Love It Again
All Journal Entries Aug 01, 2017 to Aug 17, 2017
Aug 02, 2017
Aug 02, 2017
Aug 04, 2017
Aug 04, 2017
Aug 06, 2017
Aug 08, 2017
Aug 08, 2017
Printed On: Feb 10, 2016
We find the petition to be impressed with merit. It is a well known postulate that the case of
a party is constituted by his own affirmative allegations. Under Section 1, Rule 131 6 each
party must prove his own affirmative allegations by the amount of ev
the said policy was issued in the name of Azucena Palomo, only to indicate
that she owns the insured premises; that the policy contains an endorsement
in favor of Arsenio Chua as his mortgage interest may appear to indicate that
insured was Arsenio Chua a
Serial No. 141758, to the spouses Felix Jimenea and Felina Harder, by a deed dated July 10,
On November 15, 1955, plaintiff Mauro Lozana brought an action against the defendant,
alleging that he is the owner of the Generator Buda (Diesel), valued at
estate of the said deceased Walter A. Fitton, deliver to the plaintiff, upon the latter's paying
to the defendant, out of the property which belonged to the aforesaid deceased, the sum of
P3,000 Mexican currency, equivalent to P2,700 Philippine currency,
Based on the computation of the loss, including the Travellers MultiIndemnity, respon
to the 3,000 pesos in Mexican currency received from Walter A. Fitton, and that the
defendant be sentenced to pay to the plaintiff, as losses and damages, the sum of 2,000
pesos, and to the payment of the cost of the suit, in addition to the other remedie
in case of their failure to pay their obligations when it became due and demandable. Or at
the very least, Chua being a partner of petitioner Tai Tong Chuache & Company is an agent
of the partnership. Being an agent, it is understood that he acted for and
ANTONIO M. PABALAN, plaintiff-appellant,
FELICIANO VELEZ, defendant-appellee.
Ariston Estrada for appellant.
Luciano de la Rosa for appellee.
This case was appealed by counsel for the plaintiff, from the judgment rendered by the
property. It also follows that the claim of the defendant in his counterclaim that the
partnership be dissolved and its assets liquidated is the proper remedy, not for each
contributing partner to claim back what he had contributed.
For the foregoing cons
G.R. No. L-55397 February 29, 1988
TAI TONG CHUACHE & CO., petitioner,
THE INSURANCE COMMISSION and TRAVELLERS MULTI-INDEMNITY
This petition for review on certiorari seeks the reversal of the deci
WHEREFORE, the petition is GRANTED. The decision of the respondent Court of Appeals (now
Intermediate Appellate Court) is hereby SET ASIDE and a new one is rendered ordering the
petitioner Isabelo Moran, Jr., to pay private respondent Mariano Pecson SIX T
The term "retirement" must have been used in the articles, as we so hold, in a generic sense
to mean the dissociation by a partner, inclusive of resignation or withdrawal, from the
partnership that thereby dissolves it.
On the third and final issue, we ac
computed pro rata, in proportion to the extent that each partner is interested in the
company and on the same basis as the profits. (Arts. 140 and 141 of the Code of
As regards the amount of the land tax, which the partner Pabalan had to pay, a
and prescribed by the existing Code of Commerce in respect to companies of this
kind. 13. All questions, controversies, doubts or differences which may arise between
the partners, by reason of this company or from any acts performed by them on
Partnership July 25, 2015 2
Libro mayor de 1924 y 1925.
set the motion down for hearing on the 14th of August, 1926. His Honor
again appointed Summers as referee.
The report was approved by Judge del Rosario on April 14,
ordered the defendant, as managing partner, to proceed without delay to liquidate it,
submitting to the court the result of the liquidation together with the accounts and vouchers
within the period of thirty days from receipt of notice of said judgment, w
Pabalan in all his rights and the vendor binds himself to protect and defend the title
to the properties hereby sold and guarantees them in accordance with law; and the
vendee shall retain the remaining 3,000 pesos for the purpose of bringing them, as
Notarial Registry as Doc. No. 832; Page No. 6; Book No. XIII; and Series of 1955, a
copy thereof is made as Annex "B" of defendant's answer and counterclaim;
5. That there was no liquidation of partnership and that at the time of said Sale on
The court shall order the rescission demanded, unless there are sufficient causes
authorizing it to fix a period.
This is understood without prejudice to the rights of third acquirers, in accordance
with articles 1295 and 1298, and with the provisions of
A This promissory note is for the printing of the "Voice of
Q What is this "Voice of the Veterans", Mr. Pecson?
A It is a book.t.hqw
(T.S.N., p. 19, Nov. 29, 1972)
Q And what does the amount of P14,000.00 indicated in
the promissory note, E
They are liable as a partner, in this case and they are estopped from denying otherwise.
It it necessary for the person to have given credit to show that they had faith in the representation.
Liability for Wrongs
Partners are: Subsection 14 and 16 Partner
Joint or part ownership or joint tenancy, or tenancy in common does
not create a partnership as to anything held or owned.
Sharing of gross returns does not necessarily create a partnership (Cox v
The receipt by a person of a share of
Inclusion of Property to Partnership Assets (Express) Whether the separate property of one partner used
in a partnership becomes part of the assets of the partnership or remains the separate property of the partner
ultimately depends upon the agreem
Partners must be given:
Reasonable notice of the charge
Reasonable opportunity of meeting the case against them before receiving notice of expulsion
Partnership is a class of contract founded on mutual trust.
Gives rise to ful
Partnership July 25, 2015 6
On appeal, the Court of Appeals affirmed the judgment of the trial court with
the sole modification that the liability imposed in the dispositive part of the
decision on the credit of Cebu Southern Hardware and Blue Diamond Gla
Partnership July 25, 2015 11
balance on account of the partnership "Tai Sing & Co. for the sum of
P16,518.74 until September 9, 1922;
1926, amount to P16,595.26, with a daily interest of P4.14 on the
sum of P16,518.74.
(2) Said defendants are ordered join
Partnership - structured answer
The Partnership Act (Vic) s5 defines a partnership as the relation which subsists
between persons carrying on a business in common with a view of profit.
1. Is a business being carried on in common?
a. Carrying on implies a
Partnership July 25, 2015 5
the same at the Cebu Branch of the Philippine Commercial and Industrial
Bank (PCIB) placing the petitioner in great financial difficulty in his
construction business and subjecting him to demands of creditors to pay' for
Partnership July 25, 2015 3
3. The lower court erred in ordering the filing of a new petition of
insolvency against the fictitious partnership Lao Liong Niew & Co.
and the delivery to the sheriff of all the property of the insolvency.
In our opinion, all