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equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them ...
The main criticism concerning R.A. 8371 is that it is ambiguous. One of the issues it encountered was that it is inconsistent and conflicting with the Philippines' constitution (2). This has become the case because of the doctrine of jura regalia, which means that "all lands of the public domain belong to the state" (2). The next problem ...
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas) is the supreme law of the Philippines.Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987.
Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law, [1] or from employing methods of statutory construction in order to arrive at an interpretation of the codal provisions that would be binding ...
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
Under Philippine law, rescission creates an obligation to return anything that was the object of the contract as well as any profit derived therefrom, and rescission is consequently available only where the party seeking the remedy is able to return or provide reparation for such things. [242]
Constitutional reform in the Philippines, colloquially known as charter change (cha-cha), [1] refers to the political and legal processes needed to amend the current 1987 Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a people's initiative, a constituent ...
Equity prevails over common law, but its application is discretionary. Equity's main achievements are: trusts, charities, probate, & equitable remedies. There are a number of equitable maxims, such as: "He who comes to equity must come with clean hands". Parliamentary Conventions (UK mainly) (not to be confused with International Conventions)