TITLE: Ollada
vs. Central Bank G.R. No. L-11357, May 31, 1962
Facts: Felipe B. Ollada is a certified public
accountant, accredited to practice accountancy in the office of the Central
Bank of the Philippines. In December 1955, by reason of a requirement of the
Import-Export Department of said bank that CPAs submit to an accreditation
under oath before they could certify financial statements of their clients
applying for import dollar allocations with its office, Ollada's previous
accreditation was nullified. Ollada thus filed a petition for declaratory
relief before the trial court to nullify said accreditation requirement. 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
CPAs in the Office of the Central Bank.
Issue: Will the petition for declaratory relief
prosper?
Held: The 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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