- Statute
- Philippine Civil Code
- Article
- Art. 1822
- Topic
- Obligations of the Partners
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE IX PARTNERSHIP
- Chapter
- CHAPTER 2 Obligations of the Partners
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his co-partners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act. (n)
Intellegal Wiki · In plain terms
Where a partner, acting in the ordinary course of the business or with his co-partners' authority, wrongfully causes loss or injury to a person outside the partnership — or incurs a penalty — the partnership answers to the same extent as the partner himself. Article 1823 extends the same principle to misapplied money or property received from a third person. The difference from ordinary contractual liability matters: for contracts, Article 1816 makes the partners liable pro rata and only after partnership assets are exhausted, whereas Article 1824 makes all partners liable solidarily with the partnership for everything chargeable under Articles 1822 and 1823.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Michael C. Guy v. Atty. Glenn C. Gacott
- Visayan Surety And Insurance Corporation, Recurrente, Contra Victorina G. De Laperal, Asistida De Su Esposo, Roberto Laperal, Recurridos
- Ma. Julieta B. Bendecio v. Virginia B. Bautista
- Higgins v. Sellner G.R. No. 15825