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Petitioners argue that Resolution No. 105 was The word "report" has a definite and
bereft of any basis considering that no unambiguous meaning which is clearly
complete examination had been conducted different from "examination."
before it was issued.
A report, as a noun- "something that gives
Petitioners assert that an examination is information" or "a usually detailed account or
necessary and not a mere report, otherwise statement."
the decision to close a bank would be
arbitrary. An examination is "a search, investigation or
scrutiny."
From the words used in Section 30, it is clear (SES), Department II, of the Central Bank (CB)
that RA 7653 no longer requires that an "that the financial condition of Triumph
examination be made before the MB can issue Savings Bank (TSB) is one of insolvency and
a closure order. its continuance in business would involve
probable loss to its depositors and creditors,"
The purpose of the law is to make the closure MB issued a resolution ordering the closure of
of a bank summary and expeditious in order TSB and forbidding it from doing business
to protect public interest. This is also why placing it under receivership.
prior notice and hearing are no longer
required before a bank can be closed. Petitioners claim that it is the essence of Sec.
29 of R.A. 265 that prior notice and hearing in
The absence of an examination before the cases involving bank closures should not be
closure of RBSM did not mean that there was required since in all probability a hearing
no basis for the closure order. Needless to say, would not only cause unnecessary delay but
the decision of the MB and BSP, like any other also provide bank "insiders" and stockholders
administrative body, must have something to the opportunity to further dissipate the
support itself and its ndings of fact must be bank's resources, create liabilities for the
supported by substantial evidence. But it is bank up to the insured amount of P40,000.00,
clear under RA 7653 that the basis need not and even destroy evidence of fraud or
arise from an examination as required in the irregularity in the bank's operations to the
old law. prejudice of its depositors and creditors.
RULING:
FACTS:
RULING:
filed a notice of appeal and a motion for
A petition for liquidation of an insolvent extension to file a record appeal on December
corporation should be classified a special 10, 1991, i.e., within 30 days of his receipt of
proceeding and not an ordinary action. Such the order granting the Union's claim. Without
petition does not seek the enforcement or waiting for the resolution of his motion for
protection of a right nor the prevention or extension, he filed on December 20, 1991
redress of a wrong against a party. It does not within the extension sought a record on
pray for affirmative relief for injury arising appeal. Respondent judge thus erred in
from a party's wrongful act or omission nor disallowing the notice on appeal and
state a cause of action that can be enforced
against any person. A liquidation proceedings do not resemble
petitions for interpleader. For one, an action
What it seeks is merely a declaration by the for interpleader involves claims on a subject
trial court of the corporation's insolvency so matter against a person who has no interest
that its creditors may be able to file their therein. 12 This is not the case in a liquidation
claims in the settlement of the corporation's proceeding where the Liquidator, as
debts and obligations. Put in another way, the representative of the corporation, takes
petition only seeks a declaration of the charge of its assets and liabilities for the bene
corporation's debts and obligations. Put in t of the creditors. 13 He is thus charged with
another way, the petition only seeks a insuring that the assets of the corporation are
declaration of the corporation's state of paid only to rightful claimants and in the
insolvency and the concomitant right of order of payment provided by law.
creditors and the order of payment of their
claims in the disposition of the corporation's Rather, a liquidation proceeding resembles
assets. the proceeding for the settlement of estate of
deceased persons under Rules 73 to 91 of the
In G.R. No. 112991 (the case of the Rules of Court. The two have a common
Stockholders/Investors), the Liquidator's purpose: the determination of all the assets
notice of appeal was filed on time, having and the payment of all the debts and liabilities
been led on the 23rd day of receipt of the of the insolvent corporation or the estate. The
order granting the claims of the Liquidator and the administrator or executor
Stockholders/Investors. However, the are both charged with the assets for the bene
Liquidator did not file a record on appeal with t of the claimants. In both instances, the
the result that he failed to perfect his appeal. liability of the corporation and the estate is
As already stated, a record on appeal is not disputed. The court's concern is with the
required under the Interim Rules and declaration of creditors and their rights and
Guidelines in special proceedings and for the determination of their order of payment.
cases where multiple appeals are allowed.
The reason for this is that the several claims
are actually separate ones and a decision or
final order with respect to any claim can be
appealed. Necessarily the original record on
appeal must remain in the trial court where
other claims may still be pending.
Petitioner postulates that the lower court The requirement that all claims against the
should have dismissed respondent's "Ex-Parte bank be pursued in the liquidation
Petition for Issuance of Writ of Possession" proceedings filed by the Central Bank is
for want of jurisdiction over the subject intended to prevent multiplicity of actions
matter of the claim. The power to hear the against the insolvent bank and designed to
same, he insists, exclusively vests with the establish due process and orderliness in the
Liquidation Court pursuant to Section 29 of liquidation of the bank, to obviate the
Republic Act No. 265, otherwise known as proliferation of litigations and to avoid
The Central Bank Act. injustice and arbitrariness.
He then cites our decision in Valenzuela v. Petitioner next casts doubt on the capacity of
Court of Appeals, where we held that "if there the respondent to continue litigating the
is a judicial liquidation of an insolvent bank, petition for the issuance of the writ. He
all claims against the bank should be filed in asserts that, being under liquidation,
the liquidation proceeding." For going to respondent bank is already a "dead"
another court can be considered forum corporation that cannot maintain the suit in
shopping.
the RTC. Hence, no writ may be issued in its
favor.