Title
Goquiolay vs. Sycip
Case
G.R. No. L-11840
Decision Date
Jul 26, 1960
Partnership dispute over property sale by widow as administratrix; court upheld sale, citing good faith, necessity, and apparent authority.

Case Digest (G.R. No. 247471)
Expanded Legal Reasoning Model

Facts:

  • Formation and Organization of Partnership
    • On May 29, 1940, Tan Sin An and Antonio C. Goquiolay formed a general commercial partnership under the name “Tan Sin An and Antonio C. Goquiolay” for real estate dealings.
    • Capital contributions: Goquiolay P18,000.00 (60%), Tan Sin An P12,000.00 (40%).
    • Articles of Co-Partnership provided:
      • Exclusive management by Tan Sin An; Goquiolay to have no voice in management but right to inspect accounts semi-annually.
      • Ten-year term, with continuation upon death of a partner by representation of heirs.
      • Dissolution only by mutual written agreement or expiration of term.
  • Early Transactions and Mortgages
    • May 29, 1940: Partnership purchased three lots (Nos. 526, 441, 521, Cadastral Survey of Davao), assuming P25,000 mortgage to La Urbana.
    • Tan Sin An individually bought 46 parcels, assuming P35,000 mortgage.
    • September 25, 1940: Consolidated mortgages; partnership and Tan Sin An bound jointly and severally to pay P52,282.80 over eight years at 8% interest; collateral: 49 parcels.
  • Death of Managing Partner and Probate Proceedings
    • June 26, 1942: Death of Tan Sin An.
    • Widow Kong Chai Pin appointed administratrix of his estate on March 18, 1944.
    • March 1944: Sing Yee & Cuan Co., Inc. (for Yutivo Sons Hardware Co.) paid remaining mortgage balance to Banco Hipotecario.
  • Creditor Claims and Court-Authorized Sale
    • 1946: Yutivo Sons and Sing Yee & Cuan filed P62,415.91 and P54,310.13 claims against partnership and estate in probate proceedings; later admitted by administratrix and approved by court.
    • March 29, 1949: Administratrix petitioned probate court to sell all 49 parcels to settle debts.
    • April 4, 1949: Kong Chai Pin executed deed of sale to Washington Z. Sycip and Betty Y. Lee for P37,000 cash plus assumption of creditor claims (total P153,726.04).
    • July 1949: Sycip and Lee conveyed properties to Insular Development Co., Inc.
  • Litigation History
    • July 25, 1949: Goquiolay petitioned probate court to annul sale as to his 60% partnership interest; sale annulled by probate court but reversed by Supreme Court on remand for missing parties.
    • January 15, 1953: Goquiolay filed second amended complaint in CFI of Davao seeking annulment of sale for the three partnership-owned lots.
    • October 30, 1956: CFI dismissed complaint; Goquiolay appealed directly to the Supreme Court (amount in controversy > P200,000).

Issues:

  • Partnership Succession and Management
    • Whether upon Tan Sin An’s death his widow, Kong Chai Pin, succeeded to the exclusive management of the partnership.
    • Whether heirs of a deceased general partner enter only as limited partners, and whether a limited partner could exercise management powers.
  • Authority to Sell Partnership Property
    • Whether Kong Chai Pin had authority—by articles of partnership, power of attorney, or estoppel—to sell partnership real estate without Goquiolay’s consent.
    • Whether third parties (Sycip, Lee, Insular Development Co.) could rely on her ostensible authority in purchasing the properties.
  • Necessity and Fairness of the Sale
    • Whether the sale was necessary and beneficial to the partnership for debt settlement.
    • Whether the sale price and terms were grossly inadequate or fraudulent, given familial and business relationships among purchaser-creditors.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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