- Statute
- Philippine Civil Code
- Article
- Art. 1768
- Topic
- General Provisions
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE IX PARTNERSHIP
- Chapter
- CHAPTER 1 General Provisions
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The partnership has a juridical personality separate and distinct from that of each of the partners, even in case of failure to comply with the requirements of article 1772, first paragraph. (n)
Intellegal Wiki · In plain terms
A partnership is a legal person in its own right, separate and distinct from the individual partners. This separate personality exists even when the partners fail to meet the first-paragraph requirement of article 1772, so that non-compliance does not deprive the firm of its own juridical identity.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Alfredo N. Aguila, Jr. v. Honorable Court of Appeals, the Supreme Court held: A partnership has a juridical personality separate from its partners (Article 1768); an action on a partnership obligation must be brought against the partnership, and individual partners are not liable absent proof that the separate personality was used for fraud.
One leading Supreme Court case applying this provision.
Cases applying this article
- Alfredo N. Aguila, Jr. v. Honorable Court of Appeals
- Involuntary Insolvency of Mariano Velasco & Co. v. Vicente Nepomuceno
- Aniceto G. Saludo, Jr. v. Philippine National Bank
- Sunga-Chan v. Chua G.R. No. 143340