« Art. If one of the parties fails or refuses to respect the compromise, the other party can either pass the compromise or consider it to be repealed and insist on its original application. Dear Morry, Before answering your question, we think it is necessary to explain the concept of a compromise agreement. The new Philippine Civil Code defines a compromise agreement as: « Art. 2028. A compromise is a treaty in which the parties avoid, through reciprocal concessions, disputes or terminate a contract already begun. The very purpose of a compromise agreement is clearly to avoid litigation in the courts in which the parties have settled their disputes amicably without judicial intervention, or which put an end to a process that has already begun. Where a compromise agreement has already been reached and one of the parties refuses to fulfil its commitment, the other party may either not respect the agreement and lodge an appeal in court or comply with the provision agreed in the agreement already concluded. This is expressly provided for by Article 2041 of the New Civil Code of the Philippines to say: Dear OAP, my son`s father and I have agreed in writing that he would give the child monthly assistance of P10,000. However, he did not follow through on his commitment because he disappeared only three days after signing a notarized agreement. Three months later, I learned that he was in Manila with another woman. What will happen to our compromise agreement? Morry If you apply the above question, as a victim of the agreement you have made with your son`s father, you have the right to choose to revoke the contract and proceed to court to provide sufficient support to your son or to enforce the agreement. If you decide to terminate the contract, you will have to file a case in court to force your son`s father to provide appropriate support to the child. If not, you will take legal action to enforce the agreement.
That this compromise agreement/count of any and all Claims constitutes a release, waiver and exit and that no other claim, remedy or procedure of any kind can be filed with a court or government authority against the respondent or any person acting in his or her interest, since all claims relating to the complainant`s previous employment in question have been definitively settled. This applicant continues to show that the above amount he received from the respondent , in the full and final payment of all of his claims and benefits by the respondent, with respect to the above case, and that the payment thus received should not be construed in any way as an admission of liability by the respondent – therefore, respectfully, that the National Labour Relations Board treats the above case as closed and/or, ultimately, prejudiced. IN WITNESS WHEREOF, we have put ourselves in our hands – we, the complainant and the respondent – we conclude this compromise agreement/ settlement of all claims, and we manifest ourselves as follows: We hope that we have been able to enlighten you on this issue. This applicant _____P______________ states that he has no other claims against the respondent – or his supervisor, staff, directors or senior management – and releases the respondent from all claims, claims, means or liabilities of any kind arising from his work with the defendant in question and releases him forever;