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CONCHITA CADANO v. JUAN CADANO

This case has been cited 1 times or more.

2010-07-26
DEL CASTILLO, J.
From the express language of Rule 41, therefore, the MTC's denial of petitioners' Motion to Set Aside Decision could not have been appealed. Indeed, a decision based on a compromise agreement is immediately final and executory and cannot be the subject of appeal,[32] for when parties enter into a compromise agreement and request a court to render a decision on the basis of their agreement, it is presumed that such action constitutes a waiver of the right to appeal said decision.[33]  While there may have been other remedies available to assail the decision,[34] petitioners were well within their rights to institute a special civil action under Rule 65.