Professional Documents
Culture Documents
FACTS:
Tan alleged that she is the widow of Tee Hoon Lim Po Chuan,
who was a partner in the commercial partnership, Glory
Commercial Company with Antonio Lim Tanhu and Alfonso Ng
Sua".
Defendant Antonio Lim Tanhu, Alfonso Leonardo Ng Sua, Lim
Teck Chuan, and Eng Chong Leonardo, through fraud and
machination, took actual and active management of the
partnership and although Tee Hoon Lim Po Chuan was the
manager of Glory Commercial Company, defendants managed
to use the funds of the partnership to purchase lands and
buildings in the cities of Cebu, Lapulapu, Mandaue, and the
municipalities of Talisay and Minglanilla.
She alleged in her complaint that after the death of Tee Hoon
Lim Po Chuan, the defendants, without liquidation, continued
the business of Glory Commercial Company, by purportedly
organizing a corporation known as the Glory Commercial
Company, Incorporated and sometime in the month of
November, 1967, defendants, particularly Antonio Lim Tanhu,
by means of fraud deceit, and misrepresentations did then and
there, induce and convince her to execute a quitclaim of all her
rights and interests, in the assets of the partnership of Glory
Commercial Company.
Thereafter, in the year 1968-69, the defendants who had
earlier promised to liquidate the aforesaid properties and
assets in favor, among others of plaintiff and until the middle of
the year 1970 when the plaintiff formally demanded from the
defendants the accounting of real and personal properties of
the Glory Commercial Company, defendants refused and stated
that they would not give the share of the plaintiff.
ISSUE:
Whether Tan has a right over the liquidated properties of the
partnership
HELD:
No, Tan has no right over the liquidated properties of the
partnership
The Supreme Court held that there is no alternative but to hold
that plaintiff Tan Put's allegation that she is the widow of Tee
Hoon Lim Po Chuan has not been satisfactorily established and
that, on the contrary, the evidence on record convincingly
require the return of the same thing received) does not include
money received for a partnership; otherwise the result would
be that, if the partnership, instead of obtaining profits, suffered
losses, as it could not be held liable civilly for the share of the
capitalist partner who reserved the ownership of the money
brought in by him, it would have to answer to the charge of
estafa, for which it would be sufficient to argue that the
partnership had received the money under obligation to return
it.
RICARDO CELINO, petitioner, vs. THE COURT OF APPEALS
and THE PEOPLE OF THE PHILIPPINES, respondents.
FACTS:
Complainant Jose Tan Kapoe testified that Zosimo and Ricardo
Celino together with two (2) other companions went to his
house and informed him that there was a hidden treasure
under his lot; that they told him that a certain dwarf entering
the body of Zosimo is giving instructions to the latter as to the
digging operations; that he will be given millions of pesos; that
because he and accused Ricardo Celino as well as their fathers
were close friends, he believed them.
So later on, they dug a hole in his ricemill and they told him
that they discovered a treasure, a jar full of gold; that both
accused Ricardo and Zosimo did not allow him to see it by
covering it with a sack and white cloth; that both Ricardo and
Zosimo told him to give P10,000.00 and he got the money from
his safety vault, placed it in a white envelope, 6x3 inches, and
gave it to the accused Zosimo; that both Ricardo and Zosimo
went inside the little room under the stairs of his house where
they brought the jar filled with treasure and placed the money
on the treasure; that Ricardo and Zosimo stayed in the room
for about 1/2 hour and then they went out of the room and
closed the door; that Zosimo told him that they are going back
upon instructions of the dwarf and that they will communicate
with him again; that the second time, he was told by the two
(2) brothers, Requerido and Cipriano Celino to give P5,000.00
which he also placed in a white envelope; that he gave the
money to Zosimo who together with his father, accused
Ricardo, went inside again the room and they said that they
placed the money on the treasure; that he was forbidden to
enter or touch the treasure because the dwarf will be angry;
that the third time, it was Requerido Celino who advised him to
give money allegedly upon instructions of the dwarf and he
withdrew money from the Bank of the Philippine Islands and
they went through the same procedure in placing the money in