This case has been cited 1 times or more.
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2004-06-08 |
CARPIO MORALES, J. |
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| As for estoppel by laches which is a creation of equity,[13] since laches cannot interfere with the running of the period of prescription, absent any conduct of the parties operating as estoppel,[14] in light of the prescription of petitioners' action, discussion thereof is dispensed with. Suffice it to state that while laches may not be strictly applied between near relatives, under the facts and circumstances of the case, especially the uncontroverted claim of respondents that their father Julian, and the documented claim of respondent Julieta, had paid realty taxes on the property as exclusive owner, as well as the admission of petitioner Rogelia that, as quoted above, she and her co-petitioners "never benefited" or were "deprived" of any benefits from the property since 1919 up to the time of the filing of the case in 1986 before the RTC or for a period of 67 years, despite demands therefor, even an extremely liberal application of laches would bar the filing of the case. | |||||