Campos Rueda & Co v Pacific

Commercial (44 Phil 916)

Facts:
Campos, Rueda & Co., a limited partnership, is indebted to the appellants:
Pacific Commercial Co. , Asiatic Petroleum Co, and International Banking
Corporation amounting to not less than P1,000.00 (which were not paid more
than 30 days prior to the date of the filing by petitioners of the application for
voluntary insolvency).
The trial court denied their petition on the ground that it was not proven, nor
alleged, that the members of the firm were insolvent at the time the
application was filed. It also held that the partners are personally and
solidarily liable for the consequences of the transactions of the partnership.
Issue:
Whether or not a limited partnership may be held to have committed an act of
insolvency.
Held:
Yes. A limited partnerships juridical personality is different from the
personality of its members. On general principle, the limited partnership must
answer for and suffer the consequence of its acts. Under our Insolvency Law,
one of the acts of bankruptcy upon w/c an adjudication of involuntary
insolvency can be predicated is the failure to pay obligations.
The failure of Campos, Rueda & Co., to pay its obligations constitutes an act
w/c is specifically provided for in the Insolvency Law for declaration of
involuntary insolvency. The petitioners have a right to a judicial decree
declaring the involuntary insolvency of said partnership.