GR L 3638; (November, 1907) (Digest)
G.R. No. L‑3638
Faustino Guerra v. Blanco Sendagorta & Urrutia (19 Nov 1907)
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FACTS
– Plaintiff Faustino Guerra was employed as manager of the hacienda of the partnership Blanco Sendagorta & Urrutia.
– He claimed two unpaid salaries:
1. April 1 1901 Mar 31 1903 at ₱60 per month (total ₱1,440).
2. Dec 15 1903 Apr 15 1905 at ₱80 per month (total ₱1,280).
– He also alleged that he deposited ₱506 with partner Tomas Blanco, which was never returned.
– The trial court awarded the full amount claimed, less the ₱357.63 already drawn, plus interest, totaling ₱3,070.27.
– The partnership appealed, arguing: (a) Guerra’s contract was solely with Blanco, not the partnership; (b) Blanco lacked authority to bind the partnership; and (c) the deposit was made to Blanco personally, not to the partnership.
ISSUE
Whether the partnership is liable for the salaries claimed by Guerra for the periods of service and for the ₱506 deposit, given that the alleged contracts were with individual partner Tomas Blanco and not expressly with the partnership.
RULING
– First period (1901‑1903) & the ₱506 deposit: The record shows the contract and deposit were made with Blanco individually; no evidence ties the partnership to liability. The partnership is not liable for these sums. Guerra may sue Blanco personally.
– Second period (Dec 1903 Apr 1905): Evidence shows the other partners recognized liability for part of the salary, but no express contract covered the entire 16‑month term. Moreover, the action was filed on Feb 9 1905, before the contract’s alleged termination on Apr 15 1905; thus Guerra cannot recover for services rendered after filing. He ceased to administer the hacienda on Dec 2 1904, when Santos Ondaviela succeeded him.
– Accordingly, Guerra is entitled only to the salary earned from Dec 15 1903 to Dec 2 1904 (11 months 17 days) at ₱80 per month, amounting to ₱925.33, plus 6 % interest from Feb 9 1905 and costs.
The Supreme Court modified the lower‑court judgment to award ₱925.33 with interest and costs, without prejudice to Guerra’s separate action against Blanco for the earlier salary and the deposit.
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