Campos Ruedo and Co. v. Pacific Commercial.docx
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Campos Rueda & Co v Pacific Commercial (44 Phil 916) Facts: Campos, Rueda & Co., a limited partnership, is indebted to the appellants: Pacific Commercial Co. , Asiatic Petroleum Co, and International Banking Corporation amounting to not less than P1,000.00 (which were not paid more than 30 days prior to the date of the filing by petitioners of the application for voluntary insolvency). The trial court denied their petition on the ground that it was not proven, nor alleged, that the members of the firm were insolvent at the time the application was filed. It also held that the partners are personally and solidarily liable for the consequences of the transactions of the partnership. Issue: Whether or not a limited partnership may be held to have committed an act of insolvency. Held: Yes. A limited partnership’s juridical personality is different from the personality of its members. On general principle, the limited partnership must answer for and suffer the consequence of its acts. Under our Insolvency Law, one of the acts of bankruptcy upon w/c an adjudication of involuntary insolvency can be predicated is the failure to pay obligations.
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Transcript of Campos Ruedo and Co. v. Pacific Commercial.docx
Campos Rueda & Co v Pacific Commercial (44 Phil 916)
Facts:Comment by Rapunzel Grace Lim: Campos, Rueda & Co., a limited partnership, is indebted to the appellants: Pacific Commercial Co. , Asiatic Petroleum Co, and International Banking Corporation amounting to not less than P1,000.00 (which were not paid more than 30 days prior to the date of the filing by petitioners of the application for voluntary insolvency).Comment by Rapunzel Grace Lim: The trial court denied their petition on the ground that it was not proven, nor alleged, that the members of the firm were insolvent at the time the application was filed. It also held that the partners are personally and solidarily liable for the consequences of the transactions of the partnership.Comment by Rapunzel Grace Lim: Comment by Rapunzel Grace Lim: Comment by Rapunzel Grace Lim:
Issue:Comment by Rapunzel Grace Lim: Whether or not a limited partnership may be held to have committed an act of insolvency.
Held:Comment by Rapunzel Grace Lim: Yes. A limited partnerships juridical personality is different from the personality of its members. On general principle, the limited partnership must answer for and suffer the consequence of its acts. Under our Insolvency Law, one of the acts of bankruptcy upon w/c an adjudication of involuntary insolvency can be predicated is the failure to pay obligations.Comment by Rapunzel Grace Lim: The failure of Campos, Rueda & Co., to pay its obligations constitutes an act w/c is specifically provided for in the Insolvency Law for declaration of involuntary insolvency. The petitioners have a right to a judicial decree declaring the involuntary insolvency of said partnership.Comment by Rapunzel Grace Lim: Comment by Rapunzel Grace Lim: Comment by Rapunzel Grace Lim:
