2
Since injunction is the strong arm of equity, he who must apply for it must come with equity or with clean hands. This is so because among the maxims of equity are (1) he who seeks equity must do equity, and (2) he who comes into equity must come with clean hands. The latter is a frequently stated maxim which is also expressed in the principle that he who has done inequity shall not have equity. It signifies that a litigant may be denied relief by a court of equity on the ground that his conduct has been inequitable, unfair and dishonest, or fraudulent, or deceitful as to the controversy in issue. - JENOSA vs. DELARIARTE G.R. No. 172138 We can neither sustain the award of moral damages in favor of the private respondents. The right to recover moral damages is based on equity. Moral damages are recoverable only if the case falls under Article 2219 of the Civil Code in relation to Article 21. Part of conventional wisdom is that he who comes to court to demand equity, must come with clean hands. - Garciano vs. Court of Appeals, G.R. No. 96126, August 10, 1992, 212 SCRA 436., LBC EXPRESS, INC vs, Court of Appeals G.R. No. 108670 September 21, 1994 ( 1) that since plaintiff had been found by the probate court to have employed force, with the aid of defendant Attorney Almazan, upon the testatrix in connection with the execution of her will, he was guilty of "condemnable act" and therefore barred from seeking relief under the principle that he who comes to court seeking equity must come with clean hands; and (2) that the action had already prescribed. It is from that order of dismissal that the present appeal has been taken. - ALQUIGUE vs. DE LEON and ALMAZAN G.R. No. L-15059 Pagasa cannot rely on equity because he who comes into equity must come with clean hands. Equity refuses to lend its aid in any manner to one seeking its active interposition who has been guilty of unlawful or inequitable conduct in the matter with relation to which he seeks relief .

Clean Hands

Embed Size (px)

DESCRIPTION

copied only

Citation preview

Page 1: Clean Hands

Since injunction is the strong arm of equity, he who must apply for it must come with equity or with clean hands. This is so because among the maxims of equity are (1) he who seeks equity must do equity, and (2) he who comes into equity must come with clean hands. The latter is a frequently stated maxim which is also expressed in the principle that he who has done inequity shall not have equity. It signifies that a litigant may be denied relief by a court of equity on the ground that his conduct has been inequitable, unfair and dishonest, or fraudulent, or deceitful as to the controversy in issue.

- JENOSA vs. DELARIARTE G.R. No. 172138

We can neither sustain the award of moral damages in favor of the private respondents. The right to recover moral damages is based on equity. Moral damages are recoverable only if the case falls under Article 2219 of the Civil Code in relation to Article 21. Part of conventional wisdom is that he who comes to court to demand equity, must come with clean hands.

- Garciano vs. Court of Appeals, G.R. No. 96126, August 10, 1992, 212 SCRA 436., LBC EXPRESS, INC vs, Court of Appeals G.R. No. 108670 September 21, 1994

(1) that since plaintiff had been found by the probate court to have employed force, with the aid of defendant Attorney Almazan, upon the testatrix in connection with the execution of her will, he was guilty of "condemnable act" and therefore barred from seeking relief under the principle that he who comes to court seeking equity must come with clean hands; and (2) that the action had already prescribed. It is from that order of dismissal that the present appeal has been taken.

- ALQUIGUE vs. DE LEON and ALMAZAN G.R. No. L-15059

Pagasa cannot rely on equity because he who comes into equity must come with clean hands. Equity refuses to lend its aid in any manner to one seeking its active interposition who has been guilty of unlawful or inequitable conduct in the matter with relation to which he seeks relief.

- PAGASA INDUSTRIAL CORPORATION vs. COURT OF APPEALS G.R. No. L-54158