Remedy in case of non-compliance with the judgment

Remedy in case of non-compliance with the judgment "I sued my sister so that the house and lot of our deceased parents, which she is occupying, will be divided between us. The court referred us to a mediation proceeding and we both agreed that the property will be sold and the proceeds will be divided equally. One year has elapsed after the court approved the compromise agreement, but my sister refuses to abide by the judgment. She has discouraged potential buyers of the property and is even claiming that she will appeal the decision of the court. Can I file a case for the physical division of the property because my sister refuses to abide by the judgment? ShawnDear Shawn, The compromise agreement which was approved by the court has the effect of a final judgment. This finds support in the case of Spouses Aromin vs. Floresca, et al. (GR 160994, July 27, 2006), where the Supreme Court, through Chief Justice Artemio Panganiban, stated:“Xxx. It is well settled that a judicial compromise has the effect of res judicata and is immediately executory and not appealable unless set aside on grounds of nullity under Article 2038 of the Civil Code. Further, a judgment based on a compromise agreement is a judgment on the merits, wherein the parties have validly entered into stipulations and the evidence was duly considered by the trial court that approved the agreement.” There is already a judgment involving the matter thus, the same should be respected and should not be disturbed. This is in accordance with Letters (b) and (c), Section 47, Rule 39 of the 1997 Revised Rules of Court, which states:“b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity. (c) In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.”Please be guided by the decision of the court in the case of Gadrinab vs. Salamanca, et al. (GR 194560, June 11, 2014), where the Supreme Court, through Associate Justice Mario Victor F. Leonen, stated:“Under the doctrine of finality of judgment or immutability of judgment, a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by theHighest Court of the land. Any act which violates this principle must immediately be struck down.” The physical division of the property, which is already the subject of the judgment, is not allowed because this was already barred by res judicata. The judgment is immediately executory, hence, your sister cannot file an appeal involving the decision.Your legal remedy because of the refusal of your sister to comply or abide by the judgment is to file a motion for execution of the judgment pursuant to Section 1, Rule 39 of the 1997 Revised Rules of Court.Remember also that disobedience of, or resistance to, a judgment of the court is considered an indirect contemptuous act under Letter (b), Section 3, Rule 71 (id).We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/