Text of the provision
Art. 1822. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his co-partners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.
What this article means
When a partner, acting in the ordinary course of the firm's business or with the authority of the other partners, wrongfully causes loss or injury to someone outside the partnership — or incurs a penalty — the partnership itself is liable to the same extent as the partner who acted. The injured person is therefore not confined to pursuing the individual wrongdoer; the firm answers too. Two conditions carry the rule: the person who acted must be a partner, and the act must fall within the ordinary business of the partnership or have been authorised by the co-partners. An act outside both of those does not reach the firm under this article.
Related provisions
- Article 1821 — Notice to a Partner.
- Article 1823 — Partnership Liability for Misapplied Property.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.