Special Civil Actions

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. (1a, R64)

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. (2a, R64)

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. (3a,
R64)

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. (4a, R64)

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. (5a, R64)

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. (6a,
R64)