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    Compromise

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    Alyfeee Valdes
    This document discusses compromise and alternative dispute resolution. It defines compromise as a contract where parties avoid litigation or end existing litigation by making reciprocal concessions. It notes that courts shall encourage compromise in civil cases. It also discusses rules around compromising civil liability from offenses, issues that cannot be compromised like civil status or future support, and circumstances where a compromise can be rescinded such as discovery of new documents or failure to abide by the compromise. Compromise has the effect of res judicata but requires judicial approval in some cases such as those involving minors.

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    Compromise

    Uploaded by

    Alyfeee Valdes
    29 views2 pages
    This document discusses compromise and alternative dispute resolution. It defines compromise as a contract where parties avoid litigation or end existing litigation by making reciprocal concessions. It notes that courts shall encourage compromise in civil cases. It also discusses rules around compromising civil liability from offenses, issues that cannot be compromised like civil status or future support, and circumstances where a compromise can be rescinded such as discovery of new documents or failure to abide by the compromise. Compromise has the effect of res judicata but requires judicial approval in some cases such as those involving minors.

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    4. Compromise

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    This document discusses compromise and alternative dispute resolution. It defines compromise as a contract where parties avoid litigation or end existing litigation by making reciprocal concessions. It notes that courts shall encourage compromise in civil cases. It also discusses rules around compromising civil liability from offenses, issues that cannot be compromised like civil status or future support, and circumstances where a compromise can be rescinded such as discovery of new documents or failure to abide by the compromise. Compromise has the effect of res judicata but requires judicial approval in some cases such as those involving minors.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views2 pages

    Compromise

    Uploaded by

    Alyfeee Valdes
    This document discusses compromise and alternative dispute resolution. It defines compromise as a contract where parties avoid litigation or end existing litigation by making reciprocal concessions. It notes that courts shall encourage compromise in civil cases. It also discusses rules around compromising civil liability from offenses, issues that cannot be compromised like civil status or future support, and circumstances where a compromise can be rescinded such as discovery of new documents or failure to abide by the compromise. Compromise has the effect of res judicata but requires judicial approval in some cases such as those involving minors.

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    © All Rights Reserved
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    of 2

    ALTERNATIVE DISPUTE RESOLUTION WEEK 2 | Atty. Alejandro F.

    Vivas II | Monday 5:00 - 8:00 PM

    4. Compromise
    Arts. 2028-2041, Ch. 1, Title XIV, Book IV, R.A. No. 386
    TITLE XIV
    Compromises and Arbitrations
    CHAPTER 1
    Compromises
    ARTICLE 2028. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or
    put an end to one already commenced. (1809a)
    ARTICLE 2029. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise.
    (n)
    ARTICLE 2030. Every civil action or proceeding shall be suspended:
    (1) If willingness to discuss a possible compromise is expressed by one or both parties; or
    (2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible
    compromise but the other party refused the offer.
    The duration and terms of the suspension of the civil action or proceeding and similar matters shall be governed by such
    provisions of the rules of court as the Supreme Court shall promulgate. Said rules of court shall likewise provide for the
    appointment and duties of amicable compounders. (n)
    ARTICLE 2031. The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for
    a compromise. (n)
    ARTICLE 2032. The court’s approval is necessary in compromises entered into by guardians, parents, absentee’s
    representatives, and administrators or executors of decedent’s estates. (1810a)
    ARTICLE 2033. Juridical persons may compromise only in the form and with the requisites which may be necessary to
    alienate their property. (1812a)
    ARTICLE 2034. There may be a compromise upon the civil liability arising from an offense; but such compromise shall
    not extinguish the public action for the imposition of the legal penalty. (1813)
    ARTICLE 2035. No compromise upon the following questions shall be valid:
    (1) The civil status of persons;
    (2) The validity of a marriage or a legal separation;
    (3) Any ground for legal separation;
    (4) Future support;
    (5) The jurisdiction of courts;
    (6) Future legitime. (1814a)
    ARTICLE 2036. A compromise comprises only those objects which are definitely stated therein, or which by necessary
    implication from its terms should be deemed to have been included in the same.
    ALTERNATIVE DISPUTE RESOLUTION WEEK 2 | Atty. Alejandro F. Vivas II | Monday 5:00 - 8:00 PM

    A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the
    subject of the compromise. (1815)
    ARTICLE 2037. A compromise has upon the parties the effect and authority of res judicata; but there shall be no
    execution except in compliance with a judicial compromise. (1816)
    ARTICLE 2038. A compromise in which there is mistake, fraud, violence, intimidation, undue influence, or falsity of
    documents, is subject to the provisions of article 1330 of this Code.
    However, one of the parties cannot set up a mistake of fact as against the other if the latter, by virtue of the compromise,
    has withdrawn from a litigation already commenced. (1817a)
    ARTICLE 2039. When the parties compromise generally on all differences which they might have with each other, the
    discovery of documents referring to one or more but not to all of the questions settled shall not itself be a cause for
    annulment or rescission of the compromise, unless said documents have been concealed by one of the parties.
    But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as
    shown by the newly-discovered documents. (n)
    ARTICLE 2040. If after a litigation has been decided by a final judgment, a compromise should be agreed upon, either or
    both parties being unaware of the existence of the final judgment, the compromise may be rescinded.
    Ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise. (1819a)
    ARTICLE 2041. If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the
    compromise or regard it as rescinded and insist upon his original demand. (n) acd
    Art. 151, Ch. 1, Title V, Executive Order (E.O.) No. 209 (Family Code of the Philippines)
    Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint
    or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no
    such efforts were in fact made, the same case must be dismissed.
    This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. (222a)

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