1. Effect of Waiver or Compromise

JUDGMENT UPON A COMPROMISE

Judgment rendered by the court on the basis of a compromise agreement entered into between the parties to the action. It has the force of law and is conclusive between parties. It is NOT appealable.

Judgment upon a compromise is immediately executory upon the signing of the compromise agreement in the absence of a motion to set aside on the ground of fraud, mistake, etc. Hence, it has the effect of res judicata. (World Machine Enterprises v. IAC, G.R. No. 72019, 1990)

Effect of Desistance of Complainant

It does not bar the People from prosecuting the criminal action. BUT it does operate as a waiver of the right to pursue civil indemnity.

An offended party in a criminal case has sufficient personality to file a special civil action for certiorari, in proper cases, even without the imprimatur of the State. In so doing, the complainant should not bring the action in the name of the People of the Philippines. The action may be prosecuted in the name of the said complainant. (Perez v. Hagonoy Rural Bank, Inc., G.R. No. 126210, 2000)

Rule on Compromises

• CIVIL CASES:

General Rule: An offer of compromise is not an admission of any liability and is NOT admissible in evidence against the offeror.

Exception: When such offer is clearly not only to buy peace but amounts to an admission of liability, the offered compromise being directed only to the amount paid (El Varadero de Manila v. Insular Lumber, G.R. No. 21911, September 15, 1924).