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Ramos vs. Central Bank [SEPARATE OPINION, DISSENTING, PLANA, J.]

EMERITO M. RAMOS, et al., petitioners, vs. CENTRAL BANK OF THE PHILIPPINES, respondents, COMMERCIAL BANK OF MANILA, intervenor.

G.R. No. L-29352 | 1985-07-22

DISSENTING OPINION

PLANA, J.:

In G.R. No. L-29352, the issue was whether the Central Bank acted with grave abuse of discretion in ordering the closure in 1968 of the Overseas Bank of Manila (OBM). By a closely divided vote, the Court said Yes. (41 SCRA 565.)

G.R. No. L-49353 (Overseas Bank of Manila vs. Court of Appeals and Tony Tapia, etc.) was an entirely different case. The issue there was whether OBM, during the actual stoppage of its operations by order of the Central Bank, was liable to pay interest on deposits therein. The Supreme Court (Second Division) held that "it should be deemed read into every contract of deposit with a...