TIJAM vs SIBONGHANOY

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.

Maech Medina | Case Digest