TUASON VS. BOLANOSGR. No. L-4935. May 28, 195495 Phil.
106CASE DIGESTFacts:Plaintiff’s complaint
against defendant was to recover possession of a registered land. Inthe complaint, the plaintiff is represented by its Managing Partner, Gregorio Araneta, Inc.,another corporation. Defendant, in his answer, sets up prescription and title in himself thru"open, continuous, exclusive and public and notorious possession under claim of ownership,adverse to the entire world by defendant and his predecessors in interest" from "timeimmemorial". After trial, the lower court rendered judgment for plaintiff, declaring defendant tobe without any right to the land in question and ordering him to restore possession thereof toplaintiff and to pay the latter a monthly rent. Defendant appealed directly to the Supreme Courtand contended, among others, that Gregorio Araneta, Inc. can not act as managing partner forplaintiff on the theory that it is illegal for two corporations to enter into a partnershipIssue:Whether or not a corporation may enter into a joint venture with another corporation.Ruling:It is true that the complaint states that the plaintiff is "represented herein by its ManagingPartner Gregorio Araneta, Inc.", another corporation, but there is nothing against onecorporation being represented by another person, natural or juridical, in a suit in court. Thecontention that Gregorio Araneta, Inc. cannot act as managing partner for plaintiff on the theorythat it is illegal for two corporations to enter into a partnership is without merit, for the true rule isthat "though a corporation has no power to enter into a partnership, it may nevertheless enterinto a joint venture with another where the nature of that venture is in line with the businessauthorized by its charter." (Wyoming-Indiana Oil Gas Co. vs. Weston, 80 A. L. R., 1043, citing 2.Fletcher Cyc. of Corp., 1082.). There is nothing in the record to indicate that the venture inwhich plaintiff is represented by Gregorio Araneta, Inc. as "its managing partner" is not in linewith the corporate business of either of them