Philippine Bar review · Question

Practice question: Effect of Waiver or Compromise

Multiple Choice Medium

Practice question

A lawful private monetary settlement contains a separate clause purporting to grant a specified court subject-matter power that no statute supplies. Which conclusion is necessary about that clause?
  1. The clause necessarily amends every jurisdictional statute.
  2. Notarization makes the clause a legislative act.
  3. The amount of the settlement automatically validates any selected forum.
  4. A private signature is constitutionally superior to statute.
  5. The jurisdiction-granting clause cannot create the missing judicial power.

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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