Professional Documents
Culture Documents
Facts
In 1980, the heirs of Jose Lim alleged that Jose Lim
entered into a partnership agreement with Jimmy Yu
and Norberto Uy. The three contributed P50,000.00
each and used the funds to purchase a truck to start
their trucking business. A year later however, Jose
Lim died. The eldest son of Jose Lim, Elfledo Lim, took
over the trucking business and under his management,
the trucking business prospered. Elfledo was able to
but real properties in his name. From one truck, he
increased it to 9 trucks, all trucks were in his name
however. He also acquired other motor vehicles in his
name. In 1993, Norberto Uy was killed. In 1995, Elfledo
Lim died of a heart attack. Elfledo’s wife, Juliet Lim,
took over the properties but she intimated to Jimmy
and the heirs of Norberto that she could not go on with
the business. So the properties in the partnership were
divided among them. Now the other heirs of Jose Lim,
represented by Elenito Lim, required Juliet to do an
accounting of all income, profits, and properties from
the estate of Elfledo Lim as they claimed that they are
co-owners thereof. Juliet refused hence they sued her.
The heirs of Jose Lim argued that Elfledo Lim acquired
his properties from the partnership that Jose Lim
formed with Norberto and Jimmy. In court, Jimmy Yu
testified that Jose Lim was the partner and not Elfledo
testified that Jose Lim was the partner and not Elfledo
Lim. The heirs testified that Elfledo was merely the
driver of Jose Lim.
Issue
Was Elfledo a partner to the trucking business?
Held
YES. ARTICLE 1767 and 1769, NCC. Based on
the evidence presented regardless of Jimmy Yu’s
testimony in court that Jose Lim was the partner. If
Jose Lim was the partner, then the partnership would
have been dissolved upon his death.
Facts
The spouses Andres Jarantilla and FelisaJaleco were
survived by eight children: Federico Sr., Delfin, Ben‐
jamin, Conchita, Rosita, Pacita, Rafael and Antonieta.
Petitioner Federico Jarantilla, Jr. is the grandchild
of the late Jarantilla spouses by their son Federico
Jarantilla, Sr. and his wife Leda Jamili. Petitioner also
has two other brothers: Doroteo and Tomas Jarantilla.
Issue
Did the CA err in ruling that petitioners are not
entitled to profits over the businesses not listed in the
Acknowledgement?
Held
There is a co-ownership when an undivided thing or
right belongs to different persons. It is a partnership
when two or more persons bind themselves to
contribute money, property, or industry to a common
fund, with the intention of dividing the profits among
themselves.
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Facts
Private respondent Nenita A. Anay met petitioner
William T. Belo, then the vice-president for operations
of Ultra Clean Water Purifier, through her former
employer in Bangkok. Belo introduced Anay to
petitioner Marjorie Tocao, who conveyed her desire to
enter into a joint venture with her for the importation
and local distribution of kitchen cookwares.
and local distribution of kitchen cookwares.
Issue
WON a partnership was formed
Held
Yes, the parties involved in this case formed a
partnership.
Issue
WON the partnership, Stasikinocey is estopped from
asserting that it does not have juridical personality
since it is an unregistered commercial partnership.
since it is an unregistered commercial partnership.
Held
YES. In ruling that an unregistered commercial
partnership which has no independent juridical
personality can have a domicile so that a chattel
mortgage registered in that domicile would bind third
persons who are innocent purchasers for value.