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09 Campos Rueda Vs Pacific Commercial

1) Campos Rueda & Co., a limited partnership, owed over P1,000 to three creditors but failed to pay for over 30 days. 2) The partnership filed for judicial decree of insolvency. 3) The trial court denied the petition finding the partners were not proven insolvent, but the Supreme Court reversed, finding that under Philippine law a limited partnership has separate legal personality and can be declared insolvent even if the partners are not.

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Nichole Lanuza
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944 views1 page

09 Campos Rueda Vs Pacific Commercial

1) Campos Rueda & Co., a limited partnership, owed over P1,000 to three creditors but failed to pay for over 30 days. 2) The partnership filed for judicial decree of insolvency. 3) The trial court denied the petition finding the partners were not proven insolvent, but the Supreme Court reversed, finding that under Philippine law a limited partnership has separate legal personality and can be declared insolvent even if the partners are not.

Uploaded by

Nichole Lanuza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Campos Rueda & Co. vs. Pacific Commercial Co.

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.
• The said amount was not paid.
• More than 30 days later, the partnership Campos Rueda & Co., voluntarily filed an
application for a judicial decree adjudging itself insolvent .
• 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 it cannot be adjudged
insolvent so long as the partners are not alleged and proven to be insolvent.
• Hence, this appeal.

ISSUE: whether or not a limited partnership, such as the appellee, which has failed to pay
its obligations with three creditors for more than thirty days, may be held to have
committed an act of insolvency, and thereby be adjudged insolvent against its will.

HELD: Yes. Judgment reversed, and case remanded with instructions.

Contrary to Common Law, in the Philippines a limited partnership duly organized in


accordance with law has a personality distinct from that of its members; and if it
commits an act of bankruptcy, such as that of failing for more than thirty days to pay
debts amounting to P1,000 or more, it may be adjudged insolvent on the petition of three
of its creditors although its members may not be insolvent.

Therefore, it having been proven that the partnership Campos Rueda & Co. failed for more
than thirty days to pay its obligations to the petitioners, the Pacific Commercial Co., the
Asiatic Petroleum Co., and the International Banking Corporation, the case comes under
paragraph 11 of section 20 of Act No. 1956, and consequently the petitioners have the
right to a judicial decree declaring the involuntary insolvency of said partnership.

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