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Sunday, August 8, 2010

Equity follows the Law

CIVIL LAW QUESTION 2003

It is said that “equity follows the law” What do you understand by this phrase, and what are its basic implications?

SUGGESTED ANSWER:
“Equity Follows the law” means that courts exercising equity jurisdiction are bound by rules of law and have no arbitrary discretion to disregard them. (Arsenal v IAC, 143 SCRA 40 [1986]).  Equity is applied only in the absence of but never against statutory law. (Toyota Motor Phil. V CA 216 SCRA 236 [1992]).  

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