A: a partnership is a contract and one of the element is consent.

So, the other

person should have consented also with the intention of building a partnership.
S: did he not accepted the 50 thousand a month?
A: he accepted it sir, but according to my readings the receipt of the share of the
profit is just a prima facie evidence that he is a partner, unless such payment is
given under the exceptions such as debt, wage or rent, annuity and for the sale of
a goodwill of a property.
S: and so, if no profits and you told your boyfriend matay, wa naman, puston
naman lang ug habol ron, nya e dagan ug menteryo, wa namai mo gamit ug auto.
There was no income for that certain month. Will you give him the 50 thousand?
A: no sir
S: no, because?
A: there was no income.
S: no income, no profit. No share.
(calls another student)
S:what do you think?
A: I think I may disagree with miss kim.
S: why?
A: because although, she mentioned that once a person receives a money from the
profits. He or she is not a partner. However, in your situation sir, when you said that
when the business will not earn any profit and hence the driver will also not receive
anything. That means the 50 thousand is not a compensation but a share in the
profits. Which means theyre partners.
S: say it again
A: in the situation sir, you said that one partner renders service and the other one
drives the car. The other person gets 50 thousand out of the profit of the
business. (S: I did not say that, its timtim who said that. That the fifty
thousand will be coming out from the profit)
A: so, if two partners decided to decide the profit between them as well as the loss.
They are considered as partners in a contract of partnership.
S: going back to the illustration?

A:going back to the illustration. Hence, they are considered as partners and not
merely receiving compensations on the profits of the business.
S:why?
A:. because, fifty thousand is not considered a compensation. Bec. When the
business incurred losses the other partner also did not receive a fifty thousand.
Because if it is a compensation, it must be fixed whether there is loss or profit.
S: so, when timtim originally said that they are not partners. She was supposed to
be right. They are not partners because she promised to give fifty thousand. She
became wrong, when she said. What did she said that made her answer wrong?
A: because she said that the fifty thousand will come from the profits. If the fifty
thousand will come from the profit, theres an intention of dividing the profits
between them, so he becomes an industrial partner by rendering services.
S:her answer became wrong. What was the last situation?
A: the situation, when the business already incurred a loss
S and A : when there were no income in a particular month.
S: and when we asked her. Will you still give fifty thousand? She said no more. So
what did it mean then?
A: that means they are partners.
S: that means the income of the driver was dependent on the profit. No profit no
income for you to share. Because had he been (..d ma klaro naai ni ubo 31:58). A
salary as an employee driver. What could have been done?
A: had the fifty thousand been a salary for the employee driver whether there is
income or not. It must be given.
S: oi timtim! Ingon ka singkwenta taga buwan. Karon wa kai income wa pod d I ko!
Nya ni ingon ka nga dili ta partner! Partner pud d I ko kai ug wa kai kita wa sad koi
kita. D na mahimo. Because you said first he was not a partner because we was just
a receiving a compensation. But when the situation changed when there is no more
income for the month. Would you still pay that driver? She said no more. Because I
dont owe him anything. Because, we dont only share on the profits. We also share
in the losses. Although, the definition does not say about the losses. But they could
also share on the losses, why?
A: because a business does not always earn profit. Because, there are instances
that in a business incurs losses. Thats why in a contract of partnership. It must be
taken into consideration that its not only one partner may shoulder the loss. When

a person shares in the profits, it would be unfair if the other person will not share on
the losses.
S: losses could be a consequence of a given business. We assumed that risk.
Therefore, when we enter into a business. We should assume that risk.
(pls add two more articles, we already discussed the first seven provisions. )