This case has been cited 3 times or more.
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2009-10-09 |
PERALTA, J. |
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| There is no absolute rule on what constitutes laches. It is a rule of equity and applied not to penalize neglect or sleeping on one's rights, but rather to avoid recognizing a right when to do so would result in a clearly unfair situation. The question of laches is addressed to the sound discretion of the court and each case must be decided according to its particular circumstances.[55] It is the better rule that courts, under the principle of equity, should not be guided or bound strictly by the statute of limitations or the doctrine of laches if wrong or injustice will result.[56] | |||||
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2007-12-04 |
VELASCO, JR., J. |
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| On the issue of prescription, the CA applied Villanueva-Mijares v. Court of Appeals,[8] where we held that an action for reconveyance of a parcel of land based on implied or constructive trust prescribes in ten (10) years, reckoned from the date of registration of the deed or the date of the issuance of the certificate of title of the property. The CA pointed out that in this case, the prescriptive period has not started to run since no certificate of title had yet been issued. | |||||
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2003-12-11 |
PANGANIBAN, J. |
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| While a review of the decree of registration is no longer possible after the expiration of the one-year period from entry, an equitable remedy is still available to those wrongfully deprived of their property.[18] A certificate of title cannot be subject to collateral attack and can only be altered, modified or canceled in direct proceedings in accordance with law.[19] Hence, the CA correctly held that the propriety of the issuance of title in the name of respondents was an issue that was not determinable in these proceedings. | |||||