IN RE SYCIP

FACTS:

ISSUE:

HELD:

This is a consolidated petition. The first one filed by the surviving partners of atty. Alexander Sycip and the other filed by
the surviving partners of Atty. Herminio Ovaepa. They pray that they be allowed to continue using the names of
partners who had passed away.
Petitioners based their petitions on the following arguments:
o
Art. 1840 of the Civil Code,
o
in regulating other professions, the legislature has authorized the adoption of firm names without any
restriction as to the use of the name of a deceased partner,
o
the Canons of Professional Ethics allows the continued use of a deceased partner when permissible by local
custom.
W/N law firms may continue to use the names o deceased partners in their firm names

NO!
Art. 1840 primarily deals with the exception of liability on cases of a dissolved partnership, of the individual property of
the deceased partner for debts contracted by the person who continues the business using the partnership name. what
the law contemplates is a hold over situation preparatory to formal reorganization. Art. 1840 treats more of a commercial
partnership with a good will to protect rather than a professional partnership whose reputation depends on the personal
qualifications of its individual members.
A partnership for the practice of law cannot be likened to partnerships formed by other professionals or for business. a
partnership for the practice of law is not a legal entity. It is not a partnership formed for then purpose of carrying on
trade or business or of holding property. Thus, assumed or trade name in law practice is improper. The right to practice
law is not a natural or constitutional right but is in the nature of a privilege or franchise.
It must be considered that in the Philippines, no local custom permits or allows the continued use of a deceased partners
name. Therefore, the cited provision on Canons of Professional Ethics is not applicable.

DISSENTING OPINION:

Petition may be granted with the condition that it be indicated in the letterheads of the 2 firms that Sycip and Ovaepa are
dead or the period when they served as partners sould be stated therein.