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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 term indigenous cultural communities (ICCs) was used in the Philippine Constitution to describe a group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized a territory.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. [1]
The Philippine House Committee on Constitutional Amendments, or House Constitutional Amendments Committee is a standing committee of the Philippine House of Representatives. Jurisdiction [ edit ]
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 ...
Under the 1963 Act, most equitable concepts were codified and made statutory rights, thereby ending the discretionary role of the courts to grant equitable reliefs. The rights codified under the 1963 Act were as under: Recovery of possession of immovable property (ss. 5–8) Specific performance of contracts (ss. 9–25)
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.
"Adequate Remedies" refers to the legal remedy, and equitable remedies that apply to the administrative or state court remedies. [4] The court was unable to grant any equitable remedies such as specific performance where there is a plain legal remedy such as monetary damages. "Adequate Remedies" continues to appear in the federal case between ...