A,B, and C constituted ABC Partnership with a total capitalization of PHP 1M.

The
capitalization was broken down as Vehicle equivalent to PHP 600k, PHP 300k cash,
and PHP 200k cash contributions from A,B, and C, respectively. After 10 years of
operation, the partners decided to dissolve and wind up the partnership. Formal
accounting was made and it was determined that the partnership assets amounted to
PHP 500k and a liability to D, the sole creditor of the partnership, amounting to PHP
1M.
1. If A,B, and C are all general-capitalist partners, by how much can D collect from each
of their personal assets?

2. If A and B are general-capitalist partners, and C is a general-industrial partner, by

how much can D collect from each from their personal assets?

3.If A and B are general-capitalist partners, and C is a limited-capitalist partner, by how

much can D collect from each from their personal assets? In number 1, can D collect
the full amount of deficiency from any of the partners?

A, B, and C, constituted ABC partnership. A sold a land registered under ABC partnership on behalf and
in the name of ABC partnership. A sold the land to D without authority. Can D acquire the title over the
land? YES. ART. 1819 PAR 1

A, B, and C, constituted ABC partnership. A sold a land registered under ABC partnership in his own
name. A sold the land to D as authorized by the other partners. Can D acquire the title over the land?
NO. ARTICLE 1819 PAR 2. EQUITABLE INTEREST ONLY NOT THE TILTLE

A,B, and C are partners of a general partnership. To obtain a loan, they asked D to
represent himself as a partner, D having good credit standing with banks. The
partnership was able to obtain the loan from E. When the loan became due, the
partnership assets are not enough to pay off the debt. E’s best recourse is to demand
payment from D, the latter being the most solvent.

D contended that he is not liable because he was not a partner. Is D correct? NO. D is a
partner in estoppel

Suppose A did not consent on the representation, can E have a course of action against
A?
No. Only B and C. (refer to the last par. Of Art. 1825)
Comprehensive Problem: Articles 1831 to 1834

A,B,C and D are partners. D died and the partnership was dissolved. The dissolution
was published in a newspaper of general circulation. The surviving partners know the
fact of D’s death, but despite this fact, C nevertheless obtained loan from E using the
partnership name. It took 6 months before E learned of the fact of D’s death, hence, the
partnership being dissolved.

Can E collect from the partnership? What is the extent of C’s liability?
No. E cannot collect from the partnership. Under Article 1834 par. 2 (b), ‘
About publication

Suppose the cause of dissolution was D’s resignation? Can E collect from the partnership? What is the
extent of C’s liability?
No. E cannot collect
Same answer with first question

Suppose the loan was obtained by C for additional liquidity to cause the winding up of the business and E
knows the purpose of the loan, can E collect from the partnership?
This falls under Article 1834

If the transaction is related to the winding up of the it will bind the partnership, regardless if the 3 rd
person is innocent person, knowledge is not important na.
Suppose E was an existing creditor of the partnership, and the loan obtained by C is a separate
transaction from his existing credit, will C’s act bind the partnership?

New transaction.

E is not a third person, it will not bind the partnership

In number 4, can E collect from the personal assets of A if he was not ever known by E as a partner?

Liable to the extent of partnership