This case has been cited 10 times or more.
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2015-08-24 |
CARPIO, J. |
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| In Republic v. Roque,[181] this court enumerated the requisites for a petition for declaratory relief to prosper:Case law states that the following are the requisites for an action for declaratory relief: first, the subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance; second, the terms of said documents and the validity thereof are doubtful and require judicial construction; third, there must have been no breach of the documents in question; fourth, there must be an actual justiciable controversy or the "ripening seeds" of one between persons whose interests are adverse; fifth, the issue must be ripe for judicial determination; and sixth, adequate relief is not available through other means or other forms of action or proceeding.[182] (Emphasis in the original, citation omitted) | |||||
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2015-08-24 |
CARPIO, J. |
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| For a Petition for declaratory relief to prosper, there should be no other adequate relief available to petitioners.[213] "If adequate relief is available through another form of action or proceeding, the other action must be preferred over an action for declaratory relief."[214] | |||||
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2015-04-24 |
CARPIO, J. |
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| In Republic v. Roque,[181] this court enumerated the requisites for a petition for declaratory relief to prosper:Case law states that the following are the requisites for an action for declaratory relief: first, the subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance; second, the terms of said documents and the validity thereof are doubtful and require judicial construction; third, there must have been no breach of the documents in question; fourth, there must be an actual justiciable controversy or the "ripening seeds" of one between persons whose interests are adverse; fifth, the issue must be ripe for judicial determination; and sixth, adequate relief is not available through other means or other forms of action or proceeding.[182] (Emphasis in the original, citation omitted) | |||||
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2015-04-24 |
CARPIO, J. |
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| For a Petition for declaratory relief to prosper, there should be no other adequate relief available to petitioners.[213] "If adequate relief is available through another form of action or proceeding, the other action must be preferred over an action for declaratory relief."[214] | |||||
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2014-11-26 |
LEONEN, J. |
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| A special civil action for declaratory relief is filed for a judicial determination of any question of construction or validity arising from, and for a declaration of rights and duties, under any of the following subject matters: a deed, will, contract or other written instrument, statute, executive order or regulation, ordinance, or any other governmental regulation.[123] However, a declaratory judgment may issue only if there has been "no breach of the documents in question."[124] If the contract or statute subject matter of the action has already been breached, the appropriate ordinary civil action must be filed.[125] If adequate relief is available through another form of action or proceeding, the other action must be preferred over an action for declaratory relief.[126] | |||||
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2014-11-26 |
LEONEN, J. |
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| A special civil action for declaratory relief is filed for a judicial determination of any question of construction or validity arising from, and for a declaration of rights and duties, under any of the following subject matters: a deed, will, contract or other written instrument, statute, executive order or regulation, ordinance, or any other governmental regulation.[123] However, a declaratory judgment may issue only if there has been "no breach of the documents in question."[124] If the contract or statute subject matter of the action has already been breached, the appropriate ordinary civil action must be filed.[125] If adequate relief is available through another form of action or proceeding, the other action must be preferred over an action for declaratory relief.[126] | |||||
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2014-11-26 |
LEONEN, J. |
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| It is also required that the parties to the action for declaratory relief be those whose rights or interests are affected by the contract or statute in question.[133] "There must be an actual justiciable controversy or the 'ripening seeds' of one"[134] between the parties. The issue between the parties "must be ripe for judicial determination."[135] An action for declaratory relief based on theoretical or hypothetical questions cannot be filed for our courts are not advisory courts.[136] | |||||
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2014-11-26 |
LEONEN, J. |
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| In Republic v. Roque,[137] this court dismissed respondents' petition for declaratory relief for lack of justiciable controversy. According to this court, "[the respondents'] fear of prospective prosecution [under the Human Security Act] was solely based on remarks of certain government officials which were addressed to the general public."[138] | |||||
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2014-08-12 |
PERLAS-BERNABE, J. |
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| In this case, the OCA correctly found Leonido guilty of Dishonesty and Gross Misconduct for fraudulently intercepting the subject checks through the use of a falsified authorization letter purportedly signed by Empuesto and keeping such checks in his possession without the complainants' knowledge and authority. The subsequent return of the subject checks to their lawful owners is of no moment as it did not change the unlawful nature of Leonido's acts which is tantamount to stealing. Thievery, no matter how petty, has no place in the judiciary.[17] | |||||
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2014-02-18 |
ABAD, J. |
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| Two constitutional guarantees create these zones of privacy: (a) the right against unreasonable searches[16] and seizures, which is the basis of the right to be let alone, and (b) the right to privacy of communication and correspondence.[17] | |||||