This case has been cited 2 times or more.
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2012-11-14 |
PERALTA, J. |
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| The established rule, as reiterated in Heirs of Tomas Dolleton vs. Fil-Estate Management, Inc.,[6] is that "the elements of laches must be proven positively. Laches is evidentiary in nature, a fact that cannot be established by mere allegations in the pleadings x x x."[7] Evidence is of utmost importance in establishing the existence of laches because, as stated in Department of Education, Division of Albay vs. Oñate,[8] '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." x x x Verily, the application of laches is addressed to the sound discretion of the court as its application is controlled by equitable considerations.[9] | |||||