Documente Academic
Documente Profesional
Documente Cultură
*
G.R. No. 80447. January 31, 1989.
_____________
* SECOND DIVISION.
850
http://www.central.com.ph/sfsreader/session/0000015e47999cc36dffb085003600fb002c009e/t/?o=False 2/8
9/3/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
851
that may accrue to the injured party arising from the unfortunate
accident.
Same; Same; Same; The release of claims had the effect of a
compromise agreement between the parties; Compromise, concept
of; The release of claims executed by the injured party himself
wrote finish to the litigation.The Release of Claims had the
effect of a compromise agreement since it was entered into for the
purpose of making a full and final compromise adjustment and
settlement of the cause of action involved. A compromise is a
contract whereby the parties, by making reciprocal concessions,
avoid a litigation or put an end to one already commenced (Article
2028, Civil Code). The Release of Claims executed by the injured
party himself wrote finish to this litigation.
MELENCIO-HERRERA, J.:
http://www.central.com.ph/sfsreader/session/0000015e47999cc36dffb085003600fb002c009e/t/?o=False 3/8
9/3/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
http://www.central.com.ph/sfsreader/session/0000015e47999cc36dffb085003600fb002c009e/t/?o=False 4/8
9/3/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
853
http://www.central.com.ph/sfsreader/session/0000015e47999cc36dffb085003600fb002c009e/t/?o=False 5/8
9/3/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
_______________
854
The general rule of the common law is that every action must be
brought in the name of the party whose legal right has been
invaded or infringed. 15 Enc. P1. & Pr. p. 484. For the
immediate wrong and damage the person injured is the only one
who can maintain the action. Id. p. 578. The person who
sustains an injury is the person
855
http://www.central.com.ph/sfsreader/session/0000015e47999cc36dffb085003600fb002c009e/t/?o=False 7/8
9/3/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
o0o
http://www.central.com.ph/sfsreader/session/0000015e47999cc36dffb085003600fb002c009e/t/?o=False 8/8