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EUFEMIA ALMEDA and ROMEL ALMEDA v. BATHALA MARKETING INDUSTRIES

This case has been cited 3 times or more.

2013-09-24
PERLAS-BERNABE, J.
Case law states that the following are the requisites for an action for declaratory relief: first, the subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance; second, the terms of said documents and the validity thereof are doubtful and require judicial construction; third, there must have been no breach of the documents in question; fourth, there must be an actual justiciable controversy or the "ripening seeds" of one between persons whose interests are adverse; fifth, the issue must be ripe for judicial determination; and sixth, adequate relief is not available through other means or other forms of action or proceeding.[34]
2010-07-05
MENDOZA, J.
It is settled that the requisites of an action for declaratory relief are:  1]  the subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance; 2]  the terms of said documents and the validity thereof are doubtful and require judicial construction; 3]  there must have been no breach of the documents in question; 4] there must be an actual justiciable controversy or the "ripening seeds" of one between persons whose interests are adverse; 5] the issue must be ripe for judicial determination; and 6] adequate relief is not available through other means or other forms of action or proceeding.[19] [emphasis supplied]
2008-03-14
CHICO-NAZARIO, J.
On 4 December 1996, private respondents filed a Petition for Certiorari[29] before this Court assailing the Decision and the Order of the NLRC dated 30 January 1996 and 30 October 1996, respectively. On 9 December 1998, this Court issued a Resolution[30] referring the case to the Court of Appeals conformably with its ruling in St. Martin Funeral Home v. National Labor Relations Commission.[31] The case was docketed before the appellate court as CA-G.R. SP No. 50806.