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Clarificatory Judgment Declaratory Judgment Purpose

The document compares clarificatory judgments and declaratory judgments. Clarificatory judgments remove ambiguity in a judgment by enlightening on its true meaning. Declaratory judgments secure an authoritative statement of parties' rights under a contract or statute. Clarificatory judgments involve clerical errors while declaratory judgments resolve justiciable controversies between adverse parties.

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Elaine Abasta
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277 views1 page

Clarificatory Judgment Declaratory Judgment Purpose

The document compares clarificatory judgments and declaratory judgments. Clarificatory judgments remove ambiguity in a judgment by enlightening on its true meaning. Declaratory judgments secure an authoritative statement of parties' rights under a contract or statute. Clarificatory judgments involve clerical errors while declaratory judgments resolve justiciable controversies between adverse parties.

Uploaded by

Elaine Abasta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Declaratory Judgment
  • Clarificatory Judgment

CLARIFICATORY JUDGMENT DECLARATORY JUDGMENT

Purpose
To remove ambiguity in a judgment; To secure an authoritative statement of the
Enlightenment as to the trueimport of a rights and obligations of the parties under a
judgment (Riano, Civil Procedures) contract or a statute (Riano, Civil Procedures)
Requisites
(1) A motion is filed for the clarification of (1) there must be a justiciable controversy;
a judgment; (2) the controversy must be between persons
(2) What is involved is a clerical error, or whose interests are adverse;
not a correction of an erroneous (3) the party seeking declaratory relief must
judgment, or dispositive portion of the have a legal interest in the controversy; and
Decision; (4) the issue involved must be ripe for judicial
(3) There is an ambiguity caused by an determination
omission or mistake in the dispositive (CJH Development Corporation vs. BIR, G.R.
portion No. 172457, Dec. 24, 2008)
Effect
Supersedes the original judgment (found this Terminates uncertainties in an instrument or
in the old memaid under Sec. 5) statute ad the judgment of the court cannot
extend beyond a declaration of the rights and
duties of the parties to the action and cannot
provide corrective reliefs (Riano citing
Delumen v. Republic)
Execution
Executed according to Rules of Court No executory process

This is because the judgment herein is


confined either to an interpretation of a deed
or a declaration whether or not the petitioner
has or does not have rights under the law.
(Riano)

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