Professional Documents
Culture Documents
21, 2015)
1.
2.
3.
4.
5.
6.
HELD:
Declaratory relief is an action by any person interested in a deed, will,
contract or other written instrument, executive order or resolution, to
determine any question of construction or validity arising from the
instrument, executive order or regulation, or statute; and for a declaration of
his rights and duties thereunder. The only issue that may be raised in such a
petition is the question of construction or validity of provisions in an
instrument or statute
In CJH Development Corporation v. Bureau of Internal Revenue, the SC
that in the same manner that court decisions cannot be the proper
subjects of a petition for declaratory relief, decisions of quasi-judicial
agencies cannot be subjects of a petition for declaratory relief for the
simple reason that if a party is not agreeable to a decision either on
questions of law or of fact, it may avail of the various remedies
provided by the Rules of Court.
In this case, the decision of the BSP Monetary Board cannot be a proper
subject matter for a petition for declaratory relief. The BSP Monetary Board
is a quasi-judicial agency and the MB resolution it issued was in its exercise
of quasi-judicial powers or functions.
o The authority of the petitioners to issue the questioned MB
Resolution emanated from its powers under Section 37 of RA No.
7653 and Section 66 of RA No. 8791 to impose, at its discretion,
administrative sanctions, upon any bank for violation of any
banking law.
o The nature of the BSP Monetary Board as a quasi-judicial agency,
and the character of its determination of whether or not appropriate
sanctions may be imposed upon erring banks, as an exercise of
quasi-judicial function
Lastly, also worth noting is the fact that the court a quos Order dated
September 24, 2007, which dismissed respondents petition for declaratory
relief, had long become final and executory.
o To recall, said Order was duly served on and received by
respondent on October 17, 2007, as evidenced by the Certification
issued by the Philippine Postal Corporation. Almost a year later,
however, or on October 15, 2008, respondent moved for