This case has been cited 5 times or more.
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2007-02-26 |
YNARES-SANTIAGO, J. |
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| The elements of laches are: (1) conduct on the part of the defendant, or one under whom he claims, giving rise to the situation that led to the complaint and for which the complaint seeks a remedy; (2) delay in asserting the complainant's rights, having had knowledge or notice of the 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 relief is accorded to the complainant, or the suit is not held barred.[25] | |||||
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2006-04-18 |
YNARES-SANTIAGO, J. |
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| The failure or neglect, for an unreasonable length of time to do that which by exercising due diligence could or should have been done earlier constitutes laches. It is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it has either abandoned it or declined to assert it. While it is by express provision of law that no title to registered land in derogation of that of the registered owner shall be acquired by prescription or adverse possession, it is likewise an enshrined rule that even a registered owner may be barred from recovering possession of property by virtue of laches.[43] | |||||
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2006-01-31 |
AUSTRIA-MARTINEZ, J. |
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| Sec. 8. Questions that may be decided. No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief, save as the court may pass upon plain errors and clerical errors. Clearly, the appellate court may pass upon plain errors even if they are not stated in the assignment of errors. In Villegas vs. Court of Appeals,[10] the Court held:[T]he Court is clothed with ample authority to review matters, even if they are not assigned as errors in the appeal, if it finds that their consideration is necessary in arriving at a just decision of the case.[11] In the present case, the RTC's award for actual damages is a plain error because a reading of said trial court's Decision readily discloses that there is no sufficient evidence on record to prove that petitioner is entitled to the same. Petitioner's only evidence to prove her claim for actual damages is her testimony that she has spent P3,000.00 in going to and from respondent's place to try to collect payment and that she spent P1,000.00 every time she travels from Bulacan, where she resides, to Baguio in order to attend the hearings. | |||||
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2005-03-11 |
TINGA, J. |
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| One final note. From the substantive and procedural standpoints, the cardinal objectives to write finis to a protracted litigation and avoid multiplicity of suits are worth pursuing at all times.[63] Thus, this Court has ruled that appellate courts have ample authority to rule on specific matters not assigned as errors or otherwise not raised in an appeal, if these are indispensable or necessary to the just resolution of the pleaded issues.[64] Specifically, matters not assigned as errors on appeal but consideration of which are necessary in arriving at a just decision and complete resolution of the case, or to serve the interest of justice or to avoid dispensing piecemeal justice.[65] | |||||
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2001-03-12 |
PARDO, J. |
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| There is "laches" when there is failure or neglect, for an unreasonable length of time to do that which by exercising due diligence could or should have been done earlier. When there is laches, the presumption arises that the party entitled to assert a right has either abandoned it or has declined to assert it. Even a registered owner may be barred from recovering possession of land by virtue of laches.[55] Its elements are: "(1) conduct on the part of defendant, or one under whom he claims, giving rise to the situation that led to the complaint and for which the complaint seeks a remedy; | |||||