This case has been cited 4 times or more.
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2003-03-26 |
YNARES-SANTIAGO, J. |
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| Evidently, petitioner cannot feign ignorance of the existence of the penalty clause in the compromise agreement approved by the court. Even assuming that Atty. Leonardo Cruz exceeded his authority in inserting the penalty clause, the status of the said clause is not void but merely voidable, i.e., capable of being ratified.[17] Indeed, petitioner's failure to question the inclusion of the 2% monthly interest and 25% attorney's fees in the judicial compromise despite several opportunities to do so was tantamount to ratification. Hence, he is estopped from assailing the validity thereof.[18] | |||||