Professional Documents
Culture Documents
A.
BELTRAN,
ET
AL., plaintiffs-appellants,
vs.
PEOPLE'S HOMESITE & HOUSING CORPORATION, defendantsappellees.
G.R. No. L-25138
August 28, 1969
Teehankee, J:
Facts: An interpleader suit was filed on August 21, 1962, by
plaintiffs Jose Beltran, et al. in their own behalf and in behalf of all
residents of Project 4 in Quezon City, praying that the People's
Homesite & Housing Corporation (PHHC) and GSIS be compelled to
litigate and interplead between themselves their alleged conflicting
claims involving said Project 4.
PHHC leased out housing units to plaintiffs in 1953. The lessees,
paying monthly rentals therefor, were assured by competent
authority that after 5 years of continuous occupancy, they would be
entitled to purchase these units. In 1961, the PHHC announced
that the management, administration and ownership of Project 4
would be transferred to GSIS in payment of PHHS debts to GSIS.
PHHC also asked the tenants to signify their conformity to buy the
housing units at the selling price indicated on the back thereof,
agreeing to credit the tenants, as down payment on the selling
price, 30% of what had been paid by them as rentals. The tenants
accepted the PHHC offer, and on March 27, 1961, the PHHC
announced in another circular that all payments made by the
tenants after March 31, 1961 would be considered as amortizations
or installment payments.
TC granted the Motion, ruling that the counsel for GSIS ratified the
allegations in his motion and made of record that GSIS has no
objection that payments on the monthly amortizations be made
directly to PHHC. There was thus no dispute as to whom the
residents pay and therefore no cause of action for interpleading.
Counsel for defendants went further to say that whatever dispute,
if any, may exist between the two corporations over the lots and
buildings in Project 4, payments made to the PHHC will not and
cannot in any way affect or prejudice the rights of the residents
thereof as they will be credited by either of the two defendants.
between the GSIS and the PHHC, is the right and lawful party to
receive their monthly amortizations as would eventually entitle
them to a clear title to their dwelling units."
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