This case has been cited 1 times or more.
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2009-07-03 |
YNARES-SANTIAGO, J. |
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| Finally, we find respondents guilty of laches, the essence of which is the failure or neglect, for an unreasonable and unexplained length of time to do that which, by exercising due diligence, could or should have been done earlier; it is the 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.[32] Laches is not concerned with the mere lapse of time, rather, the party must have been afforded an opportunity to pursue his claim in order that the delay may sufficiently constitute laches.[33] | |||||