend beyond a declaration of the rights and duties of the
parties to the action and cannot provide corrective reliefs.

● It is the absence of allegations seeking material or affirmative reliefs in a petition for declaratory relief that
it has been held that when the main case is for declaratory relief, a third-party complaint is inconceivable. The
relief sought in this kind of pleading is contribution, indemnity, subrogation or other relief from the third-party
defendant in respect of the claim of the plaintiff against him. Accordingly, this relief cannot be granted
because in a declaratory relief, the court is merely interpreting the terms of the contract. It has also been held
however, that a petition for declaratory relief may entertain a compulsory counterclaim as long as it is based
on or arising from the same transaction, subject mater of the petition.