Text of the provision
Art. 2040. If after a litigation has been decided by a final judgment, a compromise should be agreed upon, either or both parties being unaware of the existence of the final judgment, the compromise may be rescinded. Ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise.
(1819a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A compromise made while either party is unaware of an existing final judgment may be rescinded; ignorance of a judgment that could still be set aside is no ground to attack it.
Related provisions
- Article 2039 — Concealed Documents.
- Article 2041 — Breach of Compromise.
Cases citing this article
- Felipe O. Magbanua, et al. vs. Rizalino Uy, G.R. No. 161003, May 6, 2005 — read the decision on LawPhil →
- Equitable PCI Banking Corporation vs. RCBC Capital Corporation, G.R. No. 182248, December 18, 2008 — read the decision on LawPhil →
- National Power Corporation vs. Hon. Rose Marie Alonzo-Legasto, et al, G.R. No. 148318, November 22, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.