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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for the collection of a debt, the case is referred to Court-Annexed Mediation (CAM) under Rule 18 and A.M. No. 03-1-09-SC. The mediated settlement agreement (MSA) states: (1) the defendant shall pay the plaintiff P1,000,000 in five equal installments of P200,000 on the 6th day of each of the next five months; (2) in case of default, the dispute may be submitted to the court for entry of the Judgment on Mediated Settlement (JMMS) and for enforcement; (3) a confidentiality clause. The court issues a JMMS incorporating the MSA. After three installments, the defendant pays two installments and then ceases payments. The plaintiff moves for execution on the JMMS for the remaining balance plus accrued interest. The defendant objects, claiming the JMMS is void for lack of free consent because the CAM facilitator allegedly used coercive tactics to pressure the defendant into settling. Answer the following: (a) Is the JMMS valid and enforceable? Explain the governing doctrine and the procedure for enforcement. (b) What remedies are available to the plaintiff to recover the remaining balance? (c) If the defendant challenges the JMMS on grounds of lack of consent due to coercion, what is the proper standard of proof and the procedural approach to challenge a CAM-mediated settlement?

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Clara

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