Arroyo v Berwin

F: Ignacio Arroyo and Alfred Berwin are residents of Iloilo.

Berwin is a procurador judicial (a person granted permission to appear before the
courts relating on behalf of clients, etc. without being a lawyer) in the law office of
Atty. John Bordman.
Berwin represented Marcela Juaneza in the Justice of the Peace of Iloilo in
proceeding for a theft case filed by plaintiff Ignacio Arroyo. Marcela Juaneza lost
then appealed at the CFI of Iloilo.
On the day of the hearing at the CFI, Berwin requested Ignacio Arroyo to
agree to dismiss the criminal proceeding and thereafter stipulated in the
presence of Roque Samson that "1) his client, Marcela would recognize the
plaintiff's ownership in the land situate on Calle San Juan, Molo, Iloilo
where Marcela ordred the cane (as in sugar cane) cut, which land and which
cut cane are referred to in the cause for the theft. Furthermore, they agreed
that "2) the plaintiff should obtain a Torrens title to said land and Marcela
would not oppose such application for registration". PROVIDED THAT
Arroyo would ask that the case be dismissed against Marcela
Arroyo complied with the agreement. The case against Marcela was dismissed.
Berwin did not wish to comply with their agreement (Arroyo delivered to him the
written agreement for Marcela's signature but Berwin failed to give him back the
same).
Arroyo filed for specific performance praying that judgment be rendered
ordering Arroyo to cause his client Marcela to sign the written agreement.
CFI- dismissed, the consideration of the contract is illegal.
I: WON Berwin may be ordered to comply with the agreement?
H: NO. An agreement to stifle the prosecution of the person charged with theft for
a valuable consideration is manifestly contrary to public policy and due
administration of justice.
Art. 1255- The contracting parties may make the agreement and establish the

clauses and condition which they may deem advisable, provided they are not in
contravention of law, morals or public order.
Art. 1275- Contracts without consideration or with an illicit one have no effect
whatsoever. A consideration is illicit when it is contrary to law and good
morals.
Petition denied.