This case has been cited 2 times or more.
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2005-08-08 |
TINGA, J. |
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| Indeed, a petition for annulment of judgment was, at that point, the only viable remedy for respondent to avail of,[19] and it was utilized only one year after respondent learned of the existence of Civil Case No. 10173. Laches has been defined as 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 negligence or omission to assert a right within a reasonable time, warranting presumption that the party entitled to assert it has abandoned it or declined to assert it.[20] Considering that a petition for annulment of judgment based on extrinsic fraud may be filed within four (4) years from discovery of the fraud, a similar petition based on lack of jurisdiction is generally not barred by laches or estoppel if the petition is filed within one year after petitioner learns of the questioned decision. This moreover holds true, as in this case, since respondent is a foreign resident restrained by time and distance to undertake an immediate and proximate response, such as judicial recourse. | |||||
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2005-07-08 |
TINGA, J. |
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| Indeed, a petition for annulment of judgment was, at that point, the only viable remedy for respondent to avail of,[19] and it was utilized only one year after respondent learned of the existence of Civil Case No. 10173. Laches has been defined as 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 negligence or omission to assert a right within a reasonable time, warranting presumption that the party entitled to assert it has abandoned it or declined to assert it.[20] Considering that a petition for annulment of judgment based on extrinsic fraud may be filed within four (4) years from discovery of the fraud, a similar petition based on lack of jurisdiction is generally not barred by laches or estoppel if the petition is filed within one year after petitioner learns of the questioned decision. This moreover holds true, as in this case, since respondent is a foreign resident restrained by time and distance to undertake an immediate and proximate response, such as judicial recourse. | |||||