This case has been cited 3 times or more.
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2009-07-31 |
NACHURA, J. |
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| A compromise agreement intended to resolve a matter already under litigation is a judicial compromise. Having judicial mandate and entered as its determination of the controversy, such judicial compromise has the force and effect of a judgment. It transcends its identity as a mere contract between the parties, as it becomes a judgment that is subject to execution in accordance with the Rules of Court. Thus, a compromise agreement that has been made and duly approved by the court attains the effect and authority of res judicata, although no execution may be issued unless the agreement receives the approval of the court where the litigation is pending and compliance with the terms of the agreement is decreed.[5] | |||||
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2009-06-22 |
NACHURA, J. |
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| A compromise agreement intended to resolve a matter already under litigation is a judicial compromise. Having judicial mandate and entered as its determination of the controversy, it has the force and effect of a judgment. It transcends its identity as a mere contract between the parties as it becomes a judgment that is subject to execution in accordance with the Rules of Court. Thus, a compromise agreement that has been made and duly approved by the court attains the effect and authority of res judicata, although no execution may be issued unless the agreement receives the approval of the court where the litigation is pending and compliance with the terms of the agreement is decreed.[10] | |||||
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2008-09-16 |
NACHURA, J. |
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| LUCAS C. CAPRIO, JR. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced.[15] It is an accepted and desirable practice in courts of law and administrative tribunals.[16] Settlement of disputes brought before the courts is, in fact, encouraged.[17] | |||||