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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

GreenArc Solar, Inc., a private corporation, sues in the Regional Trial Court for (1) a declaration that City Ordinance No. 2022-11, which requires all energy facilities to install a specified pollution-control device, is unconstitutional as applied to GreenArc; (2) damages for losses incurred due to enforcement of the ordinance; the complaint also prays for a temporary restraining order to stay enforcement pendente lite. (a) Is this action ordinary or special? (b) State the controlling rule distinguishing ordinary actions from special actions and name the kinds of actions that fall into each category. (c) Apply the rule to the facts: identify the proper classification, the proper forum for filing, and the remedy if GreenArc is successful, and explain any pleading and procedural implications.

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Ordinary action; The rule is that special actions are enumerated in Rule 65 (certiorari, prohibition, mandamus, quo warranto, habeas corpus), while all other civil actions are ordinary; This case seeks declaratory relief and damages arising from enforcement of a local ordinance, which is an ordinary civil action filed in the RTC; The remedy would be a declaration of rights and damages, and a TRO or preliminary injunction may be granted as a provisional remedy in ordinary actions; Pleading requires a complaint in the RTC. Special action; The action is a petition for mandamus to compel the city to refrain from enforcing the ordinance; The proper forum would be the Supreme Court on direct review; The remedy would be an order compelling non-enforcement; Ordinary action; The action seeks only a declaratory judgment and damages not involving attack on a quasi-judicial decision; The proper forum is RTC; The remedy includes a declaratory relief and damages; The TRO aspect does not convert the action into a special civil action. Ordinary action; The proper forum is the Regional Trial Court, and the action is for declaratory relief and damages; The remedy includes a binding declaration of the rights of the parties and potential damages; The TRO prayer is merely incidental to the ordinary civil action.

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