G.R. No. L-45464; April 28, 1939
JOSUE SONCUYA, plaintiff-appellant, vs. CARMEN DE LUNA, defendant-appellee.

FACTS

Plaintiff Josue Soncuya filed an amended complaint against Carmen de Luna, both as an individual and as co-administratrix of the estate of Librada Avelino. He sought damages amounting to P700,432, alleging fraudulent administration of the “Centro Escolar de Señoritas” partnership, of which all were members. The defendant demurred, arguing the complaint failed to state a cause of action and was ambiguous, unintelligible, and vague. The trial court sustained the demurrer and ordered the plaintiff to amend. Upon the plaintiff’s refusal to amend, the court dismissed the complaint. The plaintiff appealed.

ISSUE

Whether the amended complaint states a sufficient cause of action for a partner to claim damages from a managing partner for alleged fraudulent administration without a prior liquidation of the partnership.

RULING

No. The Supreme Court affirmed the dismissal. For a partner to claim damages from a managing partner due to alleged fraudulent administration, a prior liquidation of the partnership is necessary. The complaint did not allege that such liquidation had been effected, nor did it pray for one. Without liquidation, the profits, losses, and respective liabilities cannot be determined, and thus, no cause of action for damages exists. The Court found it unnecessary to rule on whether the complaint was ambiguous, unintelligible, or vague.

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