Practice question
A creditor argues that mutual agency among partners automatically makes service on the partnership equivalent to individual impleading of every partner for execution. Which is sound?
- Business mutual agency does not erase the separate procedural requirement identified in Guy.
- Mutual agency makes every unnamed partner a judgment debtor in every suit.
- The partnership’s separate legal personality disappears in all litigation.
- The creditor may enlarge the dispositive judgment without proceedings.
- A business relationship necessarily waives personal due process.
Legal references
- Guy v. Gacott, G.R. No. 206147, January 13, 2016, main decision, plaintiff submission and nonparty partner: https://lawphil.net/judjuris/juri2016/jan2016/gr_206147_2016.html
- 2019 Amendments to Civil Procedure, Rule 14 Section 23 and Rule 8 Section 12, current personal-jurisdiction framework: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.