Many people want to know just what situations in the Philippines can be resolved through settlement to resolve disputes? And which ones must go through the legal process?
Today, we're going to have a lighthearted chat about this topic so that you'll have a better idea of how to deal with these legal issues
Which cases can be settled?
Settlements are a common and effective way to resolve civil cases.
In fact, many minor disputes in life, such as simple disputes and details of contracts, can be easily handled through settlement. Specifically, the following situations are suitable for settlement:
1. **Contractual disputes**:
Whether it is a commercial or personal contract, the parties can resolve their dispute through a settlement agreement. Courts usually support such settlements, which not only save time but also maintain good business relations.
2. **Tort**:
For example, in property damage or personal injury cases, the injured party and the infringing party can reach a settlement directly. By submitting this agreement, the court will make a ruling based on the settlement and bring the matter to a successful conclusion.
3. **Family Law Cases**:
such as divorce, custody, etc. Both husband and wife or both parents can reach an agreement through settlement, which not only reduces conflict, but also gives the children a harmonious environment to grow up in, and family harmony is always better than cold war.
The beauty of a settlement is that it allows both parties to save face to some extent, and life can be a little easier with a lot less legal red tape.
Both parties in a civil case can petition the court to rule on the basis of a compromise agreement they have reached, and then explain to the court exactly what the agreement is.
The attorneys for both parties will then attach the signed agreement, withdraw the appeal, and the court will file it.
In criminal cases, the situation is somewhat different:
-- If the case is still at the preliminary investigation stage (i.e. only the prosecutor is investigating), the complaining party may submit an affidavit of cessation of investigation.
--However, if the case is already before the court, the complaining party (the private prosecutor) may submit a statement that it will no longer participate in the trial proceedings.
However, the handling of criminal cases is far more complex than civil, and if this is a criminal case involving an offense against public health and safety, the prosecutor has every right to choose to proceed with the defendant's case
哪些案件不可以和解？
To give you examples of criminal cases that are not settleable, the following are usually not allowed to be settled:
1. **Felony cases**:
Such as murder, rape, drugs, kidnapping, crime, etc., these cases are extremely harmful to society. Even if the victim chooses not to participate in the proceedings, the prosecuting authority still has the responsibility to continue to pursue the criminal responsibility of the defendant
2. **Cases involving national security**:
Such as terrorism or treason, these cases not only concern individuals, but also affect the security and stability of the country and cannot be resolved through reconciliation
3. **Minor crimes**:
Although mediation is possible in some cases, the law is more prudent for juvenile crimes.
Under Philippine law, conciliation is a flexible form of dispute resolution, but the applicable scenarios score clearly. Settlement in civil cases can help both parties reach a consensus and avoid lengthy court battles, while in criminal cases, especially felonies in the public interest, the law requires the prosecution to assume responsibility for pursuing the case.
Understanding these legal frameworks and procedures is crucial for everyone.