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THOMAS BUYAYAO v. ITOGON MINING COMPANY

This case has been cited 1 times or more.

2005-08-28
TINGA, J.
In our jurisdiction, it is an enshrined rule that even a registered owner of property may be barred from recovering possession of property by virtue of laches.[32] Thus, in the case of Lola v. Court of Appeals,[33] this Court held that petitioners acquired title to the land owned by respondent by virtue of the equitable principles of laches due to respondent's failure to assert her claims and ownership for thirty-two (32) years.  In Miguel v. Catalino,[34] this Court said that appellant's passivity and inaction for more than thirty-four (34) years (1928-1962) justifies the defendant-appellee in setting up the equitable defense of laches in his behalf. Likewise, in the case of Mejia de Lucas v. Gamponia,[35] we stated that while the defendant may not be considered as having acquired title by virtue of his and his predecessor's long continued possession for thirty-seven (37) years, the original owner's right to recover possession of the property and the title thereto from the defendant has, by the latter's long period of possession and by patentee's inaction and neglect, been converted into a stale demand.[36]