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FACTS
Pets and private resps are brothers and sisters who are
co-owners of certain lots in QC which were being
leased to SHELL.
They agreed to open and operate a gas station thereat to
be known as Estanislao Shell Service Station with an
initial investment of P15,000.00 to be taken from the
advance rentals due to them from SHELL for the
occupancy of the said lots owned in common by them.
Joint affidavit was executed by them.
Eligio applied for the dealership (SHELL had a policy
that there can only be one dealer). Remedios helped in
co-managing the business.
The parties entered into Additional Agreement wherein it
was reiterated that the P 15,000.00 advance rental shall
be deposited with SHELL to cover advances of fuel
with a proviso that said agreement cancels and
supersedes the original agreement executed by the
co-owners.
Pet Eligio submitted financial statements regarding the
operation of business but failed to render subsequent
accounting. Hence, a demand was made to render an
acctg of the profits.
Dec. 1968 financial report shows that they were able to
make a profit of 87k and by 1969, a profit of 150k was
realized.
CFI: Private resps filed a complaint against Eligio to
(1) to render an accounting of the profits;
(2) to execute a public document embodying all the
provisions of the partnership agreement;
(3) to pay the plaintiffs their lawful shares and
participation in the net profits of the business;
(4) to pay 10k as attys fees and costs of suit.
Dismissed the complaint by temporary PJ Anover.
Hon. Tensuan set aside the decision and render another
decision in favor of resps ordering Eligio to do 1234.
CA affirmed. Hence this petition.
ISSUE