#declaratory relief

Court Orders Or Decisions Cannot Be The Subject Matter Of Declaratory Relief.⁠ They Are Not Included Within The Purview Of The Words “Other Written Instrument.”⁠ The Same Principle Applies To Orders, Resolutions, Or Decisions Of Quasi-Judicial Bodies…

  The Case:

Upon complaint by one Felicitas Domingo against Bgy. Captain Raul Gatuz, the Office of the Ombudsman imposed a three-month suspension for Dishonesty and Abuse of Authority against Gatuz.  The OMB then indorsed its decision to the Secretary of the Department of Interior and Local Government for immediate implementation.  Gatuz meanwhile filed a motion for reconsideration of the OMB…

Declaratory Relief Is Not Proper Where There Is Serious Doubt That An Actual Justiciable Controversy Or The “Ripening Seeds” Of One Exists in A Case…

The Facts: The petitioners filed a petition for declaration relief to assail the following provisions of Republic Act 9372, the Human Security Act of 2007:  a) Section 3, for being void for vagueness; b) Section 7,  for violating the right to privacy of communication and due process and the privileged nature of priest-penitent relationships; c) Section 18,  for violating due process, the…

Bernhard Law Firm PLLC – http://www.bernhardlawfirm.com

Disputes often arise over certain rights, status, and other equitable or legal relations. Businesspersons disagree on the meaning of a contract provision during performance. Insurance companies refuse to defend a pending lawsuit. Homeowners disagree on the boundaries of their properties during construction. These circumstances leave Floridia…

Failure To Exhaust Administrative Remedies Will Not Entitle Applicant For Declaratory Relief…

Edelina, formerly married to Yuchiro, was divorced by the latter in accordance with Japanese law. In her belief that the divorce decree which was annotated before the Civil Registry of Manila entitled her to marry another, she married Masatomi Ando, another Japanese national. After her marriage, she applied for a Philippine passport before the Department of Foreign Affairs using her new married…

Certiorari: Nature Of The Act To Be Performed Determines Whether Act An Exercise of Quasi-Judicial Functions…

The Municipal Mayor of Aklan issued Executive Order 10, to close and demolish the Boracay West Cove Hotel. The antecedents of the case reveal that Crisostomo, the president and CEO of Boracay Island West Cove Management Philippines, Inc applied for a zoning compliance to build a three-storey hotel with the municipal government, which the Municipal Zoning Administrator denied because the…