This case has been cited 2 times or more.
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2015-06-22 |
PERALTA, J. |
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| In the case at bar, petitioners were not in possession of the subject property when they filed their complaint for quieting of title, recovery and damages. If their complaint were to be considered as that of enforcing an implied trust, it should have been filed within 10 years from the issuance of TCT No. T-15364 in the name of the innocent purchaser for value, Maria, on October 27, 1978. However, the complaint was filed only May 21, 1998 or about 20 years from the issuance of TCT No. T-15364, which is way beyond the prescriptive period. Worse, such delay is unjustified and unreasonably long, and petitioners clearly failed to exercise due diligence in asserting their right over the property. Therefore, petitioners' complaint is likewise barred by laches, which 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, thus, giving rise to a presumption that the party entitled to assert it either has abandoned or declined to assert it.[96] | |||||
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2015-03-25 |
PERALTA, J. |
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| In Philippine Carpet Manufacturing Corporation v. Tagyamon,[23] the Court further held: Under the doctrine of stare decisis, when a court has laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases in which the facts are substantially the same, even though the parties may be different. Where the facts are essentially different, however, stare decisis does not apply, for a perfectly sound principle as applied to one set of facts might be entirely inappropriate when a factual variant is introduced.[24] | |||||