This case has been cited 2 times or more.
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2014-04-21 |
ABAD, J. |
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| Bancommerce became TRB's successor-in-interest. The PSA clearly led to a transfer of interest from TRB to Bancommerce. As previously mentioned, Bancommerce acquired assets from TRB, which conveyance was effected while the case was pending and which transaction appears not to have been made known to TRB's creditors. These properties can still be reached by execution to satisfy the judgment in favor of the respondent networks. The Court, in NPC Drivers and Mechanics Association v. NPC,[57] explained that: On PSALM's contention that since it was not a party to the case and that the petitioners are not its employees, the properties that it acquired from NPC cannot be levied, is untenable. The issue here is about PSALM's assets that were acquired from NPC. As explained above, PSALM took ownership over most of NPC's assets. There was indeed a transfer of interest over these assets from NPC to PSALM by operation of law. These properties may be used to satisfy our judgment. This being the case, petitioners may go after such properties. The fact that PSALM is a non-party to the case will not prevent the levying of the said properties, including their fruits and proceeds. However, PSALM should not be denied due process. The levying of said properties and their fruits/proceeds, if still needed in case NPC's properties are insufficient to satisfy our judgment, is without prejudice to PSALM's participation in said proceedings. Its participation therein is necessary to prevent the levying of properties other than that it had acquired from NPC. Such a proceeding is to be conducted in the proper forum where petitioners may take the appropriate action. | |||||
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2011-10-04 |
PERALTA, J. |
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| On December 2, 2009, this Court promulgated a Resolution[16] clarifying the amount due the individual employees of NPC in view of NPB Resolution No. 2007-55. In said Resolution, this Court clarified the exact date of the legal termination of each class of NPC employees, thus: From all these, it is clear that our ruling, pursuant to NPB Resolution No. 2002-124, covers all employees of the NPC and not only the 16 employees as contended by the NPC. However, as regards their right to reinstatement, or separation pay in lieu of reinstatement, pursuant to a validly approved Separation Program, plus backwages, wage adjustments, and other benefits, the same shall be computed from the date of legal termination as stated in NPC Circular No. 2003-09, to wit: | |||||