1. Signifcant Application o Extinctive Extinctive Prescription Prescription – SCRA 32 A. Conc Conce ept
The concept of extinctive prescription prescription was devised to correct correct a defect in legal practice. Before, a party who had any legal ground of complaint against another might call the latter to answer in court at such time as suited his convenience. It was soon found out that the practice produces great inconvenience. Parties often wait till witnesses were dead or papers destroyed so a successful defense might have been made. For this reason, reason, in 1!", a statute was passed in #ngland, entitled $%n %ct for &imitation of %ctions and for %voiding of 'uits in &aw( or otherwise )nown as 'tatute of &imitation. In the the *ew *ew carelessness who, by the protects not vigilant.
+ivi +ivill +ode +ode,, righ rights ts and and acti action ons s are are lost lost by pres prescr crip ipti tion on.. By negl neglig igen ence ce,, or abandonment, owners may be deprived of their properties by usurpers lapse lapse of time, acuire acuire the same by prescri prescription ption.. #ssentia #ssentially, lly, prescripti prescription on the person who sleeps on his rights but the person who is diligent and
B. How to Set Set p t!e t!e "eense "eense o Prescription Prescription – SCRA SCRA 2# -efense of prescription must be pleaded, otherwise, it is deemed waived. It need *T be pleaded when/ a. The party entitled entitled to the defense defense of prescription prescription had had no means of )nowing, before the trial bega began, n, that that the the clai claim m adva advanc nced ed by the the oppo opposi sing ng part party y is bar barred by the the stat statut ute e of limitations. b. The whereabouts whereabouts of the the defendants was un)nown, un)nown, so that upon motion by the plainti0 plainti0 the lower court ordered that the defendant be summoned by publication and the defendant was declared default for failure to le an answer, the defense of prescription cannot be considered waived by the failure of the absent defendant to answer the complaint c. The defense defense of prescr prescriptio iption n may also be proved proved by a party despite despite failur failure e to plead it if no proper and timely ob2ection is interposed. d. Plainti0(s own allegation allegation in the complaint complaint or the evidence evidence he presented presented shows shows clearly that the action had prescribed. e. The title title to the real real estate estate is by adver adverse se possess possession ion Prescription as 3round of 4otion to -ismiss 5 when prescription is interposed as a ground of a motion to dismiss under 'ection 1 6f7 of 8ule 1, the court must proceed to hear the motion and receive evidence on the issue of prescription where it is not clear from the allegations of the complaint 2ust when the plainti0(s cause accrued. There is no need to receive evidence on the defense of prescription if the pleadings led by the parties contain averments su9cient to decide the issue of prescription. %mendment of the pleading is discretionary with the court and may be denied where its e0ect would be to change substantially the nature of the issues between the parties.
2. :iewpoints of Possession 5 '+8% ;; A. Concept
Possession is the holding of a thing or the en2oyment of a right. In prescription, to constitute the foundation of a prescriptive right, possession must be possession under claim of title or to use the common law euivalent of the term, it must be adverse. %ctual Possession of land consists in the manifestation of acts of dominion over it of such a nature as a party would naturally exercise his own property. %dverse Possession transfers ownership and confers title except as against a registered title.
a. Possession in 3ood Faith % possessor in good faith is not aware that there is in his title, or in the manner of acuiring it, any =aw invalidating the same. 3ood faith must rest on a colourable right in the builder, beyond a mere stubborn belief in one(s title despite 2udicial ad2udication. b. Possession in Bad Faith % possessor in bad faith is one who is not ignorant of the fact that there exists a defect in his title, or mode of acuiring possession. The party(s mere refusal to believe that a defect or his willful closing of his eyes to the possibility of the existence of a defect in his vendor(s title will not ma)e him an innocent purchaser for value, if it afterwards develops that the title was in fact defective. c. %cuisitive Possession For claim of acuisitive prescription to prosper, possession must be in the concept of owner. d. %dverse Possession % person in the open, continuous, exclusive and notorious possession and occupation of certain lands for more than thirty years, in the concept of owner, is entitled to a conrmation of his title to said land. 1. #0ects of Possession wner who had been unlawfully deprived of his personal property has a better right as against an innocent third party over the possession of personal property. !. 8ights of Possessor The possessors( claim for the value of the improvements, which they had placed on the land was not allowed since it was deemed o0set by their obligation to pay rental from the time they were reuired by the owner to vacate the same.
3. Prescription o $elonies – SCRA 122 Prescription of the crime 5 is the forfeiture or loss of the right of the 'tate to prosecute the o0ender after the lapse of a certain time. %rt. ;> of the 8evised Penal +ode. Prescription of crime. +rimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. +rimes punishable by other a?ictive penalties shall prescribe in fteen years. Those punishable by a correctional penalty shall prescribe in ten years@ with the exception of those punishable by arresto mayor, which shall prescribe in ve years. The crime of libel or other similar o0enses shall prescribe in one year. The crime of oral defamation and slander by deed shall prescribe in six months. &ight o0enses prescribe in two months. Ahen the penalty xed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the rst, second and third paragraphs of this article. 6%s amended by 8% 1, approved Cune 1;, 1;7
%. Specifc Applications o t!e Prescriptive Re&e'( – SCRA )* 1.
%cuisitive Prescription is that by which one acuires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
!.
#xtinctive Prescription is that by which one loses rights and actions through the lapse of time in the manner and under the conditions laid down by law. a.
+ivil cases 5 ex. an action for the reconveyance of land based on implied or constructive trust prescribes in ten years. %nd it is from the date of issuance of such title that the e0ective assertion of adverse title for purposes of the statute of limitation is counted.
".
+ommencement of prescriptive period a. +ivil cases 5 ex. time for prescription of actions for partition and reconveyance runs from the date of issuance of original certicate of title.
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Interruption of prescriptive period a. +ivil cases 5 The prescription of actions is interrupted pursuant to %rticle 11DD of the +ivil +ode either/ 617 when they are led before the court or 6!7 where there is written extra2udicial demand by the creditors, or 6"7 when there is any written ac)nowledgement of the debt by the debtor.
D.
Imprescriptible rights and actions 5 ex. %rticle ; of the *ew +ivil +ode provides that each coEowner may demand at any time the partition of the common property, a provision which implies that the action to demand partition is imprescriptible or cannot be barred by laches@ a person is not barred by prescription from ling an action for reconveyance of property erroneously included in the title of another.
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-efense of Prescription 5 ex. The issue raised by appellants does not need any lengthy much less scholarly dissertation. The decree of registration was issued ctober 1;1. The certicates of title, were issued either forthwith or not much later. In any event, conventional wisdom would dictate that titles were not issued more than ten years after the decree of registration. %ppellant(s action was led almost twentyEfour years after the issuance of said decree. nder these facts, it is safe to hold as we do hold that the trial court(s ruling to the e0ect that the appellant(s action had already prescribed is correctly and should be a9rmed.
G.
Aaiver of Prescriptive -efense 5 ex. It is settled law in this 2urisdiction that the defense of prescription is waivable and that if it is not raised as a defense in the trial court, it cannot be considered on appeal, the general rule being that the appellate court is not authoriHed to consider and resolve any uestion not properly raised in the lower court.
+. Stat,te o $ra,'s– SCRA 21 I 5 8euirements and Purpose %greement in the following cases shall be unenforceable by action, unless the same, or some note or memorandum be/ 1. In writing !. 'ubscribed by the party charged or by his agent +ases in 3eneral 8ule/ 1. %n agreement that by its terms is not to be performed within a year from the ma)ing thereof@ !. % special promise to answer for debt, default, or miscarriage of another@ ". %n agreement made in consideration of marriage, other than a mutual promise to marry@ . %n agreement for the sale of goods, chattels or things in action, at a price not less than PD>>.>>@ #xception/ nless the buyer accept and receive part of such goods and chattels, or evidences, or some of them, of such things in action, or pay at the time some part of the purchase money@ D. %n agreement for the leasing for a longer period than one year, or for the sale of a real property or of an interest therein@ and . % representation as to the credit of a third person *ote/ #vidence of the agreement cannot be received without the writing or a secondary evidence in its contents. 6%rt. 1>", par. !, +ivil +ode7 Purposes/ 1. To prevent fraud and per2ury in the enforcement of obligations depending for their evidence upon unassisted memory of witnesses. !. Provides for the form or method by which contracts coming within its terms may be proved. *ote 6re/ su9ciency of reuirements7 If the parties permit a contract to be proved, without ob2ection as to the form of the proof, it is then 2ust as binding as if the statute had been complied with. Failure to ob2ect, li)e acceptance of the benets under the contract, constitutes ratication. %ny document or writing, formal or informal, written either for the purpose which satises all the statute(s reuirements as to contents and signature would be su9cient. *ote or memorandum of a contract, in order to satisfy the 'tatute of Frauds, need not state the consideration, since this element is presumed until the contrary is proved. %.
+ontracts not to be performed within a year
3eneral 8ule/ %greements not to be performed or which cannot be carried out on either side within a year from ma)ing thereof. #xception/ %greements, which, by their terms, are to be fully performed or completed on one side within such time. #xample/ +ontract continued from year to year for several years. B.
'pecial Promise to answer for the debt, etc. of another
Test/ Ahether the promise is an original or a collateral one. 1. riginal or independent E If the promisor becomes primarily liable for the payment of the debt #0ect/ *ot covered by the 'tatute of Frauds !. E
+ollateral Promisor becomes merely a surety
#0ect/ +overed by the 'tatute of Frauds
Ahether original or collateral is a uestion of law and fact, which is determined from the evidence as to the language used in ma)ing the promise, and the circumstances, which the promise was made. +.
%greement in +onsideration of 4arriage
#xception/ 4utual promise to marry. E %ggrieved party may resort to sue the o0ending party for actual damages, but not moral damages incurred. II 5 -octrine of Partial Performance 6#0ect7 3eneral 8ule/ %pplies only to executory, and not to completed or executed contracts. 8eason/ E It would be in fraud if one party were permitted to oppose performance on his part after he has allowed or induced the other to perform in reliance upon the agreement, for it would enable the former to )eep the benets already derived by him from the transaction in litigation and at the same time evade the obligations, responsibilities or liabilities assumed or contracted by him. #xceptions/ 1. 'ale of real property which has been consummated by the delivery of the property to the vendee. !. Partially executed by payment of a part of the price to the vendors and the delivery of the land to the vendees ". Ahere the buyer receives a part of the goods and chattels sub2ect of an oral contract sale. . Ahere pursuant to verbal modication of a written contract of lease, where modication is totally opposite of what is written in the contract. 8euirements/ 1. 4ust appear clearly that full or complete performance has been made by one party@ !. 4ust be certain, denite, clear, unambiguous, and uneuivocal in its terms and as to sub2ect matter, aside from being fair, reasonable, and 2ust in its provisions. Procedure when partial performance is alleged/ E Ahen a party concerned has pleaded partial performance, such party is entitled to a reasonable chance to establish by parol evidence, the truth of his allegation, as well as the contract itself. III 5 Transactions outside the purview of the 'tatute of Frauds 1. Aills !. 8enunciation of Inheritance ". Partition of inheritance . Innominate contracts
-. Ac,isition o /wners!ip 0( Prescription – SCRA 3+ I 5 wnership, dened 1. It is an independent right of exclusive en2oyment and control of a thing for the purpose of deriving therefrom all the advantages reuired by the reasonable needs of the owner and the promotion of the general welfare but sub2ect to the restrictions imposed by law and the rights of others. !. It is the right by which a thing belongs to someone in particular, to the exclusion of all others. ". The entity of powers of use and dispersal allowed by law. It implies that there is some power of disposal@ but the owner of the thing is not necessarily the person who at a given time has the whole power of use and disposal. II 5 +lasses of Prescription 1. %cuisitive Prescription a. rdinary %cuisitive Prescription E The acuisition of ownership and other real rights through possession of things in good faith and with 2ust title for the time xed by law. 6%rticle 111G, *ew +ivil +ode7 b. #xtraordinary %cuisitive Prescription E %cuisition of ownership and other real rights through uninterrupted adverse possession for the period xed by law without need of title or good faith. !.
#xtinctive Prescription
III 5 8euisites of %cuisitive Prescription 1. +apacity of Parties E Parties who are capable of acuiring property of rights by other legal modes E 4inors and other incapacitated persons personally or through their parents, guardians or legal representatives !. E
Thing must be within the commerce of men %ll things which are within the commerce of men are susceptible of prescription
#xceptions/ a. nless otherwise provided b. Property of the 'tate or any of its divisions not patrimonial in character ".
Possession which must be/
a. In the concept of an owner b. Public c. Peaceful d. ninterrupted E % possessory information may ripen into title of ownership@ when no evidence that said possession had in the meantime been legally interrupted. E Possession is interrupted for the purpose of prescription, naturally or civilly 1. *atural interruption 5 when through any cause it should cease for more than 1 year. 6%rt. 11!>, *ew +ivil +ode7 !. +ivil interruption 5 produced by 2udicial summons to the possessor. 6%rt. 11!", *ew +ivil +ode7 . E E
Cust title must be proved It is never presumed, for the purpose of acuisitive prescription %n essential reuisite for acuisitive prescription to be availed of as occupation and use
D. E
#vidence of acuisitive prescription must be strong and clear 4ust be clear, complete, and conclusive
I: 5 %gainst whom prescription may run 6both acuisitive and extinctive prescription7 1. 4inors and other incapacitated persons 5 who have parents, guardians, or other legal representatives.
!. %bsentees 5 who have administrators, either appointed disappearance, or appointed by the court ". Persons living abroad 5 who have managers or administrators . Cudicial Persons 5 except the 'tate and its subdivisions
by
them
before
their
: 5 %gainst whom prescription does not run 1. Between husband and wife !. Between parents and children ". Between guardian and ward 6during continuance of guardianship7 . 'tate 6for reconveyance of lands7 D. %gainst continuing and subsisting trust #xception/ E Ahen there is fraud that was employed by the trustee prior to or simultaneous with the procurement of the property in his name
#. !e Concept an' A'vocac( o ,asi "elict – SCRA -3 The concept of uasiEdelict is founded on the principle of euity. The conseuences of fault or negligence of the later shall not be borne by the victim who is without fault. If you are the one who is negligent, then you should be liable for the damages of your act even if it was not deliberate. The elements of uasiEdelict are the following/ 1. Fault or negligence !. -amage of in2ury su0ered by the other person ". -irect causal relation between the fault or negligence and the resulting damage or in2ury %n action in uasiEdelict is Jpredicated on the existence of negligence. *egligence is the failure to observe for the protection of the interest of another person , that degree of care, precaution and vigilance which the circumstances 2ustly demand, whereby such other person su0ers in2ury. It depends on the situation and the nature of the obligation. There are obligations which merely reuire light diligence. There are obligations which reuire ordinary diligence. There are obligations which reuire extraordinary diligence. If you are in a situation where a law imposes an obligation to observe extraordinary diligence, but you only exercise light diligence, then you will be considered as negligent or at fault because you did not exercise the degree of diligence that is reuired of you under the circumstances. If you are driving at 1>> )ph in +laveria, would that be negligenceK Les, because of the circumstances of the place and of the time would reuire to drive slower. But what if you are in a highway 6at am, can that be considered negligenceK *o. For the !nd element, there must be damage or in2ury that is compensable. For the "rd element, the negligence or fault is the proximate cause of the damage. Lou can actually ma)e a causal relation or a logical connection between the fault or negligence and with the damage that was caused as a conseuence. In the case of rbano vs. I%+, proximate cause was dened as Mthat cause, which, in natural and continuous seuence, unbro)en by any e9cient intervening cause, produces the in2ury, and without which the result would not have occurredN. 'o, there should be a logical connection between the act committed and the subseuent in2ury or damage. In this case, it was not proved that his act was the proximate cause of the death.
*. Co&p,tation o Prescription o Cri&es – SCRA #+ %rt. ;1. +omputation of prescription of o0enses. O The period of prescription shall commence to run from the day on which the crime is discovered by the o0ended party, the authorities, or their agents, and shall be interrupted by the ling of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acuitted, or are un2ustiably stopped for any reason not imputable to him. The term of prescription shall not run when the o0ender is absent from the Philippine %rchipelago. The prescription shall be interrupted when the proceedings are instituted against the guilty person, and shall begin to run again if the proceedings are dismissed for reasons not constituting 2eopardy. 6'ec. !, %ct *o. ""!7 utline of the provisions/ 1. Period of prescription shall run from the day the crime is discovered by the o0ended party, the authorities or their agents. !. It is interrupted by ling o the complaint or information. ". It commences again when such proceedings terminate without the accused being convicted or acuitted or are un2ustiably stopped for any reason not imputable to him. . The term of prescription shall not run when the o0ender is absent from the Philippines.
). !e $,n'a&entals in oo' $ait! in Possession – SCRA *) %.
%scertainment of 3ood Faith
In ascertaining the intention by which one is actuated on a given occasion, we are necessarily controlled by the evidence as to the conduct and outward acts by which alone the inward motive may, with safety, be determined. 'o that it is that the honesty of intentionN, the honest lawful intentN, which constitutes good faith implies a freedom from )nowledge and circumstances which ought to put a person on in2uryN, and so it is that proof of such )nowledge overcome the presumption of good faith in which the court always indulge in the absence of proof to the contrary. B.
+haracteristics of 3ood Faith
3ood faith is always presumed. It is presumed that the right of the possessor is wellEfounded. Qowever, from the service of 2udicial summons there exists an act that the possessor )nows that his right is not secure, that someone disputes it and that he may yet lose it. n the date of the service of summons upon possessor, his possession in good faith is interrupted. #0ects of 3ood Faith on the 8ights of Possessor %.
*ecessary and useful expenses incurred
*ecessary expenses are incurred not for the improvement but for preservation. It is not intended to increase the value of the estate but to prevent its becoming useless such as expenses incurred in the repair of the house. seful expenses are incurred to give greater utility or productivity to the property such as expenses for the construction of a wall surrounding the estate, construction of irrigation system. B.
Fruits received before interruption of possession
%ll fruits received from the land before said legal interruption belongs to the possessor, but all fruits that he may receive after the legal interruption shall be delivered or paid by him to the owner. If there are no natural fruits, the reasonable rent from the time of the legal interruption shall be paid by the possessor to the owner. If it was proven that good faith of the possessor ceased even before the ling of the case, he must restore to the owner the fruits received from the time such good faith ceased, +.
-eterioration of the thing possessed
% possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the 2udicial summons.
14.
Signifcant Pro0le& 5nvolving C!anges in Possession – SCRA *)
4odes of %cuiring Possession a.
4aterial ccupation
4aterial occupation is recogniHed as the rst mode for acuiring possession. In fact, it is also a mode of acuiring ownership over things appropriable by nature which are without an owner with the exception of a piece of land. It is only the possession and not the ownership over the piece of land can be acuired, though possession may ripen into acuisitive prescription over the land possessed upon fullment of specic conditions. Possession in the eyes of law does not mean that a man has to have his feet on every suare meter of ground before it can be said that he is in possession. It is enough that he maintains possession and cultivation of a portion of the land provided that the remainder is not in adverse possession of another. b. 'ub2ecting to the %ction of the Aill or Proper %cts and &egal Formalities for its %cuisition Possession is also acuired by the fact that it is sub2ect to the action of our will or by the proper acts and legal formalities established for acuiring such right. 8ights %rising ut of Possession a. 8ights of #very Possessor 1. 8ight to be respected in his possession and should he be disturbed therein, he shall be protected in or restored to said possession by the means established by law and the 8ules of +ourt. !. 8ight to be reimbursed of necessary expenses. *ecessary expenses as distinguished from useful and expenses for pure luxury, are those made for preservation of the property without which the property would deteriorate or be lost. ". 8ight to recover lost movables. Ahile the possession of movable property acuired in good faith is euivalent to a title, nevertheless, one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession thereof but if the possessor has acuired in good faith at a public sale, the owner cannot obtain its return without reimbursement of the price paid thereof. b.
#0ect of good faith on the rights of the possessor
1. 8ight to the fruits. % possessor in good faith is entitled to the fruits received before the possession is legally interrupted. The fruits shall include natural fruits which are the spontaneous products of the soil and the young and other products of animals, industrial fruits which are produced through cultivation or labor and civil fruits which include rents of building, price of leases of lands and other property and the cost of perpetual and life annuities and other similar income. !. 8ight to indemnity. Ahile the owner of the land on which anything has been built, has the right to appropriate as his own the wor)s, the possessor in good faith on one hand has the right to indemnity for expenses incurred. nless, the builder or planter is obliged to buy the land or the owner chooses not to appropriate what has been built, planted or sown, the possessor in good faith shall be entitled by way of indemnity to a reimbursement of necessary and useful expenses. For expenses of pure luxury, the possessor may be entitled for indemnity if the owner chooses, otherwise he shall be entitled to remove the ornaments.
11.
Ac,isitive Prescription Against t!e State – SCRA )-
%. +lassication of 'tate Properties 1. Property of Public -ominion. %rt. !>. The following things are property of public dominion/ 617 Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the 'tate, ban)s, shores, roadsteads, and others of similar character@ 6!7Those which belong to the 'tate, without being for public use, and are intended for some public service or for the development of the national wealth. % property of the public dominion is outside the commerce of man and as such is not susceptible of purchase, acuisition or appropriation. !. Patrimonial Property. %rt. !1. %ll other property of the 'tate, which is not of the character stated in the preceding article, is patrimonial property. 6">a7 B. %dverse Possession of 'tate Properties 1. Property of Public -ominion. If a property of public dominion is mista)enly conveyed in favor of a private individual, the 'tate can still see) cancellation of title as the title has not become indefeasible for prescription cannot be invo)ed against the 'tate. !. Patrimonial Property. #ven if a property were possessed for a period of time which under the *ew +ivil +ode ripens into acuisitive prescription, if the property belongs to the 'tate, there would still be a need of a grant from the 'tate to conrm or legaliHe the imperfect tite of the possessor over a disposable public land. The application of prescription is not automatic as it still needs conrmation from the 'tate itself.
12.
Ac,isitive Prescription – SCRA #21
Prescription -ened/ %rticle 11> denes prescription as By prescription, one acuires ownership and other real rights through lapse of time in the manner and under the conditions laid down by law.N 8ights and %ctions are also lost by prescription. Basis of Prescription/ %cuisitive Prescription is based on the assertion by a usurper of an adverse right for such a long time, uncontested by the true owner of the right as to give rise to presumption that the latter has given up such right in favor of the former. #xtinctive Prescription is based on the probability, born of experience, that the alleged right which accrued in the distant past never existed or has already been extinguished@ or, if it exists, the inconvenience caused by the lapse of time should be borne by the party negligent in the assertion of his right. 8etroactivity of Prescription E The acuisition of ownership or other real rights through prescription is retroactive@ once the period is completed, the new owner is considered as having acuired the thing or right from the moment the period begins to run.
%+RI'ITI:# prescription or adverse possession and usurpation 6%rt. 111G7 !7
!7 The loss of a right of action by the lapse of time, )nown as #STI*+TI:# prescription or limitation of actions. 8euisites of %cuisitive Prescription/ 3eneral 8euisites are/ 17 +apacity to acuire prescription !7 % thing capable of acuisition by prescription "7 Possession of the thing under certain conditions 7 &apse of time provided by law *ote/ that the rst two reuisites are the same whether the prescription be ordinary or extraordinary, the last two vary for each )ind.
13.
"octrine o 6ac!es – SCRA +
&%+Q#' is 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@ it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. It has also been dened as such neglect or omission to assert a right ta)en in con2unction with the lapse of time and other circumstances causing pre2udice to an adverse party, as will operate as a bar in euity. The principle of laches is a creation of euity which, as such, is applied not really to penaliHe neglect or sleeping upon ones right, but rather to avoid recogniHing a right when to do so would result in a clearly ineuitable situation. %s an euitable defense, laches does not concern itself with the character of the defendants title, but only with whether or not by reason of the plainti0s long in action or inexcusable neglect, he should be barred from asserting this claim at all, because to allow him to do so would be ineuitable and un2ust to the defendant. The doctrine of laches or of stale demands is based upon grounds of public policy which reuires, for the peace of society, the discouragement of stale claims and . . . is principally a uestion of the ineuity or unfairness of permitting a right or claim to be enforced or asserted. The timeEhonored rule anchored on public policy is that relief will be denied to a litigant whose claim or demand has become MstaleM, or who has acuiesced for an unreasonable length of time, or who has not been vigilant or who has slept on his rights either by negligence, folly or inattention. "> In other words, public policy reuires, for the peace of society, the discouragement of claims grown stale for nonEassertion@ thus laches is an impediment to the assertion or enforcement of a right which has become, under the circumstances, ineuitable or unfair to permit. The following are the essential elements of laches/ 617 +onduct on the part of the defendant, or of one under whom he claims, giving rise to the situation complained of@ 6!7 -elay in asserting complainants right after he had )nowledge of the defendants conduct and after he has an opportunity to sue@ 6"7 &ac) of )nowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit@ and 67 In2ury or pre2udice to the defendant in the event relief is accorded to the complainant. 3.8. *o. 11!D1; *ovember 1, 1;; +%TQ&I+ BI'QP F B%&%*3%, respresented by +8I'P& T88I+, petitioner, vs. TQ# Q*. +8T F %PP#%&' and %4%*- -# &#*, respondent
1%.
!e "octrine o Estoppel 0( 6ac!es – SCRA 11)
#stoppel by laches or stale demandsN ordains that 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, or the negligence or omission to assert a right within a reasonable time, warrants a presumption that the party entitled to assert it either has abandoned it or declined to assert it. There is no absolute rule as to what constitutes laches@ it is addressed to the sound discretion of the court. Being an euitable doctrine, its application is controlled by euitable considerations. #stoppel by laches may be invo)ed to bar the issue of lac) of 2urisdiction only in cases in which the factual milieu is analogous to that in the cited case. In such controversies, laches should have been clearly present@ that is, lac) of 2urisdiction must have been raised so belatedly as to warrant the presumption that the party entitled to assert it had abandoned or declined to assert it. J% party may be estopped or barred from raising a uestion in di0erent ways and for di0erent reasons. Thus we spea) of estoppel in pais, of estoppel by deed or by record, and of estoppel by laches. &aches, in a general sense, is 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@ it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. The doctrine of laches or of stale demandsN is based upon grounds of public policy which reuires, for the peace of society, the discouragement of stale claims and, unli)e the statute of limitations, is not a mere uestion of time but is principally a uestion of the ineuity or unfairness of permitting a right or claim to be enforced or asserted.U 5 Ti2am vs 'ibongan It has been held that a party cannot invo)e the 2urisdiction of a court to secure a9rmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or uestion that same 2urisdiction. 6-ean vs. -ean, 1" r. ;, V %.&.8. G;7. In the case 2ust cited, by way of explaining the rule, it was further said that the uestion whether the court had 2urisdiction either of the sub2ect matter of the action or of the parties was not important in such cases because the party is barred from such conduct not because the 2udgment or order of the court is valid and conclusive as an ad2udication, but for the reason that such a practice cannot be tolerated O obviously for reasons of public policy.
1+.
Signifcant Application o t!e "octrine o Estoppel – SCRA %3
#stoppel is a bar which precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of 2udicial or legislative o9cers or by his own deed or representation, either expressed or implied. It concludes the truth in order to prevent fraud and falsehood, and imposes silence on a party only when in conscience and honesty he should not be allowed to spea). J-espite his passionate arguments, we are constrained to rule against petitioner on grounds of fairness and euity particularly on the principle of estoppel. In P*B v. +%,J1GU we held/ MThe doctrine of estoppel is based upon the grounds of public policy, fair dealing, good faith and 2ustice, and its purpose is to forbid one to spea) against his own act, representations, or commitments to the in2ury of one to whom they were directed and who reasonably relied thereon. The doctrine of estoppel springs from euitable principles and the euities in the case. It is designed to aid the law in the administration of 2ustice where without its aid in2ustice might result. It has been applied by this +ourt wherever and whenever special circumstances of a case so demand.MU
Technical #stoppels
#stoppel by record 5 the preclusion to deny the truth of matters set forth in a record, whether 2udicial or legislative, and also to deny the facts ad2udicated by a court of competent 2urisdiction #xample/ the conclusiveness of a 2udgment on the parties to a case #stoppel by deed 5 a bar which precludes one party to a deed and his privies from asserting as against the other party and his privies any right or title in derogation of the deed, or from denying the truth of any material facts asserted in it@ a written instrument is necessary for there to be estoppel by deed 'ome doctrines/ 1. If the deed or instrument is null and void because of the contract, there is no estoppel. !. rdinarily, the person estopped must be capacitated@ but a minor is clever enough to deceive others, estoppel may result. ". If a person, who is not a party to the instrument, notariHes the same, he is not in estoppel. !. #uitable #stoppel or #stoppel in Pais It arises when one by his acts, representations or admissions, or by his silence when he ought to spea) out, intentionally or through culpable negligence, induces another to believe certain facts to exist, and such other rightfully relies and acts on such belief, so that he will be pre2udiced if the former is permitted to deny the existence of such facts. It ta)es place in a situation where because if a party(s action or omission, he is denied the right to plead or prove an otherwise important fact.
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Attac7 on 8,ris'iction 9!en Barre' B( Estoppel B( 6ac!es – SCRA %-
% party may be estopped or barred from raising a uestion in di0erent ways and for di0erent reasons. Thus we spea) of estoppel in pais, of estoppel by deed or by record, and of estoppel by laches. &aches, in a general sense, is 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@ it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. The doctrine of laches or of stale demandsN is based upon grounds of public policy which reuires, for the peace of society, the discouragement of stale claims and, unli)e the statute of limitations, is not a mere uestion of time but is principally a uestion of the ineuity or unfairness of permitting a right or claim to be enforced or asserted. It has been held that a party cannot invo)e the 2urisdiction of a court to secure a9rmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or uestion that same 2urisdiction. 6-ean vs. -ean, 1" r. ;, V %.&.8. G;7. In the case 2ust cited, by way of explaining the rule, it was further said that the uestion whether the court had 2urisdiction either of the sub2ect matter of the action or of the parties was not important in such cases because the party is barred from such conduct not because the 2udgment or order of the court is valid and conclusive as an ad2udication, but for the reason that such a practice cannot be tolerated O obviously for reasons of public policy. There are three cases decided by the Qonorable 'upreme +ourt which may be worthy of consideration wherein the Qonorable 'upreme +ourt frowned upon the $undesirable practice( of appellants submitting their case for decision and then accepting the 2udgment, if favorable, but attac)ing it for lac) of 2urisdiction when adverse. +onsidering, however, that the 'upreme +ourt has the $exclusive( appellate 2urisdiction over $all cases in which the 2urisdiction of any inferior court is in issue( 6'ec. 1, Par. "J"U, Cudiciary %ct of 1;V, as amended7.
