Courts of law and equity
Philippine courts are both courts of law and equity. Hence, both legal and equitable jurisdiction is dispensed with in the same tribunal (US v. Tamparong, 31 Phil. 321).
However, equity which has been aptly described as “justice outside legality,” is availed of only in the absence of, and never against, statutory law or judicial pronouncements (Smith Bell Co. vs. CA, 267 SCRA 530).
Equity jurisdiction. The power of the court to resolve issues presented in a case in accordance with the natural rules of fairness and justice in the absence of a clear, positive law governing such issues.
[/color]
