- Petitioner
- Adriano Arbes
- Respondent
- Vicente Polistico
- Citation
- G.R. No. 31057
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Villamor, J.
- Decided
- September 7, 1929
Summary
This case involved members of voluntary association 'Turnuhan Polistico & Co.' seeking liquidation and accounting from association officers. The Supreme Court affirmed the trial court's decision ordering defendants to return P24,607.80 plus uncollected credits to association members. The Court distinguished between unlawful partnerships and recovery rights, holding that while the association was unlawful, members could still recover their contributions (but not profits, which must go to charity per Civil Code Article 1666). The decision established that not all association members need to be parties in actions against officers for winding up affairs. The Court also upheld the trial court's acceptance of the court-appointed commissioner's financial findings despite defendants' objections.