This case has been cited 1 times or more.
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2016-01-27 |
PERALTA, J. |
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| Laches is evidentiary in nature, a fact that cannot be established by mere allegations in the pleadings.[24] The following elements, as prescribed in the case of Go Chi Gun, et al. v. Co Cho, et al.,[25] must be present to constitute laches: x x x (1) conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation of which complaint is made for which the complaint seeks a remedy; (2) delay in asserting the complainant's rights, the complainant 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 to be barred.[26] | |||||