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Central Bank, et al. Vs. CA, et al. [ SEPARATE OPINIONS ]

CENTRAL BANK OF THE PHILIPPINES AND HON. JOSE B. FERNANDEZ, petitioners, vs. HON. COURT OF APPEALS, RTC JUDGE TEOFILO GUADIZ, JR., PRODUCERS BANK OF THE PHILIPPINES AND PRODUCER PROPERTIES, INC., respondents.

G.R. No. 88353 | 1992-05-08

Separate Opinions

GUTIERREZ, JR., J., concurring:

While I concur in the Court's decision, I would like to express certain reservations about the arbitrary grant of power under the law to Central Bank (CB) authorities.

Any displeasure of CB officials against a private bank expressed through official pronouncements or through rumors, real or imagined, in media, as in this case, will lead to a bank run by depositors. And if the CB, which alone can stem the disaster, does not sincerely do all it can to help the bank, the inevitable result is the bank's collapse and closure. Subsequent judicial action is illusory. I realize that the possibility...