Beruflich Dokumente
Kultur Dokumente
Issue:
Whether or not the action was brought in the
name of the real party in interest.
Held:
Yes.
not
there
was
partnership
Held:
Yes.
A partnership may be constituted in any form; a
public instrument is necessary only where
immovable property or real rights are contributed
thereto.[16] This implies that since a contract of
partnership is consensual, an oral contract of
partnership is as good as a written one.
Petitioners admit that private respondent had the
expertise to engage in the business of
distributorship of cookware. Private respondent
contributed such expertise to the partnership and
hence, under the law, she was the industrial or
managing partner. It was through her reputation
with the West Bend Company that the
partnership was able to open the business of
distributorship of that companys cookware
products; it was through the same efforts that the
business was propelled to financial success.
On the other hand, petitioner Belos denial that
he financed the partnership rings hollow in the
face of the established fact that he presided over
not
the
petitioners
formed
Held:
No. They were simply co-owners.
Their original purpose was to divide the lots for
residential purposes. If later on they found it not
feasible to build their residences on the lots
because of the high cost of construction, then
they had no choice but to resell the same to
dissolve the co-ownership. The division of the
profit was merely incidental to the dissolution of
the co-ownership which was in the nature of
things a temporary state. It had to be terminated
sooner or later.
Article 1769(3) of the Civil Code provides that
"the sharing of gross returns does not of itself
establish a partnership, whether or not the
persons sharing them have a joint or common
right or interest in any property from which the
returns are derived". There must be an
unmistakable intention to form a partnership or
joint venture.
not
there
was
partnership
Held:
Yes.
We shall therefore construe the contract as one of
partnership, divided into two parts namely, a
contract of partnership to exploit the fishpond
pending its award to either Felipe Deluao or
Nicanor Casteel, and a contract of partnership to
divide the fishpond between them after such
award. The first is valid, the second illegal.
The evidence preponderates in favor of the view
that the initial intention of the parties was not to
form a co-ownership but to establish a
partnership Inocencia Deluao as capitalist
Patagoc vs csc
185 scra 411 1990
Facts: Patagoc was appointed City Engineer by
Zamboanga City Mayor to take the place of the
deceased city engineer. The appointment was in
the nature of a reinstatement. He was previously
employed by the city government, assigned with
the Bureau of Public Works Engineering District
and with the City Engineer's Office when the
Ministry of Public Works was reorganized and he
was phased out. He rose from Civil Engineering
Aide II to Supervising City Engineer 11.
Thereafter, for six (6) years before his
appointment as City Engineer, he was a
consultant with the Department of Public Works
and Highways and then with a private
construction firm. The incumbent Assistant City
Engineer, filed a protest against petitioner's
appointment with the Civil Service Regional Office
on the ground that he was next-in-rank. The Civil
Service Regional Director, in a decision finds the
protest meritorious hereby revoking Patagocs
appointment