8/12/2019 Compania Agricola de Ultrama v. Reyes

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Kathryn P. AkmadBulacan State UniversityCollege of Law

TITLE:Compania Agricola de Ultrama v. Reyes

FACTS:The representatives of the Compania Agricola de Ultrama, a partnership legally

organized in Spain, domiciled in Manila presented a complaint in justices court of the to!n of"uingua, province of #ulacan, against Anacleto Reyes and others setting forth that the

defendants !ere tenants of the estate, the property of the plaintiffs company located in

"uingua of !hom !ere occupying the $uantity of land e%pressed therein !ith having paid therentals for & consecutive years not!ithstanding the fact that said payment had 'een demanded

several times at the end of each year. Therefore, the plaintiff company prayed that judgment 'e

rendered against said defendants, ordering them to vacate the lands occupied 'y plaintiff has

'etter right of possession to the property. Upon notice, the defendants appeal the justice ofpeace after hearing 'oth parties, supposition that said (laintiff Company !as a commercial

partnership su'ject to the provision of the Code of Commerce, and had not registered in the

commercial registry denied the petition of the plaintiff. )n appeal interposed 'y plaintiff toC*+ of #ulacan confirming the decision of juctice court of "uingua and declared the Compania

Agricola de Ultrana a commercial partnership. The judge on petition declared that the company

!as a civil partnership. Again the plaintiff e%cepted to this judgment have this case !as filed.

ISSUE:hether or not the company in $uestion has the legal personality of a civil partnership

in the mercantile form.

HELD: The provisions of la! !hich serve as a 'asis for 'oth aspects of the $uestion are the ff-

ith respect to the judicial personality of a civil partnership, articles /01, //0, //2, and

//1 of the Civil Code. As to the justice personality of a mercantile partnership articles 0,1 0 and 34 of the Code of Commerce. +f the mem'ers of the Compania Agricola de Ultrama

!hen constituting this partnership e%pressly !ith the civil character in accordance !ith the

agreements had contri'uted capital in cash only for the purpose of e%ploiting and developingthe agricultural industry in the (hilippine +slands. The plaintiff company had statutory

authority to organize under the Civil Code of the purposes indicated in its articles of

association. 5aving completed !ith the forms re$uired for the organization of associations of

its class under the Civil Code, is a juristic person recognized 'y la! and has capacity tomaintain the presentation. The judgment of the lo!er court is reversed and the cause is

remanded to C*+ of #ulacan !ith direction that the defendants 'e re$uired to appear and

ans!er other the time fi%ed 'y la!.