Laches, on the other hand, is an equitable doctrine that bars a claim due to a party’s undue delay in asserting a right, which results in prejudice to the opposing party. Unlike prescription, laches is not based on a fixed statutory period but rather on the principle of equity. It considers the effect of the delay rather than the mere passage of time. Laches applies when there is a change in the condition of the property or the relations of the parties that makes it inequitable to enforce the original right [J1, J2, J4].
vs. Prescription
Prescription refers to the acquisition or loss of rights through the passage of time as prescribed by law. It is a statutory concept, meaning it is governed by specific legal provisions that set fixed time periods within which certain actions must be taken. There are two types of prescription: acquisitive prescription, where one acquires ownership or other real rights through continuous possession over a period, and extinctive prescription, where the right to bring an action is lost due to inaction over a specified time. [Lorenzo vs. Eustaquio, G.R. No. 209435]
In summary, while both concepts involve delay, prescription is a matter of legal time limits, whereas laches focuses on the fairness of allowing a claim to proceed after a delay.
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