Singson vs. Sawmill
Jerold I. Saddi
SP LAWBUS 34
Case Summary
Manuel G. Singsong, Jose Belzunce, Agustin E. Tonsay, Jose L. Espinos, Bacolod Southern Lumber Yard, and Oppenm Esteban Inc., (Plaintiffs-Appellees)
VS.
Isabela Sawmill, Margarita G. Saldajeno and her husband Cecilio Saldajeno, Leon Garibay, Timoteo Tubungbanua, and the Provincial Sheriff of Negros Occidental, (defendants) Margarita G. Saldajeno and her husband Cecilio Saldajeno, defendants-appellants.
Nature:
An appeal to the Court of Appeals from the judgment of the Court of First Instance of Negros Occidental in Civil Case no. 5343.
Facts: * January 30, 1951 - the defendants entered into a Contract of Partnership under the firm name "Isabela Sawmill." * April 25, 1958 - an action to dissolve the partnership was filed by the spouses Cecilio Saldajeno against Isabela Sawmill, Leon Garibay, and Timoteo Tubungbanua * April 27, 1958 - the defendants Leon Garibay, Timoteo Tubungbanua and Margarita G. Saldajeno entered into a "Memorandum of Agreement” * May 26, 1958 - the defendants Leon Garibay, Timoteo Tubungbanua and Margarita G. Saldajeno executed a document entitled "Assignment of Rights with Chattel Mortgage" in favor of Sps. Saldejano * The defendants Leon Garibay and Timoteo Tubungbanua did not divide the partnership’s assets between them, but they continued the business under the same name "Isabela Sawmill". * The chattel mortgage was later foreclosed * May 18, 1959 - the Provincial Sheriff of Negros Occidental published two (2) notices that he would sell at public auction on June 5, 1959 at Isabela, Negros Occidental certain trucks, tractors, machinery, office equipment and other things - * October 15, 1969 – a Certificate of Sale was executed by the Provincial Sheriff of Negros Occidental in favor of the defendant Margarita G. Saldajeno * October 20, 1959 - the defendant Margarita G. Saldajeno executed a deed of sale in favor of the Pan Oriental Lumber Company transferring to
SP LAWBUS 34
Case Summary
Manuel G. Singsong, Jose Belzunce, Agustin E. Tonsay, Jose L. Espinos, Bacolod Southern Lumber Yard, and Oppenm Esteban Inc., (Plaintiffs-Appellees)
VS.
Isabela Sawmill, Margarita G. Saldajeno and her husband Cecilio Saldajeno, Leon Garibay, Timoteo Tubungbanua, and the Provincial Sheriff of Negros Occidental, (defendants) Margarita G. Saldajeno and her husband Cecilio Saldajeno, defendants-appellants.
Nature:
An appeal to the Court of Appeals from the judgment of the Court of First Instance of Negros Occidental in Civil Case no. 5343.
Facts: * January 30, 1951 - the defendants entered into a Contract of Partnership under the firm name "Isabela Sawmill." * April 25, 1958 - an action to dissolve the partnership was filed by the spouses Cecilio Saldajeno against Isabela Sawmill, Leon Garibay, and Timoteo Tubungbanua * April 27, 1958 - the defendants Leon Garibay, Timoteo Tubungbanua and Margarita G. Saldajeno entered into a "Memorandum of Agreement” * May 26, 1958 - the defendants Leon Garibay, Timoteo Tubungbanua and Margarita G. Saldajeno executed a document entitled "Assignment of Rights with Chattel Mortgage" in favor of Sps. Saldejano * The defendants Leon Garibay and Timoteo Tubungbanua did not divide the partnership’s assets between them, but they continued the business under the same name "Isabela Sawmill". * The chattel mortgage was later foreclosed * May 18, 1959 - the Provincial Sheriff of Negros Occidental published two (2) notices that he would sell at public auction on June 5, 1959 at Isabela, Negros Occidental certain trucks, tractors, machinery, office equipment and other things - * October 15, 1969 – a Certificate of Sale was executed by the Provincial Sheriff of Negros Occidental in favor of the defendant Margarita G. Saldajeno * October 20, 1959 - the defendant Margarita G. Saldajeno executed a deed of sale in favor of the Pan Oriental Lumber Company transferring to