FACTS:
Petitioner
and private respondents are brothers and sisters who are co-owners of
certain lots at the corner of Annapolis and Aurora Blvd., Quezon City which
were then being leased to the Shell Company of the Philippines Limited (SHELL).
They agreed to open and operate a gas station thereat to be known as Estanislao
Shell Service Station with an initial investment of P15,000.00 to be taken from
the advance rentals due to them from SHELL for the occupancy of the said lots
owned in common by them.
On May
26, 1966, the parties herein entered into an Additional Agreement with a
proviso that said agreement cancels and supersedes the original agreement
executed by the co-owners.
For
sometime, the petitioner submitted financial statements regarding the operation
of the business to private respondents, but thereafter petitioner failed to
render subsequent accounting.
A
demand was made on petitioner:
•
to
render an accounting of the profits;
•
to
execute a public document embodying all the provisions of the partnership
agreement;
•
to
pay the plaintiffs their lawful shares and participation in the net profits of
the business.
ISSUE:
IS A PARTNERSHIP a FORMED WHERE MEMBERS
OF THE SAME FAMILY BIND THEMSELVES TO CONTRIBUTE MONEY TO A COMMON FUND WITH
THE INTENTION OF DIVIDING THE PROFITS AMONG THEMSELVES?
HELD:
YES. The Joint
Affidavit of April 11, 1966 (Exhibit A), clearly stipulated by the members
of the same family that the P15,000.00 advance rental due to them from SHELL
shall augment their "capital investment" in the operation of
the gasoline station.
other
evidence in the record:
⁃
Petitioner
submitted to private respondents periodic accounting of the business.
⁃
Petitioner
gave a written authority to private respondent Remedios Estanislao, his sister,
to examine and audit the books of their "common business" (aming
negosyo).
⁃
Respondent
Remedios assisted in the running of the business.
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