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    Estanislao, Jr. v. CA, 160 S 830

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    Aphrobit Clo
    1) The petitioner and private respondents are siblings who jointly owned some lots that were leased to Shell. They agreed to open a gas station on the lots using P15,000 from advance rentals as initial investment. 2) They executed a joint affidavit in 1966 but later entered an additional agreement that cancelled the original. 3) The private respondents demanded an accounting of profits, execution of a public partnership agreement, and payment of lawful shares. 4) The court ruled that a partnership did exist between the family members based on the joint affidavit establishing the P15,000 as capital investment and evidence that petitioner provided periodic accounting and allowed auditing of business books.

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    Estanislao, Jr. v. CA, 160 S 830

    Uploaded by

    Aphrobit Clo
    1K views1 page
    1) The petitioner and private respondents are siblings who jointly owned some lots that were leased to Shell. They agreed to open a gas station on the lots using P15,000 from advance rentals as initial investment. 2) They executed a joint affidavit in 1966 but later entered an additional agreement that cancelled the original. 3) The private respondents demanded an accounting of profits, execution of a public partnership agreement, and payment of lawful shares. 4) The court ruled that a partnership did exist between the family members based on the joint affidavit establishing the P15,000 as capital investment and evidence that petitioner provided periodic accounting and allowed auditing of business books.

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    7. Estanislao, Jr. v. CA, 160 S 830

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    1) The petitioner and private respondents are siblings who jointly owned some lots that were leased to Shell. They agreed to open a gas station on the lots using P15,000 from advance rentals as initial investment. 2) They executed a joint affidavit in 1966 but later entered an additional agreement that cancelled the original. 3) The private respondents demanded an accounting of profits, execution of a public partnership agreement, and payment of lawful shares. 4) The court ruled that a partnership did exist between the family members based on the joint affidavit establishing the P15,000 as capital investment and evidence that petitioner provided periodic accounting and allowed auditing of business books.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Estanislao, Jr. v. CA, 160 S 830

    Uploaded by

    Aphrobit Clo
    1) The petitioner and private respondents are siblings who jointly owned some lots that were leased to Shell. They agreed to open a gas station on the lots using P15,000 from advance rentals as initial investment. 2) They executed a joint affidavit in 1966 but later entered an additional agreement that cancelled the original. 3) The private respondents demanded an accounting of profits, execution of a public partnership agreement, and payment of lawful shares. 4) The court ruled that a partnership did exist between the family members based on the joint affidavit establishing the P15,000 as capital investment and evidence that petitioner provided periodic accounting and allowed auditing of business books.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    7. Estanislao, Jr. v.

    CA, 160 S 830


    ESTANISLAO v. CA
    G.R. No. L-49982; April 27, 1988
    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. A joint affidavit was executed by them on April 11,
    1966 which was prepared by Atty. Democrito Angeles
    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.
    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, and to pay the plaintiffs
    their lawful shares and participation in the net profits of the business.
    ISSUE:
    Does a partnership exist between members of the same family arising from their joint ownership
    of certain properties?
    RULING:
    YES. The Joint Affidavit of April 11, 1966 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 also showed that 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.
    Respondent Remedios assisted in the running of the business.
    Therefore, there is no doubt that the parties hereto formed a partnership

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