This case has been cited 7 times or more.
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2008-10-31 |
VELASCO JR., J. |
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| In reversing the assailed RTC orders, the CA disagreed with the trial court's finding and application of the equitable remedy of laches. Relying on Eduarte v. Court of Appeals[11] and related cases,[12] where the Court applied laches to bar judicial remedies in the plaintiff's exercise of legal rights, as allowing plaintiff to do so would be inequitable and unjust to the defendant, the CA held that the RCAP was not barred by laches from asserting his legal right to cause the annotation of the pertinent paragraphs of the deed of sale on the TCTs covering the subject properties. It ratiocinated that despite the lapse of 37 years, the annotation would not be inequitable or prejudicial to any party since the SVD, under whose name the TCTs of the subject properties were issued, did not interpose any objection to the annotation. It noted that the June 7, 1996 RTC Order did not specify the party who would be prejudiced by the annotation. | |||||
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2007-08-28 |
CHICO-NAZARIO, J. |
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| On the matter of laches, we find no sufficient cause to apply the principle of laches, it being a principle grounded on equity. Laches 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 negligence or omission to assert a right within a reasonable time, warranting the presumption that the party entitled to assert it either has abandoned or declined to assert it.[40] Several circumstances must be present. First, there should exist conduct on the part of the defendant or one under whom he claims, giving rise to the situation of which complaint is made and for which the complainant seeks a remedy. Second, there is 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. Third, defendant had no knowledge or notice that the complainant would assert the right on which he bases his claim. Fourth, the defendant will suffer injury or prejudice in the event relief is accorded the complainant, or the suit is not held barred. Petitioner failed to prove the presence of all four established requisites of laches. Moreover, there is no absolute rule as to what constitutes laches or staleness of demand; each case is to be determined according to its particular circumstances, with the question of laches addressed to the sound discretion of the court.[41] Because laches is an equitable doctrine, its application is controlled by equitable considerations and should not be used to defeat justice or to perpetuate fraud or injustice.[42] | |||||
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2007-02-26 |
YNARES-SANTIAGO, J. |
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| Laches has been defined as 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 negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned or declined to assert it. The defense of laches is an equitable one and does not concern itself with the character of the defendant's title, but only with whether or not by reason of plaintiffs long inaction or inexcusable neglect, he should be barred from asserting his claim at all, because to allow him to do so would be inequitable and unjust to the defendant.[24] | |||||
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2005-11-11 |
AUSTRIA-MARTINEZ, J. |
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| In Eduarte vs. Court of Appeals,[5] the Court reiterated the hornbook principle that "a certificate of title serves as evidence of an indefeasible title to the property in favor of the person whose name appears therein."[6] Private respondents having presented TCT No. RT-71061, which is the reconstituted title of TCT No. 214949, they have thus proven their allegation of ownership over the subject property. The burden of proof then shifted to petitioners who must establish by preponderance of evidence their allegation that they have a better right over the subject property. | |||||
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2005-08-28 |
TINGA, J. |
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| …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 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. The defense of laches is an equitable one and does not concern itself with the character of the defendant's title but only with whether or not by reason of plaintiff's long inaction or inexcusable neglect, he should be barred from asserting his claim at all, because to allow him to do so would be inequitable and unjust to defendant.[31] | |||||
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2005-07-28 |
TINGA, J. |
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| ...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 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. The defense of laches is an equitable one and does not concern itself with the character of the defendant's title but only with whether or not by reason of plaintiff's long inaction or inexcusable neglect, he should be barred from asserting his claim at all, because to allow him to do so would be inequitable and unjust to defendant.[31] | |||||
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2003-12-08 |
PANGANIBAN, J. |
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| Under this time-honored doctrine, relief has been denied to litigants who, by sleeping on their rights for an unreasonable length of time -- either by negligence, folly or inattention -- have allowed their claims to become stale.[21] Vigilantibus, sed non dormientibus, jura subveniunt. The laws aid the vigilant, not those who slumber on their rights.[22] | |||||