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Monday, January 27, 2014

What is the requirement if there are suits between members of the same family? What is the reason behind the requirement?

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If suit is between members of the same family, there must be prior earnest efforts toward a compromise; otherwise, the came must be dismissed. 

"No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed. This rule shall not apply to cases which may not be the subject of compromise under the Civil Code." (Art. 151, FC)

The reason for the law is that a lawsuit between family members generates deeper bitterness than one between strangers.  Hence, it is necessary that every effort should be made towards a compromise before a litigation is allowed to breed hate and passion in the family. (Esquivas vs. CA, G.R. No. 119714, May 29, 1997)

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