NEGADO VS. MAKABENTA, 54 O.G. 4082

NEGADO VS. MAKABENTA, 54 O.G. 4082

Castro, J.

Nature: Appeal from a judgment of the CFI of Leyte

Keywords: Evidence / showing existence of partnership : books, papers, accounts and similar writings are admissible provided that the party against whom they are offered is shown to have authorized or ratified them

Parties:

Petitioner: Filomeno Negado, Narciso Rocha, and Juan Guirindola

Respondents: Gonzalo Makabenta

Filomeno Negado, Narciso Rocha, and Juan Guirindola vs Gonzalo Makabenta 54 OG 40822 8 February 1958

Facts: Plaintiffs filed a suit against the defendant for the recovery of possession and management of Liberty Theater located in Leyte and for an accounting of all money and property pertaining thereto. The plaintiffs allege that the theater is owned and operated by a partnership known as Hemarogui Company composed of the plaintiffs and defendant. Conversely, the defendant alleges that he is the sole and exclusive owner of the theater while the plaintiffs are merely creditor. The trial court held that no partnership exists and the oral and material evidence (books,accounts, and papers) presented by the plaintiffs are incompetent to establish existence of the partnership.

Issue: Whether or not a partnership exists among Negado, Rocha, Guirindola and Makabenta 3

Decision: There exists a partnership. In determining whether or not a particular transaction constitutes partnership, the intention as disclosed by the entire transaction, and as gathered from the facts and from the language employed by the parties as well as their conduct. A partnership may be created without any definite intention to create it, the intention of the parties being inferred from their conduct and dealings with each other. For the purpose of showing the existence of a partnership, books, papers, accounts and similar writings are admissible as evidence provided that the party against whom they are offered is shown to have authorized or ratified them

Same Same:

1. EVIDENCE; PARTNERSHIP; PROOF OF INTENTION OF PARTIES PARAMOUNT -- In determining whether or not a particular transaction constitutes a partnership as between the parties, the intention as disclosed by the entire transaction, and as gathered from the facts and from the language employed by the parties, as well as their conduct, should be ascertained. A partnership may even be created without any definite intention to create it, the intention of the parties being Inferred from their conduct and dealings with each other.

2. PROOFS OF THE EXISTENCE OF A PARTNERSHIP -- For the purpose of showing the existence of a partnership, books, papers, accounts and similar writings are admissible provided the party against whom they are offered is shown to have authorized or ratified them, or in any way, to have been legally responsible for them [See Kiel vs Estate of Sabert 46 Phil. 198; 68 C.J. S. 415; Berret vs Harrel, 125 W. 2394, 178 Ark,]