147406, July 14, 2008 D E C I S I O N (3rd Division) Estoppel literally means- ‘to stop’. Prescription is by lapse of time in accordance with law; thus, law sets the time after which prescription sets in. Case law on the relationship between proprietary estoppel and laches is few and far between. In PNOC Shipping and Transport Corporation v. Court of Appeals, we held: Moreover, we note that petitioner did not question at all the jurisdiction of the lower court x x x in its answers to both the amended complaint and the second amended complaint. This is an estoppel. The Supreme Court has defined laches 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; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled thereto either has abandoned it or declined to assert it. Sibonghanoy on the matter of jurisdiction by estoppel is the exception rather than the rule. 19 No. 162890, November 22, 2005, 475 SCRA 743. estoppel and waiver allowed, laches not raised). 139031, October 18, 2004, 440 SCRA 389. CASE DIGEST: Director of Lands v. Funtilar (G.R. Laches is unreasonable delay in the bringing of a cause of action before the courts of justice. 154295, July 29, 2005, 465 SCRA 320. Equitable estoppel stops a party from taking actions that are contrary to their previous behavior. Succession, generally and technically (Paras). doctrine of equitable estoppel or estoppel by laches: In Tijam v. Sibonghanoy (131 Phil. Clearly, the factual settings attendant in Sibonghanoy are not present in the case at bar. It is to be applied rarely only from necessity, and only in extraordinary circumstances. The reason is that jurisdiction is conferred by law, and lack of it affects the very authority of the court to take cognizance of and to render judgment on the action. 1962) (rule 10b-5 case, estoppel, waiver, and laches allowed). The lack of jurisdiction of a court may be raised at any stage of the proceedings, even on appeal. It did so only in its motion for reconsideration of the decision of the lower court after it had received an adverse decision. Basics of prescription according to Paras. No. The Court frowns upon the undesirable practice of a party participating in the proceedings and submitting his case for decision and then accepting judgment, only if favorable, and attacking it for lack of jurisdiction, when adverse (Producers Bank of the Philippines v. NLRC, 298 SCRA 517 [1998], citing Ilocos Sur Electric Cooperative, Inc. v. NLRC, 241 SCRA 36 [1995]). n. A doctrine that prevents a person from suing for some grievance that happened far in the past or otherwise seeking to enforce some right that he or she should have addressed long ago, on the assumption that the party with the claim has been… Wikipedia explains that laches refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing [defending] party. Equitable Estoppel-Such estoppels which have not been provided by any statute is called equitable estoppel. Notably, from the time it filed its answer to the second amended complaint on April 16, 1985, petitioner did not question the lower court's jurisdiction. The best examples of equitable estoppels are there in Section 41 and 43 of Transfer of Property Act, 1882. 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