„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parties fails or refuses to respect the compromise, the other party can either pass the compromise or consider it to be repealed and insist on its original application. By applying the above to your question, you, as a victim of the agreement you have reached with your son`s father, have the right to choose to revoke the contract and to proceed in 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. 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 follows: Dear PAO, My son`s father and I have agreed in writing that he would give the child monthly support from 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 „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 section 2041 of the New Civil Code of the Philippines to say: This complainant – and for and in light of the total amount of `P_____________` (P_____________) that he received from the respondent to his full and complete satisfaction – exempts any claims, means or liabilities arising from his work with the respondent in question; This complainant continues to demonstrate that the amount mentioned above, which he received from the respondent, in the full and final payment of all of his claims and benefits by the respondent in question, including the one treated above, and that the payment thus received, as stated, should under no circumstances be construed as an admission of liability by the respondent – the complainant and the respondent – conclude this compromise agreement/counting of all claims, and it is on this basis that we have put our hands on these – after the content of this compromise agreement has been read and understood by me after the administrator has declared it.