Llopiz v. Arburúa García
Llopiz v. Arburúa García
Opinion of the Court
delivered the opinion of the Court.
It is substantially alleged in the amended complaint filed in this case that plaintiffs
Defendant filed a motion to dismiss the complaint for facts insufficient to determine a cause of action for a declaratory judgment.
The lower court entered an order stating, among other things, that “If we examine the facts alleged, we find that they are insufficient to determine a cause of action for a declaratory judgment, because from the face of the complaint it clearly appears that plaintiff does not pray for an interpretation of a deed of sale between himself and defendant, but for this Court to order the nullity of the deeds recited in the complaint, as well as to determine that the properties described in said amended complaint belong exclusively to plaintiff, and furthermore that the court decree that Juan Arburúa García, defendant in this case, has a mortgage right in said property amounting to $1,500 and payable on March 12, 1950, that is, that said mortgage is already due.”
On appeal plaintiffs allege only that the lower court erred “in dismissing the complaint on the ground that the facts therein related were not amenable to an action for a declaratory judgment, but to an ordinary action for Nullity of Deeds.”
Act No. 47 of April 25, 1931 (Sess. Laws, p. 378) “Relative to Judgments and Declaratory Decrees and Making Legislation on the Subject Uniform ...” provides:
“Section 1.— (Scope) — In their respective jurisdictions district courts shall have authority to declare rights, statuses* and other judicial relations although other remedies are or may be sought. . . .
“Section 2.— (Power to construe, etc.). — Every person interested in a deed, will, written contract or other document constituting a contract, . . . may obtain a determination of any difference in regard to the . . . validity of said . . . contract . . . and also a declaration of the rights, status or other judicial relations derived therefrom.”
*499 “Section 9.— (Issues of fact) — When in any proceeding prosecuted under this Act, there is involved the determination of an issue of fact, the manner issues of fact are considered and decided in such issue may be considered and decided in other civil suits in the court taking cognizance of the action.”
“Section 12.— (Construction) — Because of its nature, this Act is a law of remedies, its purpose being to authorize the determination of rights, statuses and other judicial relations and to allow remedies against doubt or uncertainty of such rights, statuses and other judicial relations; and it shall be liberally construed and applied.”
Rule 57 of the Rules of Civil Procedure provides, on the other hand, that “The procedure for obtaining a declaratory judgment pursuant to Act No. 47, approved April 25, 1931, shall be in accordance with these rules. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.”
Were the facts alleged in the amended complaint fit to be argued within the proceeding provided by law for declaratory judgments and decrees? This is the sole question to be determined in this appeal. As we have seen, both under § 1 of Act No. 47, supra, and under Rule 57 of the Rules of Civil Procedure, the existence of another adequate remedy does not preclude a judgment for a declaratory relief where it is proper. Consequently, the fact that plaintiffs could have brought an ordinary action for the annulment of deeds and other relief, is no reason for the court a quo to dismiss the complaint. Nor the fact that due to the allegations in the complaint, it was necessary to determine certain issues of fact. See § 9, supra. As pointed out. by Borchard in his work on Declaratory Judgments, second edition, 1941, p. 393: “On numerous occasions courts have remarked that the complexity of the facts presents no reason for declining a declaratory judgment,” condemning the dictum which appears in Loomis Fruit Growers Ass’n v. California Fruit
Our own statute, as' we have seen, authorizes district courts “to declare rights, statuses, and other judicial relations.” It also authorizes every person interested in a deed or written contract to obtain a determination of any difference in regard to the validity of said documents, as well as a declaration of the rights, status, or other judicial relations derived therefrom. It allows also remedies against doubt or uncertainty of such rights, statuses, and other judicial relations; and provides conclusively that it shall be liberally construed and applied. See Sections already cited.
In the case at bar plaintiffs allege to be the owners of a one-story house built on another’s lot, to have agreed on the purchase of the lot with their owners, and that in order to purchase it and to repair its house they contracted a loan from defendant. They also allege that instead of executing the corresponding deeds of sale of the lot and of the loan and mortgage, two deeds of sale were executed in favor of defendant. Notwithstanding the existence of an ordinary remedy in their favor, plaintiffs, as interested parties in the two deeds we have repeatedly referred to, are entitled to obtain within the proceeding of declaratory decree a determination on the validity of said deeds and on all other questions raised in their complaint.
As Borchard says in his work already cited, on p. 514, “A declaration of the nullity of an instrument is one of the oldest forms of declaratory judgment, known to practically all systems of law independently of the general action for a declaration of rights . . . The request for such a declaration is usually made to escape the consequences of legality or validity and, where the plaintiff asks a declaration of the invalidity of his own contract, is a speedy method of
The judgment appealed from will be reversed and the case remanded to the lower court for further proceedings not inconsistent with this opinion.
Although the original complaint was filed exclusively in the name of Juan Llopiz, subsequently his wife was joined as party plaintiff.
In the Act it is incorrectly printed “statutes.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.