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    Jay Suarez
    The petitioner, a certified public accountant (CPA), filed a petition for declaratory relief challenging two requirements imposed by the Central Bank for CPAs to work there: signing an oath and being governed by the Central Bank's rules rather than those of the Philippine Institute of Accountants. The Court of First Instance dismissed the petition. The Supreme Court held that declaratory relief was not proper because the petitioner claimed his rights had already been violated, giving him grounds to file an ordinary civil action instead of a declaratory action, which must be filed before any breach occurs. Declaratory relief is only appropriate when no other form of action can provide adequate relief.

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    Prov Rem Digest

    Uploaded by

    Jay Suarez
    162 views1 page
    The petitioner, a certified public accountant (CPA), filed a petition for declaratory relief challenging two requirements imposed by the Central Bank for CPAs to work there: signing an oath and being governed by the Central Bank's rules rather than those of the Philippine Institute of Accountants. The Court of First Instance dismissed the petition. The Supreme Court held that declaratory relief was not proper because the petitioner claimed his rights had already been violated, giving him grounds to file an ordinary civil action instead of a declaratory action, which must be filed before any breach occurs. Declaratory relief is only appropriate when no other form of action can provide adequate relief.

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    The petitioner, a certified public accountant (CPA), filed a petition for declaratory relief challenging two requirements imposed by the Central Bank for CPAs to work there: signing an oath and being governed by the Central Bank's rules rather than those of the Philippine Institute of Accountants. The Court of First Instance dismissed the petition. The Supreme Court held that declaratory relief was not proper because the petitioner claimed his rights had already been violated, giving him grounds to file an ordinary civil action instead of a declaratory action, which must be filed before any breach occurs. Declaratory relief is only appropriate when no other form of action can provide adequate relief.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    162 views1 page

    Prov Rem Digest

    Uploaded by

    Jay Suarez
    The petitioner, a certified public accountant (CPA), filed a petition for declaratory relief challenging two requirements imposed by the Central Bank for CPAs to work there: signing an oath and being governed by the Central Bank's rules rather than those of the Philippine Institute of Accountants. The Court of First Instance dismissed the petition. The Supreme Court held that declaratory relief was not proper because the petitioner claimed his rights had already been violated, giving him grounds to file an ordinary civil action instead of a declaratory action, which must be filed before any breach occurs. Declaratory relief is only appropriate when no other form of action can provide adequate relief.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Ollada vs.

    Central Bank
    G.R. No. L-11357, May 31, 1962
    Facts:
    Felipe B. Ollada, a Certified Public Accountant (CPA for brevity) having passed the
    examination of the board of accountancy and authorized to practice accounting at
    Central Bank filed in the Court of First Instance a petition for declaratory relief after his
    petition for a writ of preliminary injunction had been dismissed in the Court of First
    Instance assailing the enforcement of the above mentioned Bank with the two
    requirements for Certified Public Accountants, re: that the applicant CPA should sign a
    statement under oath and that, upon accreditation, a Certified Public Accountant would
    be governed by the rules and regulations of the Central Bank and not by those of the
    Philippine Institute of Accountants. He alleges that because of these requirements he
    had suffered serious injury, and that such enforcement has resulted in the unlawful
    restraint in the practice of Certified Public Accountants in the Office of the Central Bank.
    The Court of First Instance Dismissed said petition hence this petition.
    Issue:
    Whether or not a declaratory relief is proper is proper in this case at bar.
    Held:
    No, declaratory relief is not proper
    Under the law a complaint for declaratory relief will not prosper if filed after a contract,
    statute or right has been breached or violated. In the present case such is precisely the
    situation arising from the facts alleged in the petition for declaratory relief. As vigorously
    claimed by petitioner himself, respondent had already invaded or violated his right and
    caused him injury all these giving him a complete cause of action enforceable in an
    appropriate ordinary civil action or proceeding.
    An action for declaratory relief should be filed before there has been a breach of a
    contract, statutes or right, and that it is sufficient to bar such action, that there had been
    a breach which would constitute actionable violation. The rule is that an action for
    Declaratory Relief is proper only if adequate relief is not available through the means of
    other existing forms of action or proceeding.

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