WE have ruled before that the doctrine of stale demands laches can work even against the owner of registered lands Mejia de Lucas vs. Is there Identity of cause of action between the first and second actions The answer is yes. That the dividing items of the repartition stated in the preceding paragraph hereof shall be running from "East and West", much that the share be on the southern portion of the aforesaid land; that Cirila Morante, the portion north to the share of the heirs of Francisco Morante; and that the portion worth of Cirila Morante share shall be the share of Agripino Morante. If this were the case, he should have presented the deeds of sale when Civil Case No.
Aquino, J, concurs in the result. On October 22, , the Court of Appeals reversed the same in favor of the plaintiffs for the partition of those portions not yet partitioned among the heirs of Lorenzo Morante being unlawfully held by defendants since the death of aforesaid Lorenzo Morante in and for the payment of the proportionate produce corresponding to the legitimate shares of the plaintiffs from the year pp.
WE now go to the point of laches. Pangasinan Transportation Company, Inc.
The case was elevated on appeal to the then Court of Appeals. Anent the partition of the still undivided portions of the land in question, the order of the lower court contained the agreement of the parties, to wit:
Indeed, equity aids the vigilant, not those who slumber on their rights Trapp vs. WE find this appeal without merit. Agripino Morante, Cirila Morante and Francisco Morante, the latter is represented herein by his heirs, the plaintiffs in this case. On April 17, , the lower court issued its order embodying the partition of those undivided portions of the land and the damages to be paid by the defendants.
That as the land comprised in Exh. The question of laches is addressed to the sound discretion of the court; and since laches is an equitable doctrine, its application is controlled by equitable considerations Sotto vs. WE now go to the point of laches.
Posted by: Faehn | on October 2, 2012
There is no dispute regarding the Identity of subject matter between the previous case for partition Civil Case No. Applying the above requisites, there can be no question that the present case is foreclosed by the decision in Civil Case No. The strategy of plaintiff-appellant cannot be upheld.
The defendants filed their answer on April 17, The case was remanded to the Court of First Instance anew with the specific order to partition among the corresponding heirs of Lorenzo Morante the portion of the lands left unpartitioned and to receive evidence on the damages to be paid by the defendants to the plaintiffs defendants herein and thereafter to render judgment. The court in this incident now, and converting the pre-trial into the hearing of the affirmative defenses, concludes that the same parties are involved and the same issues and the same parcels of land which had been already adjudicated by the appellate court, the Court of Appeals, are involved.
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