This case has been cited 2 times or more.
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2008-12-24 |
TINGA, J. |
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| There are other remedies available to a party who is not agreeable to a decision whether it be a question of law or fact. If it involves a decision of an appellate court, the party may file a motion for reconsideration or new trial in order that the defect may be corrected.[26] In case of ambiguity of the decision, a party may file a motion for a clarificatory judgment.[27] One of the requisites of a declaratory relief is that the issue must be ripe for judicial determination. This means that litigation is inevitable[28] or there is no adequate relief available in any other form or proceeding.[29] | |||||
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2008-12-18 |
NACHURA, J. |
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| Indeed, an action for declaratory relief should be filed by a person interested under a deed, a will, a contract or other written instrument, and whose rights are affected by a statute, an executive order, a regulation or an ordinance. The purpose of the remedy is to interpret or to determine the validity of the written instrument and to seek a judicial declaration of the parties' rights or duties thereunder.[14] For the action to prosper, it must be shown that (1) there is a justiciable controversy; (2) the controversy is between persons whose interests are adverse; (3) the party seeking the relief has a legal interest in the controversy; and (4) the issue is ripe for judicial determination.[15] Suffice it to state that, in the petition filed with the trial court, petitioner failed to allege the ultimate facts which satisfy these requisites. Not only that, as admitted by the petitioner, the provision the interpretation of which is being sought has already been breached by the respondents. Declaratory relief cannot thus be availed of.[16] | |||||