Practice question
A creditor holds a purely extrajudicial compromise and demands immediate execution as though it were already a competent court’s compromise judgment. The debtor disputes that procedural route. Which is sound?
- Every private contract is automatically a court judgment.
- Article 2037 distinguishes a compromise’s interparty effect from execution in compliance with a judicial compromise.
- An extrajudicial settlement creates any court’s subject-matter jurisdiction.
- Every clerk must issue execution without a judicial basis.
- Article 2037 abolishes all distinction between contract enforcement and judgment execution.
Legal references
- Civil Code, Articles 2035(5) and 2037, jurisdiction excluded from compromise and judicial-execution distinction: https://lawphil.net/statutes/repacts/ra1949/pdf/ra_386_1949.pdf
- Rules of Court, Rule 9 Section 1 and Rule 65 Section 1, read with applicable amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Spouses Agullo v. Victa-Espinosa, G.R. No. 269921, April 22, 2025, en banc main decision, governing law at filing and Rule 9: https://lawphil.net/judjuris/juri2025/apr2025/gr_269921_2025.html
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