Declaratory relief - should be filed by a person interested under a deed, a will, a contract or other written instrument, and whose rights are affected by a statute, an executive order, a regulation or an ordinance. The purpose of the remedy is to interpret or to determine the validity of the written instrument and to seek a judicial declaration of the parties’ rights or duties thereunder.

The essential requisites of the action are as follows: (1) there is a justiciable controversy; (2) the controversy is between persons whose interests are adverse; (3) the party seeking the relief has a legal interest in the controversy; and (4) the issue is ripe for judicial determination.17

Justiciable Controversy - refers to an existing case or controversy that is appropriate or ripe for judicial determination, not one that is conjectural or merely anticipatory.

Legal Standing/Locus Standi – personal or substantial interest such that the party has sustained or will sustain direct injury as a result of an act.

Relief – specific coercive measure prayed for as a result of a violation of the right of a plaintiff or petitioner.

Cause of Action - is an act or an omission of one party in violation of the legal right or rights of another, causing injury to the latter. Failure of complaint to state cause of action is ground for outright dismissal.

Its essential elements are the following: (1) a right in favor of the plaintiff; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) such defendant’s act or omission that is violative of the right of the plaintiff or constituting a breach of the obligation of the former to the latter.

Essential Parts of A Good Decision:

1. Statement of the case
2. Statement of the facts
3. Issues or Assignments of Errors
4. Court’s ruling
5. Dispositive portion

Proper Proceedings Before the Trial Court:1.  Dismissal of cases without allegations:

F: Respondent judge issued an order for a writ of execution of absolute sale to the petitioner in favor of the plaintiff but herein petitioner contested the decision asserting that the decision that should be executed is the one stated in the decretal or dispositive portion of the case.

I: WON judgment can only be found in the decretal portion of the decision.

R: Ordinarily, the decision of the case is found in the dispositive portion but there are instances that the ruling is embodied in other parts of the case as the writing style of the ponente will vary and is personal in nature. The court cannot implement a stringent rule as to how the ponente may write a decision as long as they do not violate the Rules of Court.

F: Respondent filed an ejectment case against petitioner for refusal to pay the increased rental of their lot. Petitioner filed motion to dismiss which was denied by the court ordering suspension of the proceeding for 2 years. Upon issuance of court of the date to set the hearing, the petitioner files a motion for reconsideration which was denied by the court. Thus they file motion for certiorari and prohibition before the CFI. Responded argued that such motion is improper since the court merely issued an interlocutory order and cannot be subjected for review by certiorari and asserts that the case should be heard.

I: WON there is merit for filing petition for certiorari in this case

R: No, there is no merit for filing a motion for certiorari in this case, the dispositive portion of the decision of the lower court merely an interlocutory order which did not provide a definite resolution on the case. The lower court should hear the case and has the power to re-open the case for trial to determine the rights of the parties involved for the final resolution of the case.