Case Digest (G.R. No. 17024)
Facts:
- Case: Bearneza v. Dequilla, G.R. No. 17024
- Date: March 24, 1922
- Plaintiff-Appellee: Domingo Bearneza
- Defendant-Appellant: Balbino Dequilla
- Origin: Partnership formed in 1903 between Dequilla and Perpetua Bearneza (Domingo's predecessor) for exploiting a fish pond in Talisay, Barotac Nuevo, Iloilo.
- Contribution: Perpetua contributed to business expenses; both parties agreed to share profits.
- Death and Succession: Perpetua died in 1912, leaving a will appointing Domingo as her heir.
- Demand: Domingo demanded Dequilla deliver Perpetua's share and profits from 1913 to 1919, amounting to P13,100.
- Lower Court Ruling: Ruled in favor of Domingo, declared him the owner of half of the fish pond but denied damages due to lack of proof.
- Appeal: Dequilla appealed the decision.
Issue:
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Ruling:
- Supreme Court Decision: Modified the lower court's judgment; affirmed the denial of Domingo's claim for damages but reversed the decis...(Unlock)
Ratio:
- Nature of Partnership: The partnership was civil, not mercantile, thus governed by the Civil Code.
- Dissolution: Under Article 1700, subsection 3 of the Civil Code, the partnership dissolved upon Perpetua's death.
- No Continuation Clause: No stipulation for the partnership to continue after Perpetua's death as required by Article 1704 of the Civil Code.
- State of Liquidation: The partnership entered liquidation upon Perpetua's death; Domingo's inherited rights were limited to those resulting from the liquidation.
- Lack of Liquidation: No liquidation had been conducted, making it impossible to determine Perpetua's rights or interests at her death.
- No Community of Property: ...continue reading
Case Digest (G.R. No. 17024)
Facts:
In the case of "Bearneza v. Dequilla," G.R. No. 17024, decided on March 24, 1922, the plaintiff-appellee Domingo Bearneza filed a lawsuit against the defendant-appellant Balbino Dequilla. This legal dispute originated from a partnership formed in 1903 between Dequilla and Perpetua Bearneza, Domingo's predecessor, for the exploitation of a fish pond located in the barrio of Talisay, Barotac Nuevo, Iloilo. Perpetua contributed to the business expenses, and both parties agreed to share the profits. Following Perpetua's death in 1912, she left a will appointing Domingo as her heir to succeed to her rights and interests in the fish pond. Domingo demanded that Dequilla deliver Perpetua's share of the fish pond and profits accrued from 1913 to 1919, amounting to P13,100, but Dequilla refused. Consequently, Domingo filed a lawsuit. The lower court ruled in favor of Domingo, declaring him the owner of half of the fish pond but denied his claim for damages due to lack of proof. Dequilla subse...