Scribd
Upload
16 views2 pages

RCBC v. Iac

This case discusses when the suspension of actions for claims against a distressed corporation called BF Homes should take effect. It analyzes Section 6 of PD 902-A, which discusses suspension of claims against a corporation under rehabilitation. The court held that suspension of claims takes effect upon the appointment of a management committee or rehabilitation receiver, board or body by the SEC, not when the petition for rehabilitation is initially filed.

Uploaded by

ecalota
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
16 views2 pages

RCBC v. Iac

This case discusses when the suspension of actions for claims against a distressed corporation called BF Homes should take effect. It analyzes Section 6 of PD 902-A, which discusses suspension of claims against a corporation under rehabilitation. The court held that suspension of claims takes effect upon the appointment of a management committee or rehabilitation receiver, board or body by the SEC, not when the petition for rehabilitation is initially filed.

Uploaded by

ecalota
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

RCBC vs. IAC G.R. No.

74851, December 9, 1999

Facts: On September 28, 1984, BF Homes filed a “Petition for Rehabilitation and for Declaration of Suspension of
Payments” with the SEC.

RCBC, one of the creditors listed in BF Homes’ inventory of creditors and liabilities, on October 26, 1984, requested
the Provincial Sheriff of Rizal to extra-judicially foreclose its real estate mortgage on some properties of BF Homes.
BF Homes opposed the auction sale and the SEC ordered the issuance of a writ of preliminary injunction upon
petitioners filing of a bond. Presumably unaware of the filing of the bond on the very day of the auction sale, the
sheriff proceeded with the public auction sale in which RCBC was the highest bidder for the properties auctioned.
But because of the proceedings in the SEC, the sheriff withheld the delivery to RCBC of the certificate of sale
covering the auctioned properties.

On March 13, 1985, despite the SEC case, RCBC filed with RTC an action for mandamus against the provincial
sheriff of Rizal to compel him to execute in its favor a certificate of sale of the auctioned properties.
On March 18, 1985, the SEC appointed a Management Committee for BF Homes.

Consequently, the trial court granted RCBC’s “motion for judgment on the pleading” ordering respondents to
execute and deliver to petitioner the Certificate of Auction Sale.

On appeal, the SC affirmed CA’s decision (setting aside RTC’s decision dismissing the mandamus case and
suspending issuance to RCBC of new land titles until the resolution of the SEC case) ruling that “whenever a
distressed corporation asks the SEC for rehabilitation and suspension of payments, preferred creditors may no
longer assert such preference but stand on equal footing with other creditors.” Hence, this Motion for
Reconsideration.

Issue: When should the suspension of actions for claims against BF Homes take effect?

Held: The issue of whether or not preferred creditors of distressed corporations stand on equal footing with all
other creditors gains relevance and materiality only upon the appointment of a management committee,
rehabilitation receiver, board or body.

Upon cursory reading of Section 6, par (c) of PD 902-A, it is adequately clear that suspension of claims against a
corporation under rehabilitation is counted or figured up only upon the appointment of a management committee
or a rehabilitation takes effect as soon as the application or a petition for rehabilitation is filed with the SEC may to
some, be more logical and wise but unfortunately, such is incongruent with the clear language of the law. To insist
on such ruling, no matter how practical and noble would be to encroach upon legislative prerogative to define the
wisdom of the law --- plainly judicial legislation.

Once a management committee, rehabilitation receiver, board or body is appointed pursuant to PD 902-A, all
actions for claims against a distressed corporation pending before any court, tribunal, board or body shall be
suspended accordingly; Suspension shall not prejudice or render ineffective the status of a secured creditor as
compared to a totally unsecured creditor. What it merely provides is that all actions for claims against the
corporation, partnership or association shall be suspended. This should give the receiver a chance to rehabilitate
the corporation if there should still be a possibility for doing so. In the event that rehabilitation is no longer feasible
and claims against the distressed corporation would eventually have to be settled, the secured creditors shall enjoy
preference over the unsecured creditors subject only to the provisions of the Civil Code on Concurrence and
Preferences of Credit.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy