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Showing 122 of 22 articles for receiver

Corporate Rehabilitation Mootness: When a Dispute Ends with Successful Rehabilitation

The Supreme Court dismisses a dispute over a rehabilitation receiver's powers as moot after the debtor's successful exit from corporate rehabilitation.

Corporate Rehabilitation Mootness: When Successful Exit Ends Disputes

The Supreme Court dismisses as moot a dispute over the rehabilitation receiver's custody of mortgaged properties after Vitarich's successful rehabilitation exit.

Bank Liquidation and Bounced Checks: When Receivership Suspends Criminal Liability

The Supreme Court explains how bank receivership and liquidation affect criminal liability for bounced checks under B.P. 22.

When Bank Receivership Suspends B.P. 22 Liability: What Creditors Should Know

Philippine Supreme Court ruling on how bank receivership suspends check payment obligations and bars B.P. 22 criminal liability for bank officers.

Who Can Sue on Behalf of a Closed Bank Under Receivership

The Supreme Court explains why only the PDIC, as receiver, may sue for a closed bank, and where to file cases against the BSP.

When Banks Can Refuse Payment: B.P. 22 and Bank Closure in Cu v. SB Corp.

Supreme Court ruling on B.P. 22 liability when a bank is closed by the Monetary Board and placed under PDIC receivership.

Receivership in Intra-Corporate Disputes: When Courts May Take Over a Corporation

The Supreme Court clarifies the strict requirements for appointing a receiver or management committee in intra-corporate disputes under the Interim Rules.

Corporate Responsibility Enforcing Contracts Despite Technicalities

Supreme Court clarifies corporate rehabilitation rules, HLURB receiver requests, and 180-day plan approval periods in Lexber v. Dalman.

Bank Deposit Secrecy in Insolvency: Creditors Cannot Waive a Debtor's Rights

Supreme Court rules creditors cannot waive an insolvent debtor's bank deposit secrecy rights without the debtor's written consent or receiver's conformity.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Receivership: A Harsh Remedy That Requires Imminent Danger of Loss

The Supreme Court clarifies that receivership is an extreme remedy, requiring proof of imminent danger of loss, not mere financial need.

Receivership as a Remedy: When Courts Can Appoint One Pending Litigation

The Supreme Court clarifies when courts may appoint a receiver pending appeal, emphasizing that receivership is a harsh remedy reserved for extreme cases.

BSP’s Exclusive Authority Over Bank Receivership: What It Means for Depositors and Creditors

The Supreme Court affirms the BSP’s exclusive authority over bank receivership, clarifying the limits of court intervention and the rights of depositors and creditors.

MCIT Grace Period for Reopened Banks: The Manila Banking Corporation Ruling

Supreme Court clarifies when a bank that reopens after receivership starts its four-year MCIT grace period under the Tax Code.

Receivers' Duty to Preserve Sequestered Assets: Lessons from Republic v. Benedicto

When the PCGG sequestered Benedicto's golf club shares, unpaid dues led to their auction. The Court ruled receivers must preserve asset value.

Authority to Sell: Bank Receivership and Corporate Deals During Receivership

When a bank is under receivership, its officers lose power over assets. Only the receiver may administer—not sell—bank property.

When Bank Receivership Does Not Stop Prescription on Mortgage Foreclosure

A bank's receivership does not automatically suspend the prescriptive period for foreclosing a mortgage, the Supreme Court ruled.

HLURB vs SEC Jurisdiction in Subdivision Disputes: Protecting Homeowners' Rights

When a subdivision developer is under receivership, which agency—HLURB or SEC—hears homeowners' complaints? The Supreme Court settles the jurisdictional question.

Wage Order Compliance During Bank Rehabilitation: Philippine Veterans Bank v. NLRC

Supreme Court ruling on wage order compliance, computation of daily wages, and employer liability during bank receivership and rehabilitation in the Philippines.

Partnership Dissolution and Receivership: Protecting Assets in Business Disputes Under Philippine Law

Philippine Supreme Court explains when receivership is proper after partnership dissolution, and why due process requires hearing all affected parties.

Receivership in Foreclosure Disputes: Venue and Real Actions Under Rule 59

When can a court appoint a receiver in a foreclosure dispute? The Supreme Court clarifies the rules on receivership, venue, and real actions.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.