FEU-DLSU JOINT LAW-MBA PROGRAM RANIL M. REYNANTE, Esq.

THE LAW ON PARTNERSHIP, AGENCY, & TRUSTS

Cases Title IX Partnership Chapter 1 General Provisions (1) Art. 1767 1.1 Partnership Defined Evangelista, et al vs. CIR; decided 15 October 1957 Sevilla vs. Court of Appeals (GR No.: 41182-3; 15 April 1988)

Art. 1758 (When a passenger is carried gratuitously, a stipulation limiting the common carriers
liability for negligence is valid, but not for wilful acts or gross negligence. The reduction of fare does not justify any limitation of the common carriers liability)

(2) Art. 1769 (In determining whether a partnership exists, these rules shall apply:
(1) Except as provided by article 1825, persons who are not partners as to each other are not partners as to third persons; (2) Co-ownership or co-possession does not of itself establish a partnership, whether such-co-owners or co-possessors do or do not share any profits made by the use of the property; (3) 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; (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: (a) As a debt by installments or otherwise;

(b) As wages of an employee or rent to a landlord; (c) As an annuity to a widow or representative of a deceased partner; (d) As interest on a loan, though the amount of payment vary with the profits of the business; (e) As the consideration for the sale of a goodwill of a business or other property by installments or otherwise. (n)

Fortis 1vs. Gutierrez Hermanos, 6 Philippine Reports 100 Bastida vs. Menzi and Company, 58 Philippine Reports 188 Lyons vs. Rosenstock, 56 Philippine Reports 632 (3) Art. 1770 Arbes vs. Polistico, et al., 53 Philippine Reports 489 (4) Art. 1771 Magalona vs. Pesayco, 59 Philippine Reports 453 Fernandez vs. dela Rosa, 1 Philippine Reports 671 Agad vs. Mabato, G.R. No. L-24193; 22 June 1968 (5) Art. 1772

(6) Art. 1773 (7) Art. 1774 (8) Art. 1775 (10)Art. 1776 Andres de Jesus, et al. vs. Nicanor Padilla; C.A. L-12191-R; 19 April 1955 (11) Art. 1777 (12) Art. 1778 (13) Art. 1779 (14) Art. 1780
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(15) Art. 1781 (16) Art. 1782 Commissioner of Internal Revenue vs. William J. Suter and CTA L-25532; 28 February 1969 (17) Art. 1783 (18) Art. 1784 (19) Art. 1785 (20) Art. 1786 (21) Art. 1787 Sancho vs. Lizarraga, 55 Philippe Reports 601 Pabalan vs. Velez, 22 Philippine Reports 29 (22) Art. 1787 (23) Art. 1788 Martinez vs. Ong Pong Co, 14 Philippine Reports 726 Colbert vs. Bachrach, 12 Philippine Reports 84