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SPS. EDUARDO SOBREJUANITE AND FIDELA SOBREJUANITE v. ASB DEVELOPMENT CORPORATION

This case has been cited 6 times or more.

2009-12-14
CORONA, J.
We ruled in Sobrejuanite v. ASB Development Corporation[31] that the Interim Rules, under Section 1, Rule 1 thereof, are applicable although (as in this case) the petition for declaration of suspension of payments was filed prior to the effectivity of such rules:[32]
2009-04-17
NACHURA, J.
Respondent counters that, in Rubberworld, this Court applied Sec. 6(c) of P.D. 902-A and suspended the proceedings in the labor case even if the complaint for illegal dismissal was filed after the issuance of the stay order.[26] Respondent also cited Arranza v. B.F. Homes, Inc.[27] wherein the class suit was filed 10 years after the management committee was appointed. Respondent avers that in said case, this Court did not consider the time of the filing of the claim or when the cause of action accrued. It points out that, in a later case,[28] the Court even concluded that had the claim in Arranza been for monetary awards, the proceedings to enforce such claim would have been suspended.
2008-08-26
AZCUNA, J.
The purpose of suspending the proceedings under P.D. No. 902-A is to prevent a creditor from obtaining an advantage or preference over another and to protect and preserve the rights of party litigants as well as the interest of the investing public or creditors.[38]  It is intended to give enough breathing space for the management committee or rehabilitation receiver to make the business viable again, without having to divert attention and resources to litigations in various fora.[39] The suspension would 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.  To allow such other action to continue would only add to the burden of the management committee or rehabilitation receiver, whose time, effort and resources would be wasted in defending claims against the corporation instead of being directed toward its restructuring and rehabilitation.[40]
2008-06-17
QUISUMBING, J.
The purpose for the suspension of the proceedings is to prevent a creditor from obtaining an advantage or preference over another and to protect and preserve the rights of party litigants as well as the interest of the investing public or creditors. Such suspension is intended to give enough breathing space for the management committee or rehabilitation receiver to make the business viable again, without having to divert attention and resources to litigations in various fora. The suspension would enable the management committee or rehabilitation receiver to effectively exercise its/his powers free from any judicial or extra-judicial interference that might unduly hinder or prevent the "rescue" of the debtor company. To allow such other action to continue would only add to the burden of the management committee or rehabilitation receiver, whose time, effort and resources would be wasted in defending claims against the corporation instead of being directed toward its restructuring and rehabilitation.[26]
2007-09-14
GARCIA, J.
Petitioners maintain that individual respondents' demands initially filed with the HLURB partake of the nature of "claim" within the contemplation of the aforesaid suspensive section of PD 902-A. They cite Sobrejuanite v. ASB Development Corporation[26] to drive home the idea of the encompassing reach of the word "claim" which they deem to include any and all claims or demands of whatever nature and
2007-02-06
CHICO-NAZARIO, J.
c) To appoint one or more receivers of the property, real or personal, which is the subject of the action pending before the Commission in accordance with the pertinent provisions of the Rules of Court in such other cases whenever necessary in order to preserve the rights of the parties-litigants and /or protect the interest of the investing public and creditors: x x x  Provided, finally, That upon appointment of a management committee, the rehabilitation receiver, board or body, pursuant to this Decree, all actions for claims against corporations, partnerships or associations under management or receivership pending before any court, tribunal, board or body shall be suspended accordingly. (Emphasis supplied.) The term "claim," as contemplated in Sec. 6 (c) of Presidential Decree No. 902-A, refers "to debts or demands of a pecuniary nature. It means 'the assertion of a right to have money paid.'"[54]