68 Dissolution and Winding upl Consequences of Dissolution; Liability of Person/Partnership Continuing the Business (Art.

1840)
BERNARDO vs. EUFEMIA PASCUAL, ET AL., and WORKMEN'S COMPENSATION
COMMISSION
No. L-13260. October 31, 1960
FACTS:
 Bacane and Quinto are loggers admittedly employed by the petitioner
 On March 9, 1955, the deceased Pedro Pascual was, together with Rogelio
Bacane and Martin Quinto, in the woods at Bulacan when the tree he was
hewing fell on him causing his death
 he widow of the deceased on behalf of herself and their children filed a
claim for compensation with the Workmen's Compensation Commission.
 the widow of the deceased on behalf of herself and their children filed a
claim for compensation with the Workmen's Compensation Commission
 the claim was amended to include herein petitioner Lino P. Bernardo, the
timber concessionaire and owner and operator of the sawmill, as party
respondent
 Bernardo denied that he was a timber concessionaire before October 13,
1955 he had an employer-employee relationship with the deceased
 The referee assigned denied the claim but upon review, the commissioner
reversed the decision ordering Bernardo to pay the claimants compensation,
hence this petition for certiorari
 Bacane and Quinto testified that the said deceased was their co-laborer in
the lumber concession of petitioner Lino P. Bernardo.

ISSUE: Whether Bernardo is free from liability since he only became a lumber
concessionaire after the death of the deceased.

RULING: No. A partner in a lumber concession who acquires the interests of his
co-partners becomes the sole concessionaire and becomes liable to all creditors
of the partnership (Art. 1840, new Civil Code). Prior to October 13, 1955, he was a
partner to several persons owning the concession in San Miguel, Bulacan, and
subsequent thereto, he acquired the interest of his partners and became the sole
concessionaire. Under those circumstances he became liable to the creditors of
the partnership. (Art. 1840, new Civil Code.)