This case has been cited 2 times or more.
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2013-04-11 |
MENDOZA, J. |
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| As previously mentioned, in Velez, [48] the Court stated that the rotation system applies to the election of the EVP only and considered the service of then EVP De Vera, representing the Eastern Mindanao region, as having completed the first rotational cycle. For said reason, the Court affirmed the election of Salazar of Bicolandia as EVP. The Court explained that the rotation cycle with respect to the presidency would have been completed with the succession of EVP De Vera as IBP-President. The specific words used in Velez [49] were: In Bar Matter 491, it is clear that it is the position of IBP EVP which is actually rotated among the nine Regional Governors. The rotation with respect to the Presidency is merely a result of the automatic succession rule of the IBP EVP to the Presidency. Thus, the rotation rule pertains in particular to the position of IBP EVP, while the automatic succession rule pertains to the Presidency. The rotation with respect to the Presidency is but a consequence of the automatic succession rule provided in Section 47 of the IBP By-Laws. | |||||
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2010-01-25 |
VILLARAMA, JR., J. |
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| There is no absolute rule on what constitutes laches. It is a creation of equity and applied not really to penalize neglect or sleeping upon one's rights but rather to avoid recognizing a right when to do so would result in a clearly inequitable situation. The question of laches, we said, is addressed to the sound discretion of the court and each case must be decided according to its particular circumstances.[24] Verily, in a number of cases, it had been held that laches, the essence of which is the neglect to assert a right over a long period of time, may prevent recovery of a titled property.[25] | |||||