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Serviciul psihologic scolar
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digest Credit transaction
Uncategorized stuff from my 2011 Bar Examinations Commercial Law folder (yup, too lazy to organize the stuff. Sorry!)Full description
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CREDIT TRANSACTION: Case digest TOPIC: Simple Loan, Its Nature and Reciprocal Obligations, Default in LoansFull description
Case Digest
2. Sps. Sobrejuanite vs. ASB Development Corporation Facts: The spouses Sobrejuanite and ASB Development Corporation (ASBDC) entered into a contract to sell a condominium located in Mandaluyong. After full payment and after repeated demands, the ASBDC failed to make good of its obligation due to the rehabilitation plan of ASB Group of Companies, which includes ASBDC. The spouses resorted the intervention of the Housing and Land Use Regulatory Board (HLURB). HLURB resolved the complaint in favor of the spouses Sobrejuanite. This was affirmed by the Office of the President. On appeal, the Court of Appeals reversed and set aside the decision of the Office of the President. It ratiocinated that the Sobrejuanite’s complaint for rescission and damages is a claim under the contemplation of Presidential Decree (PD) No. 902-A or the SEC Reorganization Act and A.M. No. 00-8-10-SC or the Interim Rules of Procedure on Corporate Rehabilitation. Therefore, the Securities and Exchange Commission (SEC) has jurisdiction over the complaint, not HLURB. Issue: Whether claim of spouses Sobrejuanite lies with the jurisdiction of SEC. Held: Yes. As provided under Section 6(c) of PD No. 902-A, 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. The afore cited law defines claim as the debts or demands of a pecuniary nature. In settled jurisprudence, claim means actions involving monetary considerations or all claims or demands, of whatever nature or character against a debtor or its property, whether for money or otherwise. It is evident that the spouses claim falls within the definition of PD 902-A and settled jurisprudence. Hence, jurisdiction, as correctly held by the Court of Appeals, lies with SEC and not HLURB. The ratio behind is "equality is equity." When a corporation threatened by bankruptcy is taken over by a receiver, all the creditors should stand on equal footing. Not anyone of them should be given any preference by paying one or some of them ahead of the others. This is precisely the reason for the suspension of all pending claims against the corporation under receivership. Instead of creditors vexing the courts with suits against the distressed firm, they are directed to file their claims with the receiver who is a duly appointed officer of the SEC.
Moreover, Section 7 of the Contract to Sell allows the developer to extend the period of delivery on account of causes beyond its control, such as financial reverses.
