Unformatted text preview: ation on the part of a partner
who acted as agent in receiving money for a given purpose, for which he has rendered no accounting, such
agent is responsible only for the losses which, by a violation of the provisions of the law, he 27 incurred. This being an obligation to pay in cash, there are no other losses than the legal interest, which
interest is not due except from the time of the judicial demand, or, in the present case, from the filing of the
complaint. (Arts. 1108 and 1100, Civil Code.) Article 1688 is inapplicable in this case, in so far as it provides
"that the partnership is liable to every partner for the amounts he may have disbursed on account of the
same and for the proper interest," for the reason that no other money than that contributed as is involved.
As in the partnership there were two administrators or agents liable for the abovenamed amount, article
1138 of the Civil Code has been invoked; this latter deals with debts of a partnership where the obligation is
not a joint one, as is likewise provided by article 1723 of said code with respect to the liability of two or more
agents with respect to the return of the money that they received from their principal. Municipal Council of Iloilo v. Evangelista, 55 Phil 290 (1930) CAMERINO
DOCTRINE: Art. 1894. The responsibility of two or more agents, even though they have been appointed
simultaneously, is not solidary, if solidarity has not been expressly stipulated; when a person appoints two
attorneysinfact independently, the consent of the one will not be required to validate the acts of the other
unless that appears positively to have been the principal's intention
NOTE: IN THE FACTS, THERE WAS NO MENTION OF THE 2ND ATTORNEYINFACT IN RELATION TO
THE DOCTRINE. ONLY ON THE SC DECISION.
FACTS: the CFI of Iloilo rendered judgment in a civil case wherein the appellant herein, Tan Ong Sze Vda.
de Tan Toco was the plaintiff, and the municipality of Iloilo the defendant, and the former sought to recover of
the latter the value of...
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- Fall '14
- gutierrez hermanos, B.A. Finance Corporation