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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 ...
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
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.
Legal equity: The Court of Chancery, in early 19th-century London.. In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, [1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. [2]
The requirement post-Judicature system allowed a claimant to attend only one court, rather than two, to enforce both the common law and equitable principles regarding the breach and remedy. Associated with new remedies, this jurisdiction empowers an applicant to pursue equitable relief where it can be established that the appropriate relief ...
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 ...
Most legislatures have their powers restricted by the nation's Constitution, and Montesquieu's theory of the separation of powers typically restricts a legislature's powers to legislation. [8] Although the legislature has the power to legislate, it is the courts who have the power to interpret statutes , treaties and regulations.