THE PRESIDENT OF PHILIPPINE DEPOSIT INSURANCE CORPORATION AS LIQUIDATOR OF PACIFIC BANKING
CORPORATION, petitioner, vs. HON. WILFREDO D. REYES, Pairing Judge. RTC Merila, Branch 31; ANG ENG JOO; ANG
KEONG LAN; and EJ. ANG INTERNATIONAL, UTD, represented by FORNIER & FORNIER LAW, respondents.
Principe: 2 corporation, whose existence has bean terminate, is entitled to an interest the concept of actual and
compensatory damages from the time such investment was made until the lsure of the corporation.
Feet:
Pacific Banking Corporation (PaBC)was placed rider receivership on the ground of insolvency. Subsequerty it was
placed under liquidstion and by fling with the Regional Trial Court (RTC) of Manila, a petition for assistance nthe
liquidation Naages, President ofthe PDIC, wasppointed.
Private respondents represented by their etonneyn-fact filed their clair before the Fquidting court. They claimed t0
be preferred creditors and prayed forthe retuin of the equity investment in the amount of US$2,534,632.18 with
interest unt the closure of the P2BC.
After due hearing the liquidation cour, rendered its decison in favor ofthe priate respondent. Consequently, the
liguidaton cour, through the pairing judge Hon. Wilfredo D. Reyes, Issued an Order directing the President ofthe Land
{Bank ofthe Philipines (LBP) to release tothe Sherif the gamished amount of USS2,531,622.18.
‘The Bureau of Internal Revenue (BIR| and the Bangko Sentral ng Pilisnes promptly filed before the lauidation court
separate mations to holdin abeyance the liquidation courts orders which was however denied by judge reyes and
ltdered the payment of accrued legal interest onthe Singaporears equity investment of USS2,581,632 18 2 the rate of
112% per annum computed from the dste the outward remittance and the investment were actually made, unt ts Full,
payment, atthe exchange rate prevaling atthe time of payment.
‘sewer
Whether corporation, whose existence hes been terminated, be entitled to an interest in the concept of actual ard
compensatory damages from the time such investment was made until the closure ofthe corporation
aling:
Yes,. The interest that may be awarded as actual or compensatory damages inthis case s that provided in No. IL3.of the
afore quoted guidelines, Upon the finaly f the Oréer of 11 September 1992, the award of US$2,531,622.18
representing the Singaporeans equity investment became a judgment debt. AS sucht shall bear an interest of 12% per
annum fromthe frality of the Order until its full satisfaction.
However the grant ofthe said interest does not bar the Singaporeans from claiming liquidating dividends which may
have accrued from their equity investment after being determined by the Lquidator.