Short answer. Yes. Article 1817 of the Civil Code makes a stipulation against partner liability void, but expressly excepts stipulations as among the partners — so while the clause cannot shield that partner from outside creditors, the partners themselves can still enforce it against each other internally.
What the law says
Any stipulation against the liability laid down in the preceding article shall be void, except as among the partners.
Civil Code, Article 1817 — Void Stipulation Against Liability. Read the full provision →
Void against creditors, valid among partners
Article 1817 provides that any stipulation against the liability laid down in the preceding article shall be void, except as among the partners. The article draws a clear line: the stipulation cannot be used to defeat a creditor's claim, but that same stipulation is not void in every respect — the exception preserves its effect specifically among the partners themselves. The liability laid down in the preceding article is the partners' default exposure to those the partnership deals with — the very exposure the stipulation tries to erase — and it is only that outward-facing effect the article voids.
What this exception actually lets the partners do
Because the stipulation remains valid as among the partners, the partners can still hold each other to whatever internal arrangement they agreed to regarding that partner's liability — for instance, by requiring the other partners to reimburse or indemnify the affected partner for what he ends up paying a creditor despite the clause being void as to that creditor. The clause functions internally even though it has no effect on the outside claim itself.
Why the law protects creditors but not the partners from each other
The void-against-third-parties rule exists to stop partners from privately agreeing away the liability that protects the people the partnership deals with — creditors who extend credit relying on the general rule of partner liability should not be defeated by an internal arrangement they never agreed to and likely never knew about. Among the partners, though, there is no third party being misled, so the law lets their own agreement about how liability is shared stand.
What the article does not spell out
Article 1817 confirms that the stipulation survives among the partners but does not itself describe how that internal arrangement is to be enforced, what remedies a partner has against the others if they refuse to honor it, or how the numbers are worked out once a creditor has actually been paid. Those questions depend on the specific terms of your partnership agreement and the general rules governing partnerships.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Aniceto G. Saludo, Jr. vs. Philippine National Bank, G.R. No. 193138, August 20, 2018 — read the decision on LawPhil →