- Petitioner
- Dan Fue Leung
- Respondent
- Hon. Intermediate Appellate Court
- Citation
- G.R. No. 70926
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Gutierrez, Jr., J.
- Decided
- January 31, 1989
Summary
This partnership dispute involved Dan Fue Leung and Leung Yiu over Sun Wah Panciteria restaurant established in 1955. Leung Yiu sued claiming he was a partner who contributed P4,000.00 and was entitled to 22% of annual profits. Key evidence included a Chinese receipt acknowledging the contribution, a P12,000.00 check representing 1974 profit share, handwriting analysis confirming authenticity, and witness testimonies. Dan Fue Leung denied the partnership, claiming sole ownership through personal savings. All three court levels found sufficient evidence of partnership under Civil Code Article 1767, rejecting prescription defenses since a partner's right to accounting continues until dissolution. The Supreme Court affirmed the profit-sharing award but ordered partnership dissolution under Article 1831 due to inequitable continuation, establishing important precedent on partnership evidence requirements and accounting rights.
Intellegal Wiki · Key Holding
Dismissed the petition and affirmed with modification, finding the requisites of a partnership under Article 1767 met by the contribution of money and intent to share profits, and that a partner's right to an accounting continues until dissolution (Article 1842); ordered dissolution under Article 1831 due to inequitable continuation.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.