This case has been cited 1 times or more.
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2001-10-17 |
KAPUNAN, J. |
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| The Court agrees with petitioners that the appellate court could have resolved the issue of prescription when the case was brought to it on appeal. The records clearly show that petitioners pleaded the defense of prescription at the trial court level.[16] Moreover, this Court has held in several cases that failure to plead the defense of prescription will not amount to a waiver thereof where the plaintiff's own allegation in the complaint or the evidence it presented shows that the action had already prescribed.[17] | |||||