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Seguncencia S. Arpon
The law ordains that the court endeavor to persuade the litigants in
a civil case to agree upon some fair compromise (Art. 2029, NCC)
o Merced v. Roman Catholic Archbishop, 20 SCRA 1077: No
reciprocal concessions in the compromise agreement, but
was binding upon parties
(Art. 2030) Actions/ Proceedings are suspended:
1. I f willingness to discuss a possible compromise is expressed by
one or both parties; or
2. If it appears that 1 of them, before commencement of the action,
offered to discuss possibility of compromise but was refused by
the other
o Sec. 3, Rule 21, RA 876: Upon suspension, arbitrators are
appointed
o Offer to arbitrate is not among grounds to suspend the action
under Art. 2030
Judge is obligated to initiate compromise (Art. 2029)
2.
3.
4.
5.
6.
Must move not only to set aside the judgment, but also to annul
or set aside the compromise itself on ground of fraud, mistake
or duress vitiating his consent
Rule 38, Rules of Court: Petition for Relief must be filed within 6
months from judgment
Sec. 3, Rule 138: Petition must be verified, filed within 60 days
after petitioner learns of judgment, but not more than 6 months,
accompanied by affidavit of merit
Compromise based on erroneous report may be set aside
Invalid stipulations do not render the compromise void
o If it can still stand independently
o Generally, court cant modify the terms without consent of
parties or hearing