This case has been cited 1 times or more.
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2009-03-13 |
LEONARDO-DE CASTRO, J. |
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| As for the issue of laches, we are inclined to likewise rule against respondent. According to respondent's own testimony,[42] Juan Gabatan died sometime in 1933 and thus, the cause of action of the heirs of Juan Gabatan to recover the decedent's property from third parties or to quiet title to their inheritance accrued in 1933. Yet, respondent and/or her mother Hermogena, if they were truly the legal heirs of Juan Gabatan, did not assert their rights as such. It is only in 1978 that respondent filed her first complaint to recover the subject property, docketed as Civil Case No. 5840, against Rita Gabatan, the widow of Teofilo Gabatan.[43] However, that case was dismissed without prejudice for failure to prosecute.[44] Again, respondent waited until 1989 to refile her cause of action, i.e. the present case.[45] She claimed that she waited until the death of Rita Gabatan to refile her case out of respect because Rita was then already old.[46] | |||||