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RCBC vs Intermediate Appellate Court (IAC) and BF Homes 320 SCRA 279 [SEPARATE OPINION]

RIZAL COMMERCIAL BANKING CORPORATION, petitioner, vs. INTERMEDIATE APPELLATE COURT AND BF HOMES, INC., respondents.

G.R. No. 74851 | 1999-12-09

SEPARATE OPINION

PANGANIBAN, J.:

The issue as to when suspension of payments takes effect upon a petition of a distressed corporation is a contentious one. The ponencia in the case under consideration, Rizal Commercial Banking Corporation (RCBC) v. Immediate Appellate Court1 [213 SCRA 830, September 14, 1992. (Concurring unqualifiedly with Justice Medialdea's ponencia were Gutierrez Jr., Nocon, and Melo, JJ.; concurring in the result were Narvasa, CJ, Bidin, Regalado and Bellosillo, JJ.; dissenting were Feliciano, Padilla, Davide, Jr. and Romero, JJ.; Cruz, GriƱo-Aquino and Campos, JJ., did not take part in the voting.)], has ruled that...