Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-12541 August 28, 1959 ROSARIO U. YULO, assisted by her husband JOSE C. YULO, plaintiffs- appellants, vs. YANG CHIAO SENG, defendant-appellee. Punzalan, Yabut, Eusebio & Tiburcio for appellants. Augusto Francisco and Julian T. Ocampo for appellee. LABRADOR, J.: Appeal from the judgment of the Court of First Instance of Manila, Hon. Bienvenido A. Tan, presiding, dismissing plaintiff's complaint as well as defendant's counterclaim. The appeal is prosecuted by plaintiff. The record discloses that on June 17, 1945, defendant Yang Chiao Seng wrote a letter to the palintiff Mrs. Rosario U. Yulo, proposing the formation of a partnership between them to run and operate a theatre on the premises occupied by former Cine Oro at Plaza Sta. Cruz, Manila. The principal conditions of the offer are (1) that Yang Chiao Seng guarantees Mrs. Yulo a monthly participation of P3,000 payable quarterly in advance within the first 15 days of each quarter, (2) that the partnership shall be for a period of two years and six months, starting from July 1, 1945 to December 31, 1947, with the condition that if the land is expropriated or rendered impracticable for the business, or if the owner constructs a permanent building thereon, or Mrs. Yulo's right of lease is terminated by the owner, then the partnership shall be terminated even if the period for which the partnership was agreed to be established has not yet expired; (3) that Mrs. Yulo is authorized personally to conduct such business in the lobby of the building as is ordinarily carried on in lobbies of theatres in operation, provided the said business may not obstruct the free ingress and agrees of patrons of the theatre; (4) that after December 31, 1947, all improvements placed by the partnership shall belong to Mrs. Yulo, but if the partnership agreement is terminated
Republic of the PhilippinesSUPREME COURTManilaEN BANCG.R. No.
L-12541 August 28, 1959ROSARIO U. YULO, assst!" #$ %!& %us#a'"
(OSE C. YULO, plaintifs-appellants, vs.YANG C)IAO SENG,
defendant-appellee.Punzalan, Yabut, Eusebio & Tiburcio for
appellants.Augusto Francisco and Julian T. Ocampo for
appellee.LA*RA+OR, J.,Appeal from the ud!ment of the Court of "irst
#nstance of Manila, $on. BienvenidoA. %an, presidin!, dismissin!
plaintif&s complaint as 'ell as defendant&scounterclaim.
%he appeal is prosecuted b(
plaintif.%herecorddisclosesthaton)une*+, *,-.,
defendant/an!Chiao0en!'rotealetter to the palintif Mrs. Rosario 1.
/ulo, proposin! the formation of a partnershipbet'een them to run
and operate a theatre on the premises occupied b( formerCine 2ro at
Pla3a 0ta. Cru3, Manila. %he principal conditions of the ofer are
4*5 that/an!Chiao 0en!!uaranteesMrs./ulo a monthl( participation
ofP6,777pa(able8uarterl( in advance 'ithin the 9rst *. da(s of each
8uarter, 4:5 that thepartnership shall be for a period of t'o (ears
and si; months, startin! from )ul( *,*,-. to in!pictures. %he
capitalis 9;ed at P*77,777, PB7,777 of 'hich is to be furnished
b(/an! Chiao 0en! and P:7,777, b( Mrs. /ulo. All !ains and pro9ts
are to bedistributed amon! the partners in the same proportion as
their capital contributionand the liabilit( of Mrs. /ulo, incase of
loss, shall be limited to her capitalcontribution 4E;h. ?B?5.#n
)une , *,-C, the( e;ecuted a supplementar( a!reement, e;tendin!
thepartnership for a period of three (ears be!innin! )anuar( *,
*,-B to
