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Gabriel Zari, Et Al. vs. Jose R. Santos

HEIRS OF GABRIEL ZARI and HEIRS OF HERMENEGILDO CONCEPCION, plaintiffs-appellees, vs. JOSE R. SANTOS, defendant-appellant.

G.R. Nos. L-21213 & L-21214 | 1969-03-28

D E C I S I O N 


SANCHEZ, J.: 

These two cases, on direct appeal to this Court on questions of law, 1 turn on the principal issue of whether or not a compromise agreement, executed between party litigants before the new Civil Code, and which triggered the dismissal of litigation, may be rescinded by the party-plaintiffs thereof, to pave the way for the enforcement of their original demand, upon the provisions of Article 2041 of the new Civil Code, which creates for the first time the right of rescission with respect to compromises. The law reads: 

"ART. 2041. If one of the parties fails or refuses to abide by the compromise,...