GR L 5204; (March, 1953) (Digest)
G.R. No. L-5204 March 27, 1953
Hospicio Obiles, petitioner-appellant, vs. Republic of the Philippines, oppositor-appellee.
FACTS
Hospicio Obiles, alleging he is a Filipino citizen by birth and parentage, filed a petition for declaratory relief. He stated that in 1941, due to an erroneous belief and fear of criminal prosecution, he registered himself with the municipal treasurer of Bacacay, Albay, as a Chinese alien. He claimed he never intended to relinquish his Filipino citizenship and continued to hold himself out as such. The Solicitor General opposed the petition, arguing it stated no cause of action, presented no actual controversy, and that the proper remedy to establish citizenship was a separate proceeding. The Court of First Instance of Albay dismissed the petition, holding there was no actual controversy as petitioner was merely in doubt about his right and no one disputed his claim, and any court declaration would not terminate the controversy.
ISSUE
Whether the lower court correctly dismissed the petition for declaratory relief on the grounds that no actual or justiciable controversy existed and that declaratory relief was not the proper remedy.
RULING
Yes, the Supreme Court affirmed the lower court’s dismissal. The petition failed to satisfy the requisites for an action for declaratory relief under Rule 66 of the Rules of Court. The registration as an alien was a unilateral act by the petitioner, not a contract or written instrument affecting another party’s rights or creating obligations for the state. No official had taken, intended, or threatened to take steps against the petitioner based on this registration. The petitioner’s fear that the registration might cause loss of citizenship did not constitute an actual, genuine, live controversy affecting a definite legal relation, but merely a basis for an advisory opinion, which courts do not provide. Furthermore, the true objective of the petition, as revealed by its prayer and allegations, was to obtain a declaration of Filipino citizenship. The proper remedy for this is not an action for declaratory relief.