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Article 1768.

The partnership has a juridical personality separate and distinct from that of each
of the partners, even in case of failure to comply with the requirements of article 1772, first
paragraph. (n)

Article 1772. Every contract of partnership having a capital of three thousand pesos or more, in
money or property, shall appear in a public instrument, which must be recorded in the Office
of the Securities and Exchange Commission.

Failure to comply with the requirements of the preceding paragraph shall not affect the liability
of the partnership and the members thereof to third persons. (n)

Article 1774. Any immovable property or an interest therein may be acquired in the partnership
name. Title so acquired can be conveyed only in the partnership name. (n)

Since a partnership has juridical personality separate from and independent of that of the
persons composing it is but logical and natural that immovable property may be acquired in the
partnership name.

The decisions of no less than the Supreme Court may be squarely applied to the case at hand,
as partnerships, within the meaning of Philippine law is an entity created by the operation of
law, just like a corporation. In Santos v. National Labor Relations Commission 325 Phil. 145
(1996), as cited in the case of recent vintage in Francisco vs. Mallen, Jr., G.R. No. 173169,
September 22, 2010 the Court held that a corporation is a juridical entity with legal personality
separate and distinct from those acting for and in its behalf and, in general, from the people
comprising it.

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