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Partnership Busorg1

Partnership Busorg1

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Published by: Arianne Joyce Flores on Jun 19, 2012
Copyright:Attribution Non-commercial


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I. Partnership- General Provisions
Yu vs NLRC 224 SCRA 75 (1993)
FACTS:Jade Mountain Products Company Limited" (Jade Mountain forbrevity) is the registered firm name of a partnership which was engaged inmarble quarrying and export business.The partnership was organized sometime on June 28, 1984 with LeaBendal and Rhodora Bendal as general partners and Chin Shian Jeng, ChenHo-Fu and Yu Chang as limited partners.Sometime on March 14, 1985, petitioner Benjamin Yu was hired bythe Firm as its Assistant General Manager. He received a monthly salary of P4,000.00. However, what he actually received is only half of his stipulatedmonthly salary.
In 198,the General Partners Lea Bendal and Rhodora Bendal sold andtransferred their interests in the partnership to private respondent WillyCo and to one Emmanuel Zapanta. Mr. Yu Chang, a limited partner, alsosold and transferred his interest in the partnership to Willy Co. 82% of thetotal partnership interest were transferred and sold to Mr. Willy Co andEmmanuel Zapanta.Despite changes in its membership, private respondents continued to usethe old firm name, Jade Mountain. However, as a result of thischange in the membership of the partnership, petitioner was no longerallowed to work in the Jade Mountain. Furthermore, his unpaid salariesremain unpaid. Thus, he filed an illegal dismissal and recovery of unpaidsalaries.

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