Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A proper quieting-of-title action falls within Section1’s second paragraph. The court relies solely on the ordinary Section5 declaratory-discretion ground to refuse it. Counsel points to the paragraph’s exception. Which is correct?
  1. The express exception must be considered; that general ground is not automatically available in the same way
  2. Every Rule63 action is identical under Section5
  3. Quieting is expressly excluded from the second paragraph
  4. Only the plaintiff’s preferred outcome matters
  5. The exception automatically proves title

Legal references

  • Rules1 and62–70, special civil actions and specific procedural provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 amendments AM19-10-20-SC, retained special civil action provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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