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Extra Judicial Settlement
An extrajudicial settlement is one of the many legal services we often render to our clientele. In the Philippine legal system, the settlement of disputes before the courts is often resorted to in order to settle disputes if the contending parties cannot reach terms by which they themselves can settle their problems. However, there is an alternative mode by which conflicts can be resolved without having to go to court and have the matter litigated. This is provided for under the New Civil Code as a special mode of settling disputes, avoiding the courts, which is called an extrajudicial settlement.
Without having to make it complex, extrajudicial settlements simply provide that even without a legal suit between the parties, they can amicably settle their differences by entering into a compromise agreement by which they agree to establish or compromise their disputes. An extrajudicial settlement is among the alternative modes of making an agreement enforced and carried out. They can be used to settle the resolution of marriage settlements, contracts, disputes in land ownership, and debts, and they are resorted to by clients for the reason of trying to avoid court costs and resolving disputes immediately. Time and resources of our clientele are saved by using the extrajudicial settlement mode since no court will ever interfere in its processing. This will indeed save the interests of our clients not only in terms of time but also in terms of value as it represents their own personalities and voluntariness in fixing their problems. Forums included in extrajudicial settlements are barangay conciliation processes, alternative settlement, administration complaints, and its premium plan. Under the administration, assistance is introduced and continually extended to clients. In the same gesture, the clients are informed prior to the filing of regular cases of the immediate extrajudicial settlement that can be accessed by them. Such choice is effective and advantageous, which reflects the character of the service as a public servant who looks after the interest of the common people.
Definition and Importance
Extra judicial settlement is a venue for disputing parties seeking to settle their issues outside the rubric of court proceedings. Such issues may pertain to problems arising from personal relationships, such as property, succession, and civil claims. There is also the extra-judicial foreclosure sale of chattel mortgages and pledge contracts, and finally, disputes on annulment of sale based on restrictions that encumber the property subject of the extra-judicial foreclosure sale. This also proves significant in the voluntary dissolution of inactive small companies.
The purpose of such a settlement is to avoid litigation, and prevent draining of the courts’ dockets. This comes significant in jurisdictions with a heavy backlog of cases. The benefits of extra-judicial settlement touch both sides of the parties that are in conflict: the Plaintiff and the Defendant. The client would be able to save time and money, and have some amount of privacy to the agreement reached. As the regulatory issue involving the drafting of the contract and the notarization is with the law practitioners, this would enable the client to be in control. If extra-judicial settlement is properly done, this could avoid the stigma of a convicted felon. In fact, it might never be close enough to their households to know them. And if it comes to it, the convict might file for residence outside his or her finest properties. An example of this is a top-level official with the delusion that the car and the hotel chain are his own. Sour happens. Misunderstandings and disagreements abound. When the noise fades, the executive pretending something shimming and shiny as mine is gone and my resort is. Resort own my own their stocks. If messy maturity can approve if a conviction to master!
Key Services Offered by FCB Law
FCB performs appearance work in various judicial and procedural bodies. For this purpose, the firm deals with the defense at the trial and arbitration courts at every instance, from the conciliation bodies to the higher courts of every jurisdiction level. The respective practice represents physical and legal persons from various professions and occupations, such as employees, public officials, shareholders, judiciary members, lawyers, engineers, doctors, and entrepreneurs, to name a few. The aforesaid inclusive representation of professions and the identities of the client tendencies that the firm works with testify to the diverse courting and contentious appeal of the firm’s practice, suffice it to say. The firm engaged in advocacy may appear and act as counsel, prosecutor, or defense. It consults on preparing the evidence, allegations, reparations, and other procedural and substantive matters. The firm also accepts client interests as a lawyer, who appears within the venue or district where the courts are situated.
FCB provides legal consulting and advisory services, such as transaction documentation, legal drafting, legal arrangements, legal research, pleading, and memorandum of advice. Apart from providing consulting services in various areas, the firm also fills various specialist functions in certain fields of law, such as legal counsel in the banking and finance departments. The consulting clients of the firm range from public officials, employees, private entrepreneurs, and business associations to judicial, quasi-judicial, and administrative bodies and entities. The consulting service is subjected not only to the application of the law but also to the real effect of the possible application of the legal solution to the organizations and institutions concerned. Oftentimes, the firm applies a legal and strategic approach to sectoral expertise.
Corporate and Commercial Law
At FCB Law, we understand that any business undertaking should be more than just legal—it should also make for good business. Our corporate and commercial law practice, therefore, is focused on providing sound legal advice founded on an in-depth understanding of our client’s business objectives. We have a wealth of experience in corporate law, governance, and compliance spanning both local and international perspectives. We have advised on various corporate requirements such as business formation, ongoing corporate governance and compliance matters, regulatory requirements, contracts, mergers and acquisitions, and other one-time business transactions.
In working with your business, we ensure that our in-depth and practical corporate knowledge is applied to your unique circumstances and regulatory, industry, and market positioning. Our main goal is to offer need-appropriate advice that advances the goals and objectives of your business while improving your compliance, risk management, and overall market potential. We function as a true team with our corporate clients, providing much more than reactive legal services by proactively assisting with strategic business planning and providing solutions that are commercially viable, ethical, and practical. We understand that much of the work in corporate and premium legal service is about minimizing conflict, risk, and potential liabilities before they become issues. Said another way, in these services, we are in the business of helping our clients stay out of legal entanglements.