This case has been cited 2 times or more.
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2015-09-21 |
PEREZ, J. |
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| For one, the properties of an insolvent bank are not transferred by operation of law to the statutory receiver/liquidator but rather these assets are just held in trust to be distributed to its creditors after the liquidation proceedings in accordance with the rules on concurrence and preference of credits.[17] The debtors properties are then deemed to have been conveyed to the Liquidator in trust for the benefit of creditors, stockholders and other persons in interest.[18] This notwithstanding, any lien or preference to any property shall be recognized by the Liquidator in favor of the security or lienholder, to the extent allowed by law, in the implementation of the liquidation plan.[19] | |||||
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2015-09-02 |
DEL CASTILLO, J. |
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| The Court thus agrees with the CA in holding that the RTC can take cognizance of the injunction complaint, which "is a suit which has for its purpose the enjoinment of the defendant, perpetually or for a particular time, from the commission or continuance of a specific act, or his compulsion to continue performance of a particular act."[31] Actions for injunction and damages lie within the exclusive and original jurisdiction of the RTC pursuant to Section 19[32] of Batas Pambansa Blg. 129, otherwise known as the Judiciary Reorganization Act of 1980, as amended by RA 7691.[33] | |||||