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    The case discusses the principle of laches, which refers to the failure to assert a right for an unreasonable amount of time. Specifically, it summarizes that the defendant failed to raise the question of jurisdiction in a timely manner, only doing so after receiving an adverse decision from the Court of Appeals. Allowing this would render useless all prior proceedings in the case that had occurred over several years and force the judgment creditors to restart their case, which would be inequitable and unfair.

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    The case discusses the principle of laches, which refers to the failure to assert a right for an unreasonable amount of time. Specifically, it summarizes that the defendant failed to raise the question of jurisdiction in a timely manner, only doing so after receiving an adverse decision from the Court of Appeals. Allowing this would render useless all prior proceedings in the case that had occurred over several years and force the judgment creditors to restart their case, which would be inequitable and unfair.

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    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
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    Download as odt, pdf, or txt
    12 views1 page

    Cases and Principles

    Uploaded by

    Kristine Diamante
    The case discusses the principle of laches, which refers to the failure to assert a right for an unreasonable amount of time. Specifically, it summarizes that the defendant failed to raise the question of jurisdiction in a timely manner, only doing so after receiving an adverse decision from the Court of Appeals. Allowing this would render useless all prior proceedings in the case that had occurred over several years and force the judgment creditors to restart their case, which would be inequitable and unfair.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
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    Download as odt, pdf, or txt
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    JURISDICTION

    Tijam Vs Sibonghanoy

    Laches, in a general sense is 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; it is negligence or
    omission to assert a right within a reasonable time, warranting a presumption that the party entitled to
    assert it either has abandoned it or declined to assert it.

    It was only after an adverse decision was rendered by the Court of Appeals that it finally woke up to
    raise the question of jurisdiction. Were we to sanction such conduct on its part, We would in effect be
    declaring as useless all the proceedings had in the present case since it was commenced on July 19,
    1948 and compel the judgment creditors to go up their Calvary once more. The inequity and unfairness
    of this is not only patent but revolting.

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