An action for declaratory relief lies even when it has been captioned as one for declaration for nullity of Notice of Sale, Certificate of Sale and Transfer Certificate of Titles , as in the case of Zomer Development Company Inc. v. Court of Appeals.
IEB emerged as the highest bidder at the auction. Thus, the Sheriff issued a Certificate of Sale, providing for a period of redemption of 12 months from registration, “or sooner and/or later, as provided for under applicable laws.” Moreover, upon causing this Certificate to be registered, the corresponding TCTs were issued in IEB’s name.
While copies of Zomer’s complaint were furnished to the Office of the Solicitor General , the latter did not participate in the proceedings, prompting the RTC to dismiss the same. According to the RTC, to rule on the issue raised by Zomer would deprive the Republic, through the OSG, of its right to due process since it was neither heard on the issue nor impleaded as a defendant therein.
Consequently, Zomer filed a petition for mandamus before the Supreme Court, seeking that the Court of Appeals be compelled to resolve the constitutionality of Section 47 of the General Banking Law.In denying Zomer’s petition, the Supreme Court first upheld the finding that its complaint before the RTC is actually one for declaratory relief.
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