Art. 151. 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 rules shall not apply to cases which may not be the subject of compromise under the Civil Code. (Family Code)

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

If suit is between members of the same family, there must be prior earnest efforts toward a compromise; otherwise, the came must be dismissed. (Art. 151, FC)

"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)


What is the reason behind the requirement? 

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)


What does "members of the same family mean"?

The phrase "members of the same family" in Art. 151 of the Family Code must be understood as referring to the relations enumerated in Art. 150 of the Family Code under which "family relations" include only those (a) between husband and wife, (b) between parent and child, (c) among other ascendants and their descendants, and (d) among brothers and sisters. (Esquivas vs. CA, G.R. No. 119714, May 29, 1997 citing Magbenta vs. Gonong, No. L-44903, 22 April 1977, 76 SCRA 511)


Is there a need for an earnest effort toward a compromise in case of suit between sisters-in-law or brothers-in-law?

No. The enumeration of brothers and sisters as members of the same family (under Art. 150, FC), does not comprehend brothers or sisters-in-law; hence, there is no need to exert efforts towards a compromise before an action between them can prosper. (Guerrero vs RTC, G.R. No. 109068, January 10, 1994; Gayon vs Gayon, G.R. No. L-28394, November 26, 1970)

Read:
Guerrero vs. RTC Case Digest
Gayon vs Gayon Case Digest


 Is there a need to assert or allege earnest efforts at a compromise if a stranger is a party to a case between close relatives?

• No. The stranger may not be willing to be inconvenienced by the delay, and it is not fair that his rights should depend on the way the relatives would settle their differences (Magbaleta vs. Gonong, G.R. No. L-44903, April 25, 1977)

• "Efforts to compromise" are not a jurisdictional prerequisite for the maintenance of an action whenever a stranger to the family is a party thereto, whether as necessary or indispensable one.  An alien to the family may not be willing to suffer the inconvenience of, much less relish, the delay and the complications that wranglings between and among relatives more often than not entail.  Besides, it is neither practical nor fair that the rights of a family be made to depend on a stranger who just happens to have innocently acquired some interest in a property by virtue of his affinity to the parties. (Esquivas vs. CA, G.R. No. 119714, May 29, 1997)


Enumerate the cases which may not be subject of compromise

 No compromise upon the following questions shall be valid:

(1) The civil status of a person;

(2) The validity of a marriage or legal separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The jurisdiction of courts;

(6) Future legitime. (Art. 2035, Civil Code)