Compromise agreement can be rescinded or litigated as aggrieved party wishes

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Persida Acosta

Persida Acosta

Dear PAO,
The father of my son and I agreed in writing that he will give a monthly support of P10,000 to the child. He, however, failed to fulfill his obligation because he disappeared just three days after we signed a notarized agreement. I found out three months later that he is in Manila with another woman. What will happen to our compromise agreement?
Morry

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Dear Morry,
Before we answer your query, we find it necessary to expound the concept of a compromise agreement. The New Civil Code of the Philippines defines a compromise agreement as follows:

“Art. 2028. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced.”

Clearly, the very purpose of a compromise agreement is to avoid litigation in court, whereby the adverse parties settle their differences amicably without court intervention, or to stop one that has already started. If a compromise agreement has already been concluded and one of the parties thereto refused to comply with his/her obligation as may be provided therein, the other party may opt either to disregard the agreement and seek recourse in court or to execute the stipulation in the contract that has already been agreed upon. This is explicitly provided by Article 2041 of the New Civil Code of the Philippines, to wit:

“Art. 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parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand.”

Applying the foregoing to your question, you being the aggrieved party in the agreement you entered into with the father of your son have the right to choose whether to rescind the agreement and pursue a case in court for the purpose of securing sufficient support for your son, or enforce the agreement. If you opt to cancel the agreement, you will need to file a case in court to compel the father of your son to give adequate support to the child. Otherwise, file an appropriate action in court for the execution of the agreement.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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