It is the cardinal principle in Land Registration that a torrens title is indefeasible and imprescriptible.
However, it is not absolute.
Public policy requires, for the peace of society, the discouragement of claims grown stale for non-assertion; thus laches is an impediment to the assertion or enforcement of a right which has become, under the circumstances, inequitable or unfair to permit.
The following are the essential elements of laches:
(1) Conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation complained of;
(2) Delay in asserting complainant's right after he had knowledge of the defendant's conduct and after he has an opportunity to sue;
(3) Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; and
(4) Injury or prejudice to the defendant in the event relief is accorded to the complainant.
[G.R. No. 112519. November 14, 1996]
CATHOLIC BISHOP OF BALANGA, represented by CRISPULO TORRICO, vs. THE HON. COURT OF APPEALS and AMANDO DE LEON.
