Partnership 3: Obligations of the Partners Among Themselves (Inter Se)

[@maryelainejrigot9693]

Thank you, Atty! This is a great help!

[@eduardogarcia4975]

Thank you po Attorney for creating this video po.

[@erzajean5585]

Thank u sir

[@escanor9449]

nice posters atty! hehe

[@rocksxebec6041]

Hi Atty! I have a question po. How do we reconcile Art 1789 with the case of Evangelista v Santos GR L-31684, which, to my understanding, supposes that an industrial partner may still engage in another "business" with 'implied' consent from the other partners, as if they were already estopped from assailing the designation of the industrial partner; or when the industrial partner's other "business" is not antagonistic to that of the company? My professor isn't entertaining my questions, sadly.

[@AttyJavierLawVlog]

Hello, let me get your thoughts first. What is your perceived conflict, that you feel must be reconciled?

[@rocksxebec6041]

@@AttyJavierLawVlog because Art 1789 says that an industrial partner cannot engage in business for himself, unless the partnership expressly permits him. But in the case, the designation of Evangelista as industrial partner was considered valid because the partners knew of the former's occupation as a judge po when they constituted the partnership. So to my understanding, an implied consent was given by the partners, and that they are estopped from assailing the same. My other confusion po is the non-antagonistic nature of an industrial partner's other "business" in order to survive scrutiny in Art 1789

[@AttyJavierLawVlog]

So, with your first paragraph, it seems to me that issue is resolved. For the second, my take-away is that the occupation of being a judge is not really in the nature of "doing business", as it is not an occupation primarily for profit, but one of public service.

[@rocksxebec6041]

@@AttyJavierLawVlog alright, thank you Atty! Big help po.

[@camilleannabamonga8173]

hi classmates hahahaha goodluck sa exam!

[@georgemawak2266]

goodevening atty. hindi ko po gano masundan kng anong mga article na po ung dinidiscuss... topic po kac agad. gusto ko lang po masabayan ung nasa printed ko para mas maintindihan ko sana.. thankyou atty.

[@AttyJavierLawVlog]

Hello. Ano gusto mo gawin ko, ulitin ko? Cater to your needs? Remember, my vlogs are SUPPLEMENTARY to your studies. You MUST do the work - the readings - FIRST. Study the codal, then the commentaries, AND ONLY THEN, my vlogs. Gusto mo spoonfeeding, pano yan pag may client na nagtanong sayo, hahanapin mo ako? Learn to stand on your own two feet, and I promise you, you will be better for it. Good luck with your studies!

[@russellapuz5204]

hi atty. tanong ko lang po kung anong book gamit niyo. thanks!

[@AttyJavierLawVlog]

If you're in college, the de Leon soft bound is fine. If in law school, the hard bound de Leon is fine as well.

[@russellapuz5204]

@@AttyJavierLawVlog thank you po!

[@jeanbautista3105]

wohoi

[@AttyJavierLawVlog]

?

[@reycfd7753]

Tnx, Atty. Watching and listening to your videos is just like reading De Leon.

[@micahsoriano4234]

Hello atty. I want to clarify something po sana. The industrial partner is not liable po sa loss pero for damages and liabilities po liable po ba si industrial partner?

[@AttyJavierLawVlog]

Hello, I could answer that, but I have to make sure you have studied first. I am not in the habit of spoonfeeding students. What do you think is the answer to your question? Provide legal basis.

[@micahsoriano4234]

@@AttyJavierLawVlog Hello sir based on my readings po, sharing of loses may exclude the industrial partner because it is an obligation to the partners unless stipulated, but it does not exempt in terms of liability because it is an obligation to third parties not to the partners. But not sure po sa damages but my answer is, the industrial partner can be liable for damages when acted in bad faith.

[@AttyJavierLawVlog]

O, looks like you get it naman pala. If the damages stem from a liability to third parties then just apply the rule that the industrial partner will be liable for it as well

[@micahsoriano4234]

@@AttyJavierLawVlog Thank you po atty.

[@maureennavarette9768]

Atty. Pwede bang maging consultant ang isang partner sa mismong partnership na kung saan sya belong? Babayaran yung partner sa work na ginawa nya.

[@AttyJavierLawVlog]

Depende po sa usapan ng mga partner. Kung lahat sila mag agree, then wala po dapat problema. Pero depende din sa ibang mga factor. Kung nais nyo po mag tanong, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa [e-mail] during office hours para malaman ang rates at iba pang mga detalye. Salamat po

[@maureennavarette9768]

@@AttyJavierLawVlog thank you po atty.