Effect Of Compromise Agreement Philippines

The very purpose of a compromise agreement is clearly to avoid litigation in the courts in which the parties have settled their disputes amicably without judicial intervention, or which put an end to a process already begun. Where a compromise agreement has already been reached and one of the parties refuses to fulfil its commitment, the other party may either not respect the agreement and lodge an appeal in court or comply with the provision agreed in the agreement already concluded. This is expressly provided for in Article 2041 of the New Civil Code of the Philippines, to say that there are no specific rules in this jurisdiction governing third-party cases and that a party to the trial would normally be free to obtain its funds. However, an agreement in which a lawyer agrees to bear the costs of the client`s rights implementation procedure is champertous (Roxas/Republic Real Estate Corp, G R No. 208205, June 1, 2016). A proposed contract is considered to be contrary to public policy because it is contrary to the fiduciary relationship between the lawyer and his client, whose weakness or discrimination may be exploited by the former (Nocom/Camerino, G R No. 182984, February 10, 2009). By applying the above to your question, you, as a victim of the agreement you have reached with your son`s father, have the right to choose to revoke the contract and to proceed in court to provide sufficient support to your son or to enforce the agreement. If you decide to terminate the contract, you will have to file a case in court to force your son`s father to provide appropriate support to the child. If not, you will take legal action to enforce the agreement.

Can the parties reach a settlement agreement to make the court decision after the appeal? Yes, yes. The parties are authorized to enter into compromise or transaction agreements covering cases that are still being tried, appealed or even in cases already definitively decided. There is no limit to when a compromise or settlement agreement can be reached (Magbanua v Uy, G R No. 161003, May 6, 2005). The filing of an appeal does not limit the parties` ability to enter into compromise or transaction agreements, unless such agreements are contrary to law, morality, good practice or public policy. However, Article 2935 of the Civil Code of the Philippines provides that no compromise applies to the following questions: Dear Morry, Before answering your question, we believe it is necessary to present the concept of a compromise agreement. The new Philippine civil code defines a compromise agreement as follows: the main revisions to the mediation rules, which came into force on September 7, 2018, are: “Art. 2028. A compromise is a treaty in which the parties avoid, through reciprocal concessions, disputes or terminate a contract already begun. “Art. If one of the parties fails or refuses to respect the compromise, the other party can either pass the compromise or consider it to be repealed and insist on its original application. Dear PAO, My son`s father and I agreed in writing that he would give a P10,000 a month to the child. However, he did not follow through on his commitment because he disappeared only three days after signing a notarized agreement.

Comments are closed.