Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

An association seeks construction of a statutory grant before any breach of that provision. Officials oppose the action solely because earlier conduct was alleged to violate a different law; neither validity nor effects of that alleged violation are issues in the petition. Is the earlier allegation alone a conclusive pre-breach bar?
  1. Yes, any alleged violation of any law bars declaratory relief.
  2. Yes, even if wholly unrelated.
  3. No; the inquiry concerns breach of the instrument or provision being construed, as explained in Republic v. Association of Barangay Councils.
  4. No, because declaratory relief never has a pre-breach requirement.
  5. Yes, unless all officials consent.

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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