Philippine Bar review · Question

Practice question: Declaratory Relief and Similar Remedies (Rule 63)

Multiple Choice Hard

Practice question

A lessee has already committed the very contractual breach in dispute before filing, and seeks only a declaration that it owes no damages for that breach. It invokes section 6 as though the breach occurred during the action. Is that invocation sound?
  1. Yes, section 6 treats every prior breach as subsequent.
  2. No; section 6 concerns breach after filing and before final termination, and declaratory relief ordinarily does not settle liability for an already committed breach of the instrument involved.
  3. Yes, the title of the complaint controls.
  4. Yes, damages can never be sought through an ordinary action.
  5. No, because contracts can never be construed through declaratory relief.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 63 sections 1–6: declaratory relief, similar remedies, notice and conversion.
  • https://lawphil.net/judjuris/juri2025/apr2025/gr_207118_2025.html — Republic and City of Baguio v. Association of Barangay Councils, April 22, 2025, main opinion: breach must relate to the provision construed.

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