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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A civil action for sum of money is between Nova Construction Corp. (Plaintiff) and Vega Enterprises (Defendant) and is referred to Court-Annexed Mediation (CAM) under Rule 18 and A.M. No. 03-1-09-SC. The mediated settlement agreement (MSA) provides: (1) Vega shall pay Nova P1,050,000 in three equal installments of P350,000 on the 15th of the next three months; (2) in case of default, the dispute may be submitted to the court for entry of a Judgment on Mediated Settlement (JMMS) and for enforcement; (3) a confidentiality clause. The court issues a JMMS incorporating the MSA. After two installments are paid, Vega defaults on the third. Nova moves for execution on the JMMS for the remaining balance plus accrued interest. Vega objects, claiming the JMMS is void for lack of free consent because the CAM facilitator allegedly pressured Vega 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 Nova to recover the remaining balance? (c)If Vega challenges the JMMS on grounds of lack of free 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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