This case has been cited 2 times or more.
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2014-04-21 |
BERSAMIN, J. |
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| For laches to bar a claim, four elements must be shown, namely: (1) conduct on the part of the defendant, or one under whom he claims, giving rise to a situation of which a complaint is made and for which the complainant seeks a remedy; (2) delay in asserting the complainant's right, the complainant having had knowledge or notice of defendant's conduct and having been afforded an opportunity to institute a suit; (3) lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; and (4) injury or prejudice to the defendant in the event that the relief is accorded to the complainant, or the suit is not held to be barred.[51] | |||||
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2014-01-20 |
BERSAMIN, J. |
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| Laches is the failure or neglect for an unreasonable and unexplained length of time to do that which by exercising due diligence could nor should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it.[41] Its other name is stale demands, and it is based upon grounds of public policy that requires, for the peace of society, the discouragement of stale claims and, unlike the statute of limitations, is not a mere question of time but is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted.[42] The existence of four elements must be shown in order to validate laches as a defense, to wit: (a) conduct on the part of the defendant, or of one under whom a claim is made, giving rise to a situation for which a complaint is filed and a remedy sought; (b) delay in asserting the rights of the complainant, who has knowledge or notice of the defendant's conduct and has been afforded an opportunity to institute a suit; (c) lack of knowledge or notice on the part of the defendant that the complainant will assert the right on which the latter has based the suit; and (d) injury or prejudice to the defendant in the event that the complainant is granted a relief or the suit is not deemed barred.[43] | |||||