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FINASIA INVESTMENTS v. CA

This case has been cited 7 times or more.

2011-02-02
PERALTA, J.
In Finasia Investments and Finance Corporation v. Court of Appeals,[22] the term "claim" has been construed to refer to debts or demands of a pecuniary nature, or the assertion to have money paid. The purpose for suspending actions for claims against the corporation in a rehabilitation proceeding is to enable the management committee or rehabilitation receiver to effectively exercise its/his powers free from any judicial or extrajudicial interference that might unduly hinder or prevent the rescue of the debtor company.[23]
2010-09-08
VILLARAMA, JR., J.
In Finasia Investments and Finance Corporation v. Court of Appeals,[24] the Court had the occasion to rule that: The word "claim" is also defined as:
2010-04-30
PERALTA, J.
In Finasia Investments and Finance Corporation v. Court of Appeals,[16] the term "claim" has been construed to refer to debts or demands of a pecuniary nature, or the assertion to have money paid. It was referred to, inArranza v. B.F. Homes, Inc.,[17] as an action involving monetary considerations and in Philippine Airlines v. Kurangking,[18] the term was identified as the right to payment, whether or not it is reduced to judgment, liquidated or unliquidated, fixed or contingent, matured or unmatured, disputed or undisputed, legal or equitable, and secured or unsecured.[19] Furthermore, the actions that were suspended cover all claims against a distressed corporation whether for damages founded on a breach of contract of carriage, labor cases, collection suits or any other claims of a pecuniary nature.[20] More importantly, the new rules on corporate rehabilitation, as well as the interim rules, provide an all-encompassing definition of the term and, thus, include all claims or demands of whatever nature or character against a debtor or its property, whether for money or otherwise.[21] There is no doubt that petitioner's claim in this case, arising as it does from his alleged illegal dismissal, is a claim covered by the suspension order issued by the SEC, as it is one for pecuniary consideration.
2009-04-17
NACHURA, J.
In Finasia Investments and Finance Corp. v. Court of Appeals,[32] we construed "claim" to refer to debts or demands of a pecuniary nature. It means the assertion of a right to have money paid. Also in Arranza v. B.F. Homes, Inc.,[33] we referred to it as an action involving monetary considerations. And in Philippine Airlines v. Kurangking,[34] we said it is a right to payment, whether or not it is reduced to judgment, liquidated or unliquidated, fixed or contingent, matured or unmatured, disputed or undisputed, legal or equitable, and secured or unsecured. More importantly, the Interim Rules of Procedure on Corporate Rehabilitation provides an all-encompassing definition of the term and thus includes all claims or demands of whatever nature or character against a debtor or its property, whether for money or otherwise.
2008-08-26
AZCUNA, J.
As early as Finasia Investment and Finance Corp. v. Court of Appeals,[35] this Court clarified that the word "claim" used in Sec. 6 (c) of P.D. No. 902-A, as amended, refers to debts or demands of a pecuniary nature and the assertion of a right to have money paid.  It is used in special proceedings like those before AN administrative court on insolvency.[36] In Arranza v. B.F. Homes, Inc.,[37] "claim" was defined as an action involving monetary considerations.  Clearly, the suspension contemplated under Sec. 6 (c) of P.D. No. 902-A refers only to claims involving actions which are pecuniary in nature.
2007-09-14
GARCIA, J.
Arranza actually complemented the earlier case of Finasia Investments and Finance Corporation v. CA[30] where the Court defined and explained the term "claim" in the following wise:We agree … that the word "claim" as used in Sec. 6 (c) of P.D. 902-A, as amended, refers to debts or demands of a pecuniary nature. It means "the assertion of a right to have money paid. It is used in special proceedings like those before administrative court, on insolvency. Consequently, the word "claim"
2007-07-03
CORONA, J.
Petitioner's right of action against Philfinance was a "claim" properly to be litigated in the liquidation proceedings.[23] In Finasia Investments and Finance Corporation v. CA,[24] we discussed the definition of "claims" in the context of liquidation proceedings:We agree with the public respondent that the word "claim" as used in Sec. 6(c) of P.D. 902-A,[25] as amended, refers to debts or demands of a pecuniary nature. It means "the assertion of a right to have money paid. It is used in special proceedings like those before [the administrative court] on insolvency."