ESTEBAN, Maverick Jann M.

DLSL – COL, Property

#151 Differences between prescription and laches

PRESCRIPTION
Prescription is concerned with the lapse Not concerned merely with lapse of time
of time, i.e., the fact of the delay;
It is a question or matter of time;
Prescription is statutory;
Prescription applies at law;
Prescription is based on a fixed time.
LACHES
for it deals with the effect of
unreasonable delay, i.e., the guilty party
had an opportunity to assert his claim
but failed to do so;
It is principally a question of the inequity
or unfairness of permitting a stale right
or claim to be enforced or asserted, this
inequity being founded on some change
in the condition or the relation of the
parties;
It is not statutory;
It applies in equity;
Laches is not based on a fixed time.