Petitioner
Isabelo Moran, Jr.
Respondent
The Hon. Court of Appeals
Citation
G.R. No. 59956
Court
Supreme Court
Division
First Division
Ponente
Gutierrez, Jr., J.
Decided
October 31, 1984

Summary

This case involved a partnership dispute between Isabelo Moran Jr. and Mariano Pecson over a failed business venture to print Constitutional Convention delegate posters. Both parties breached their obligations under their February 1971 agreement - Pecson failed to contribute his full P15,000 share while Moran failed to contribute anything and printed only 2,000 of the agreed 95,000 posters. The Supreme Court rejected the Court of Appeals' award of speculative damages totaling P62,500, holding that such awards lack factual and legal basis when there's no evidence the partnership would have been profitable. The Court applied Civil Code provisions on partnerships, emphasizing that partners must share both profits and losses, and that business ventures carry inherent risks. The final judgment ordered Moran to pay only P9,000 total: P6,000 representing Pecson's unused contribution and P3,000 as half of the actual net profits from the 2,000 posters sold. This decision demonstrates the Court's rejection of speculative damage awards in failed partnership ventures and reinforces the principle that partners bear shared responsibility for business risks and failures.

Statutes applied

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By the Intellegal Editorial Board · October 31, 1984

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