Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
2028-2046)
DEFINITION:
COMPROMISES - is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to
one already commenced. (Article 2028)
ESSENCE:
The element of reciprocal concessions is the very heart and life of every compromise.
CHARACTERISTICS:
(1) Consensual
(2) Reciprocal
(3) Nominate
(4) Onerous
(5) Accessory (a prior conflict is presupposed)
(6) Once accepted, it is binding on the parties, provided there is no vitiated consent
(7) Principally settlement of a controversy; Incidentally settlement of a claim.
KINDS:
(1) JUDICIAL to end a pending litigation
(2) EXTRAJUDICIAL to prevent a litigation from arising
Article 2029. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise.
(1) Duty of the Court to Persuade Litigants to Compromise
REASON: litigation must, if possible, be avoided or minimized.
(2) Right of Attorney to Compromise for His Client
* The Rules of Court require a special authority before a attorney can compromise in behalf of his client.
- Written Authority
- Oral Authority must be duly established by evidence other than self-serving assertion of counsel himself that such
authority had been given to him orally.
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 shall likewise provide for the appointment and duties of amicable compounders.
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While postponements must be discouraged, still they can be allowed when the parties are trying to reach an
amicable settlement.
It refers only to a compromise, upon terms that the court can ascertain and determine if they are reasonable.
A compromise could dispense with a trial; but an arbitration would merely prolong the case, since the arbiters
decision would remain appealable.
Article 2031. The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for
compromise.
Art. 2032. The courts approval is necessary in compromises entered into by guardians, parents, absentees
representatives, and administrators or executors of decedents estates.
OTHER RULES:
1) An agent needs a special power to compromise. (Art 1878, CC)
2) If an attorney is not authorized by the client, he cannot compromise his clients claim. Unless, the client fails to
repudiate promptly the act after knowing of it, in which case the client will be in estoppel.
3) Art 225 of the Family Code, does not give the widow the authority as the legal administratix to compromise the children
under parental authority claims for indemnity arising from the from their fathers death.
Art 2033. Juridical persons may compromise only in the form and with the requisites which may be necessary to alienate
their property.
RULES FOR COMPROMISE ENTERED INTO BY JURIDICAL PERSONS
a. A corporation may compromise thru authority granted by the Board of Directors.
b. The Municipal Council can also compromise provided that the legal requirements for the alienation of property are
complied with, and provided further that the provincial approves the compromises.
Art 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.
Generally, No Compromise on Criminal Aspect
If a crime has been committed, there can be a compromise on the civil liability but not on the criminal liability. When
Compromise is allowed In some crimes, there can be a sort of compromise as in the case of crimes against chastity and
violations of the Internal Revenue Code.
In a civil case, the compromise must be entered into before or during litigation, never after final judgment.
The compromise during litigation may even be in the form of a confession of judgment.