Valencia, Jan Julia F.

February 24, 2024

BSA 2206

CASE NO. 2 ORTEGA, et.al., vs. CA, et.al., G.R. No. 109248 July 3, 1995

Questions Answers

1.Who were the contending parties or persons in
the case?
Petitioners: Gregorio F. Ortega, Tomas O. Del
Castillo, Jr., and Benjamin T. Bacorro
Respondents: Hon. Court of Appeals, Securities
and Exchange Commission, and Joaquin L. Misa
Important Facts Related to General Partnership's
Death and Limited Partnership:

2. What are the important facts in the said case
that are also related to the topics in the
above-mentioned PowerPoint?
Important Facts Related to General Partnership's
Death and Limited Partnership:
● The case involves a dispute among
partners in a law firm, which was
originally established as a general
partnership.
● The partnership went through several
amendments to its articles of partnership
over the years, indicating changes in its
composition and structure.
● The withdrawal of a partner, Joaquin L.
Misa, led to the dissolution of the
partnership, highlighting the principle of
dissolution in general partnerships.
● The case also underscores the importance
of partnership agreements in governing
the rights and obligations of partners,
including the liquidation of partnership
assets upon dissolution.

3. What is/are the issue/s or dispute/s in the said The main dispute in the case revolves around the
case or why were those parties contending with dissolution and liquidation of the partnership
each other? following Joaquin L. Misa's withdrawal.
Joaquin L. Misa sought the dissolution and
liquidation of the partnership, while the other
partners contested certain aspects of the process
and distribution of assets.

4. What were the arguments or standpoint or
reasoning of the parties or persons contending in
said case?
● Joaquin L. Misa argued for the dissolution
of the partnership following his
withdrawal, asserting his right to have his
share of the partnership assets liquidated
and distributed.
● The other partners contested the manner

5. Give the brief decision or ruling of the Supreme
Court and explain briefly why it is
related to the topic.
in which the dissolution and liquidation
were to be carried out, raising issues
regarding the interpretation of partnership
agreements and the distribution of assets.
The Supreme Court affirmed the decision of the
Court of Appeals, upholding the dissolution of the
partnership following Joaquin L. Misa's
withdrawal.
The Court emphasized the principles governing
partnerships at will and the right of partners to
dissolve the partnership at any time.
The ruling underscores the significance of
partnership agreements in governing the rights and
obligations of partners and highlights the legal
framework for the dissolution and liquidation of
partnership assets, which are pertinent topics in
the study of general partnerships and limited
partnerships.