*
G.R. No. 90365. March 18, 1991.
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* SECOND DIVISION.
356
357
February 25, 1986, less than a year had elapsed, and therefore
the action has not yet prescribed. Moreover, considering the
additional fact that petitioner Vicente T. Tan was a detention
prisoner up to the end of the former regime, it is likewise clear
that he is not guilty of laches. While it may be said cavalier-like,
that despite being a detention prisoner, Tan could have filed the
action thru his lawyers, this is easier said than done. Tan knew
he had little chance of indication when the highest official of the
land seemed to be his mortal enemy.
SARMIENTO, J.:
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1 CA-G.R. SP No. 12706; Nocon, Rodolfo, PJ., ponente; Cacdac, Jr., Bonifacio
and Victor, Luis, JJ., Concurring.
358
359
360
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361
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362
363
VOL. 195, MARCH 18, 1991 363
Tan vs. Court of Appeals
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6 Rollo, id., 63-64.
7 Id., 26.
8 G.R. No. 85868, October 13, 1989, 178 SCRA 326.
364
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366
367
ART. 1154. The period during which the obligee was prevented by
a fortuitous
11
event from enforcing his right is not reckoned against
him.
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10 Id., 58-62.
11 CIVIL CODE, supra, art. 1154.
368
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369
13
tions;”
2. Was ably represented by competent 14
counsel, Atty.
Norberto Quisumbing, throughout;
3. Filed with this Court a petition to stop the trial of
the criminal cases pending against him with the
Military Commission No. 5 and succeeded in
obtaining a temporary restraining order.
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370
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17 Id., 61.
371
that the acts were done in the manner alleged. Such a bare
statement neither establishes any right or cause of action on the
part of the plaintiff-appellant. It is a mere conclusion of law not
sustained by declarations of facts, much less admitted by
defendants-appellees. It does not, therefore, aid in any wise the
complaint in setting forth a cause of action. Defendants-appellees
18
are not fairly apprised of the act or acts complained of.
xxx xxx xxx
DISSENTING OPINION
PARAS, J.:
I dissent.
The facts in this case are simple enough: Vicente T. Tan,
one of the petitioners herein, was one of the principal
stockholders
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372
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