Professional Documents
Culture Documents
*
G.R. No. 109373. March 20, 1995.
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* SECOND DIVISION.
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494
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MENDOZA, J.:
1
months later, it was placed 2
under liquidation and a
Liquidator was appointed.
On April 7, 1986, the Central Bank filed with the
Regional Trial Court of Manila, Branch 31, a petition
entitled “Petition for Assistance
3
in the Liquidation of
Pacific Banking Corporation.” The petition was approved,
after which creditors filed their claims with the court.
On May4
17, 1991, a new Liquidator, Vitaliano N.
Nañagas, President of the Philippine Deposit Insurance
Corporation (PDIC), was appointed by the Central Bank.
On March 13, 1989 the Pacific Banking Corporation
Employees Organization (Union for short), petitioner in
G.R. No. 109373, filed a complaint-in-intervention seeking
payment of holiday pay, 13th month pay differential, salary
increase differential, Christmas bonus, and cash equivalent
of Sick Leave Benefits due its members as employees of
PaBC. In its order dated September 13, 1991, the trial
court ordered
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payment of the principal claims of the
Union.
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a) Holiday pay covering the period from November 1, 1974 to October 31,
1985;
b) 13th month pay in 1985 and salary differential pay to employees with
permanent appointments as of January 1982 including the 28% salary
increase under the 1982 CBA; and
c) 1985 Christmas bonus;
d) Commutation and payment of all unused sick leave credits; and
e) The payment of 10% of the total claims as computed, due and paid to the
plaintiffs/intervenors’ counsel, Atty. Potenciano
497
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WHEREFORE, the Order of this Court dated September 13, 1991 is hereby
modified and the Liquidator is ordered to immediately compute and pay the
following monetary claims of the plaintiffs/intervenors:
a) The claim for holiday pay covering the period from November 1, 1974 to
October 31, 1985;
b) The claim for 28% salary differential pursuant to the CBA increase;
c) The claim for Christmas Bonus which should be pro rated based on the
employees’ length of service rendered up to 1985 when the Pacific Banking
Corporation was placed under liquidation; and
d) The claim for unused sick leave benefits which should be computed and
paid accordingly.
498
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7 The dispositive portion of the trial court’s order, dated September 11,
1992, reads:
WHEREFORE, premises considered, the Liquidator of PaBC is ordered
to pay claimants, through their Attorney-in-Fact Gonzalo C. Sy, their total
investment of US$2,531,632.18 as preferred creditors. Dividends and/or
interest that accrued in favor of claimants is hereby deferred pending
study by the Liquidator who is hereby ordered to submit his report and
recommendation within thirty (30) days from receipt of this Order.
499
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502
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503
Action is the act by which one sues another in a court of justice for
the enforcement or protection of a right, or the prevention or
redress of a wrong while special proceeding is the act by which
one seeks to establish the status or right of a party, or a
particular fact. Hence, action is distinguished from special
proceeding in that the former is a formal demand of a right by one
against another, while the latter is but a petition for a declaration
of a status, right or fact. Where a party litigant seeks to recover
property from another, his remedy is to file an action. Where his
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504
and not an ordinary action. Such petition does not seek the
enforcement or protection of a right nor the prevention or
redress of a wrong against a party. It does not pray for
affirmative relief for injury arising from a party’s wrongful
act or omission nor state a cause of action that can be
enforced against any person.
What it seeks is merely a declaration by the trial court
of the corporation’s insolvency so that its creditors may be
able to file their claims in the settlement of the
corporation’s debts and obligations. Put in another way, the
petition only seeks a declaration of the corporation’s state
of insolvency and the concomitant right of creditors and the
order of payment of their claims in the disposition of the
corporation’s assets.
Contrary to the rulings of the Fourteenth Division,
liquidation proceedings do not resemble petitions for
interpleader. For one, an action for interpleader involves
claims on a subject
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matter against a person who has no
interest therein. This is not the case in a liquidation
proceeding where the Liquidator, as representative of the
corporation, takes charge 13
of its assets and liabilities for the
benefit of the creditors. He is thus charged with insuring
that the assets of the corporation are paid only to rightful
claimants and in the order of payment provided by law.
Rather, a liquidation proceeding resembles the
proceeding for the settlement of estate of deceased persons
under Rules 73 to 91 of the Rules of Court. The two have a
common purpose: the determination of all the assets and
the payment of all the debts and liabilities of the insolvent
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505
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behalf of the Central Bank was not filed by the Office of the
Solicitor General as counsel for the Central Bank. This
contention has no merit. On October 22, 1992, as Assistant
Solicitor General Cecilio O. Estoesta informed the trial
court on March 27, 1992, the OSG had previously
authorized lawyers of 16
the PDIC to prepare and sign
pleadings in the case. Conformably thereto the Notice of
Appeal and the Motion for Additional Time to Submit
Record on Appeal filed were jointly signed by Solicitor
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Reynaldo I. Saludares
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in behalf of the OSG and by lawyers
of the PDIC.
WHEREFORE, in G.R. No. 109373 and G.R. No. 112991,
the decisions appealed from are AFFIRMED.
SO ORDERED.
Judgment affirmed.
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