TIJAM vs SIBONGHANOY
January 08, 1963 – 5 days
after the surely received notice of the decision, it filed a motion asking for
extension of time within which to file a motion for reconsideration. Appellees
action was filed in the Court of First Instance of Cebu, July 19, 1948 for the
recovery of 1,908.00 Pesos.
RA 296, Judiary Act 1948 –
Section 88 of which placed within the jurisdiction of inferior court all civil
actions where the value of the subject matter or the amount of demand does not
go beyond 2,000 Pesos, exclusive of interest and costs that the Court of First
Instance of Cebu has no Jurisdiction.
The Court is in Opinion that Surety
is now barred by laches from invoking the plea at this late hour for the
purpose of annulling everything done heretofore in the case with its active
participation.
Definition of Laches:
Failure of neglect, for an
unreasonable and unexplained length of time, to do that which, by exercising
due diligence, could or should have been earlier, it is negligence or
commission to assert a right within a reasonable time, warranting a presumption
that the party entitle to assert it has abandoned it or declines to assert it.
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