Remedies When a Compromise Agreement in a Criminal Case Is Breached (Philippines)

Quick orientation. In the Philippines, criminal liability belongs to the State and cannot be compromised, but the civil liability arising from the crime may be. That single distinction controls almost every remedy when a compromise is breached.

This article collects the doctrine, procedures, and practical pathways available to a complainant, an accused, and the court when a compromise related to a criminal case is not honored. It is written for orientation and planning—not as legal advice for a particular case.

1) Ground rules you must keep straight

Criminal vs. civil aspects
- By default, the civil action for restitution/reparation/indemnity is deemed instituted in the criminal case (Rules of Criminal Procedure, Rule 111), unless waived, reserved, or filed separately (e.g., under Civil Code Articles 32/33/34/2176).
- Compromise is valid only on the civil aspect (Civil Code, Title on Compromises, Arts. 2028 et seq.). The criminal action is not a proper subject of compromise.
Nature and effect of a compromise
- Extra-judicial compromise (private settlement, notarized or not): a binding contract enforceable by action for specific performance or rescission (Civil Code Art. 1191).
- Judicial compromise (approved by the court): becomes a judgment upon compromise with the effect of res judicata and is enforceable by execution (Civil Code on compromises; Rules of Court, Rule 39).
Offers to compromise as evidence
- In criminal cases, an accused’s offer to compromise may be treated as an implied admission of guilt, except for quasi-offenses (criminal negligence) and B.P. 22 cases, and those expressly allowed by law to be compromised (Revised Rules on Evidence).
Barangay settlements
- For disputes covered by the Katarungang Pambarangay (Local Government Code, R.A. 7160), an amicable settlement has the force of a final judgment after 10 days (if not repudiated). Execution by the Punong Barangay is available within six (6) months; afterwards, enforcement moves to the first-level court.
Children in conflict with the law (diversion)
- Under the Juvenile Justice and Welfare Act (R.A. 9344), a diversion agreement is not a compromise of criminal liability; it is a statutory mechanism. Non-compliance typically returns the case to prosecution/court.

2) What exactly was “compromised”? (Map your remedies to the structure)

A breach may occur under different architectures:

Pure extra-judicial civil settlement (e.g., promissory note/quitclaim during the pendency of the criminal case, without court approval).
Court-approved compromise on the civil aspect within the criminal case (or in a parallel civil case).
Barangay amicable settlement (before filing, or during the case, for matters within barangay jurisdiction).
Plea bargaining/settlement-adjacent arrangements (e.g., the parties negotiated restitution while the accused pleaded to a lesser offense).
Probation/parole/conditional pardon with restitution as a condition.
Diversion for a child in conflict with the law under R.A. 9344.

Each yields distinct levers when breached.

3) If the compromise was extra-judicial (private settlement)

What it is: A contract to pay/restitute/indemnify (often with a payment schedule), made while a criminal case is pending or anticipated, but not approved by a court.

Remedies upon breach

Specific performance in a civil action
- Sue to collect/installments, accelerate the balance (if the agreement says so), and recover damages (including attorney’s fees if stipulated).
- Because this is a written contract, the prescriptive period to sue is generally 10 years from breach (Civil Code Art. 1144).
Rescission (resolution) with damages
- If the obligations are reciprocal and there is a substantial breach, you may elect rescission under Art. 1191, then pursue the original civil claim (restitution/reparation/indemnity).
Effect on the criminal case
- None as to guilt; the State’s prosecution continues.
- The prosecutor or the court may have deferred proceedings to give time to settle; on breach, move to resume the criminal proceedings (see §7 below).

Practical adds

Seek security (chattel/mortgage, surety, escrow) and acceleration and default-interest clauses in the document.
If parties reside in the same city/municipality and you file a civil suit to enforce, check if barangay conciliation is a condition precedent (unless an exception applies).

4) If the compromise became a court-approved judgment (judicial compromise)

What it is: The parties signed a compromise on the civil aspect that the court approved and embodied in a judgment/order.

Remedies upon breach

Execution by motion (Rule 39)
- File a Motion for Execution in the same criminal case (or the civil docket where the judgment sits).
- Timeline: Within 5 years from entry of judgment, execution is by motion; after 5 but within 10 years, by an independent action to revive the judgment.
Contempt (Rule 71)
- If the judgment directs specific acts (e.g., “Pay ₱X on dates Y/Z”) and non-payment is contumacious (beyond mere inability), you may seek indirect contempt for willful disobedience of a lawful order.
Garnishment/levy/asset discovery
- Use execution processes (subpoena duces tecum for asset discovery, garnishment of bank accounts/receivables, levy on personal/real property, auction).
No “reinstatement” of a harsher criminal charge
- Once the court has entered judgment (e.g., after a plea to a lesser offense plus civil compromise), double jeopardy and finality concerns mean you do not revive the original charge merely because civil terms weren’t met. You execute the civil judgment.

5) If the settlement was a Barangay amicable settlement (Katarungang Pambarangay)

What it is: An amicable settlement under the Lupon/Katarungang Pambarangay system for disputes within barangay coverage.

Remedies upon breach

Within six (6) months from settlement’s finality:
- Ask the Punong Barangay for execution (writ-like implementation).
After six (6) months):
- File for enforcement in the Municipal/City Trial Court (first-level court).
Repudiation window: Within 10 days of the settlement, a party may repudiate for fraud/violence/intimidation; beyond that, it has the effect of a final judgment.

Note: A barangay settlement can cover the civil aspect of offenses with a maximum penalty within barangay jurisdiction; it does not compromise the criminal liability itself.

6) If the “deal” was tied to plea bargaining

Two common patterns

The accused pleads to a lesser offense while agreeing to pay the private complainant (civil aspect).
The case goes through Court-Annexed Mediation/Judicial Dispute Resolution for the civil aspect, with the criminal plea proceeding separately.

On breach

Execute the civil judgment if the terms were judicially approved (§4).
If the civil terms were extra-judicial, sue to enforce the contract (§3).
The criminal conviction (for the lesser offense) remains. Breach does not undo the plea.

7) If proceedings were suspended, deferred, or provisionally dismissed to give way to settlement

Courts sometimes suspend or the prosecution seeks provisional dismissal to allow payment talks.

On breach

Move to resume proceedings (if merely suspended).
If there was a provisional dismissal under Rule 117, §8, the prosecution may revive the case within the rule’s time limits (generally 1 year for offenses punishable by ≤6 years’ imprisonment; 2 years if higher—counted from the order of provisional dismissal), absent valid extensions or express consent to a longer period.

8) If payment was a probation, parole, or conditional pardon condition

Probation (P.D. 968): Restitution is a standard condition the court may impose. Substantial violation can lead to revocation of probation, and the accused serves the sentence.
Parole/conditional pardon: Non-compliance can trigger revocation under the terms of release.

9) If the case involves a child in conflict with the law (R.A. 9344)

A diversion agreement/contract is supervised by authorities (barangay, prosecutor, or court depending on stage).
Non-compliance typically means the case proceeds (or resumes) in the appropriate forum; the State may file or continue the criminal action.

10) B.P. 22 (Bouncing Checks) and estafa nuances (why they matter to “compromises”)

B.P. 22: Payment or settlement does not bar criminal prosecution; however, the Rules of Evidence treat offers to compromise in B.P. 22 differently (not an implied admission of guilt). Breach of a payment schedule simply returns you to execution or civil enforcement on the compromise; the criminal case proceeds per its own timeline.
Estafa and novation: Novation/compromise after the crime generally does not extinguish criminal liability. It may affect civil liability and sometimes the appreciation of deceit depending on timing—but as a rule, don’t rely on novation to defeat prosecution. Treat the compromise as a civil contract and plan enforcement accordingly.

11) Choosing the right lever: a handy matrix

Situation	Primary civil lever	Procedural home	Criminal-case impact
Extra-judicial compromise breached	Specific performance/rescission; damages; preliminary attachment (if grounds)	Separate civil case (plus barangay conciliation when required)	None; move to resume if case was paused
Court-approved compromise breached	Execution by motion; contempt for willful disobedience	Same case (criminal docket for civil aspect) or civil docket if issued there	None on conviction/plea
Barangay settlement breached	Execution by Punong Barangay (≤6 months); then MTC/MeTC	Barangay; then first-level court	No effect on criminal liability
Probation condition (restitution) breached	Revocation proceedings	Trial court supervising probation	Accused may serve sentence
Diversion (R.A. 9344) breached	Proceed/resume prosecution	Prosecutor/court depending on stage	Case proceeds

12) Drafting and litigation tips to future-proof enforcement

If extra-judicial
- Put it in a public instrument; identify specific amounts and due dates; add acceleration, default interest, attorney’s fees, and venue stipulations.
- Obtain security (real estate/chattel mortgage), surety bond, or escrow.
- State that the civil compromise does not waive or bar the criminal action (to avoid later arguments of bar by agreement).
If judicial
- Ask the court to approve the terms and incorporate them in a judgment/order with clear undertakings and dates—that makes Rule 39 execution straightforward and supports contempt if defied.
Evidence & admissions
- Remember: an offer to compromise can be used as implied admission of guilt in most crimes (but not in B.P. 22 and not in quasi-offenses). Draft with that in mind.
Execution strategy
- For money judgments, prepare for asset discovery (Rule 39 examinations), garnishments, and levies.
- Track the 5-year window for execution by motion and the 10-year outer limit to revive judgments.

13) Sample pleading roadmaps (short and practical)

Motion for Execution (judicial compromise breached)
- Caption in the criminal case; allege: (i) judgment upon compromise; (ii) specific defaults; (iii) computation of balance; (iv) prayer for immediate issuance of a writ of execution and garnishment/levy. Optional: indirect contempt show-cause.
Complaint for Specific Performance (extra-judicial breach)
- Cause of action: written compromise; breach; amounts due; damages; attorney’s fees; prayer for preliminary attachment (if statutory grounds exist, e.g., fraud in contracting the obligation or non-resident defendant).
Motion to Resume Proceedings (criminal case paused)
- Attach proof of breach; note that compromise does not bar criminal liability; ask for reset for trial/issuance of alias warrant if needed.
Probation revocation (for complainant or prosecutor input)
- Report/manifestation of non-compliance; request hearing on revocation.

14) Common pitfalls

Assuming dismissal: A civil compromise does not dismiss the criminal case (unless the law specifically allows, which is rare).
Letting time run: Missed 5-year motion-execution or 6-month barangay-execution windows complicate enforcement.
Vague terms: “Pay soon” is litigation fuel. Use dates, amounts, accounts, default clauses.
Relying on “desistance”: Affidavits of desistance do not bind the prosecutor or the court.
Thinking plea deals can be undone: After judgment on a lesser offense, breach of civil terms does not resurrect the original charge.

15) Checklist: deciding your next move after breach

Identify the instrument: Extra-judicial? Judicial compromise? Barangay settlement? Diversion? Probation condition?
Calendar the clocks:
- Judicial compromise: 5-year (by motion), 10-year (by action).
- Barangay: 10-day repudiation; 6-month barangay execution.
- Provisional dismissal: 1/2-year revival windows under Rule 117.
- Written contract: 10 years to sue from breach.
Pick the forum: Same criminal docket (civil execution) vs. separate civil case vs. barangay vs. probation court.
Decide remedy: Specific performance vs. rescission vs. execution vs. contempt vs. revocation/resumption.
Secure assets: Consider attachment, garnishment, levy, examinations of judgment obligor.
Mind evidence rules about compromise offers in criminal cases.

16) Bottom line

Breach of a compromise never “kills” the criminal case—because the criminal aspect was never validly compromised to begin with.
Your civil enforcement path depends on how the compromise is memorialized: contract (sue or rescind), judgment (execute), barangay settlement (execute via barangay, then court), probation/diversion (seek revocation/resumption).
The fastest remedy is almost always execution of a judicial compromise. When you only have an extra-judicial deal, be ready with a well-drafted complaint (and, if appropriate, attachment) to convert it into an enforceable judgment.

This is general information on Philippine procedure and obligations. For case-specific strategy (e.g., which court has venue, how to structure attachments/garnishments, or how Rule 117 timelines interact with your charge), consult a Philippine litigator.