In this case, however, as aptly held by the RTC and CA, Norma is estopped from invoking the rule on indispensable party. Estoppel by laches or “stale demands” ordains that 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, or the negligence or omission to assert a right within a reasonable time, warrants a presumption that the party entitled to assert it either has abandoned it or declined to assert it.[51] There is no absolute rule as to what constitutes laches; it is addressed to the sound discretion of the court. Being an equitable doctrine, its application is controlled by equitable considerations.[52]
The CA has thoroughly explained the circumstances showing Norma’s knowledge of the existence of the pending litigation involving the subject property which includes the portion registered in her name. We quote with approval the exhaustive observations and explanations of the CA in this wise:
[Records show] that petitioner Norma D. Garcia had knowledge of the existence of Civil Case No. Q-36147 [for reconveyance] as well as the subject thereof. The Amended Complaint dated 26 October 1982 specifically mentioned petitioner Benjamin Garcia as being married to herein petitioner Norma Dimalanta Garcia. It even alleged in paragraph 14 thereof that the property covered by TCT No. 207210 in the name of Rita Garcia-Shipley was transferred to petitioner Norma Dimalanta Garcia by virtue of a Deed of Sale dated 22 August 1979 executed between petitioner Norma Garcia and Rita Garcia-Shipley and resulted to the registration and issuance of TCT No. 278765, now TCT No. 66234, in the name of Norma Garcia married to Benjamin Garcia. Likewise, in paragraph 15 of the said Amended Complaint, private respondents alleged that demands were made on Rita Garcia-Shipley, Benjamin Garcia and Norma D. Garcia for the conveyance to them (plaintiffs) of their legitimate shares.
Further, the private respondents alleged in their Comment dated 10 January 1997, that petitioner Norma D. Garcia was very much aware of the existence of Civil Case No. Q-36147 as the same involves the estate of her deceased parent-in-law Emilio Garcia from which her property covered by TCT No. 66234 came from; that she knew very well that her property is involved in the litigation yet she did not take steps to have the same excluded therefrom, and that she even participated actively during the trial of the case and testified to support the theory put up by the defendants. Petitioner Norma Garcia’s filing of the Petition for Quieting of Title with [the] RTC of Quezon City docketed as Q-93-17396 raffled to Branch 103 (Judge Jaime N. Salazar, Jr.) supports private respondents’assertion of petitioner Norma Garcia’s knowledge of the existence and subject matter of the reconveyance case (Civil Case No. Q-36147) as she categorically stated in paragraph 6 of said Petition that said case for reconveyance of property apparently includes the property registered in her name. x x x
x x x x
We, therefore, find that petitioner Norma Garcia is estopped by laches from invoking the rule on indispensable parties. Taking into consideration the established circumstances surrounding the transfer in her name of the parcel of land covered by TCT No. 66234 (278765), her non-joinder as an indispensable party is a mere technicality that cannot prevail over considerations of substantial justice. x x x[53]
Indeed, evidence clearly shows that Norma had knowledge of the existence and the pendency of the reconveyance case filed by respondents against her husband Benjamin, Rita, and Monica and her children. She is now estopped from claiming that the RTC had not acquired jurisdiction over her and thus not bound by the decision sought to be executed.[54] The RTC, therefore, did not abuse its discretion in denying petitioners’ urgent motion to quash the writ of execution.
