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NEW FRONTIER SUGAR CORPORATION v. -VS.- RTC

This case has been cited 5 times or more.

2015-11-09
JARDELEZA, J.
The mere pendency of a petition for corporate rehabilitation and the issuance of a stay order do not and cannot enjoin the courts from the enforcement of claims; neither does it make the case unique and peculiar. In Equitable PCI Bank, Inc. v. DNG Realty and Development Corporation,[56] we reiterated the rule in New Frontier Sugar Corporation v. Regional Trial Court, Branch 39, Iloilo City[57] that a stay order or the suspension of the enforcement of all claims against the corporation shall commence only from the time the rehabilitation receiver is appointed and a stay order is issued.
2015-03-23
BRION, J.
We note at the outset that the petition merely assails the interlocutory orders of the CA. Thus, the remedy of certiorari under Rule 65 is appropriate as the assailed resolutions are not appealable and there is no plain, speedy or adequate remedy in the ordinary course of law.[21]
2011-10-19
CARPIO, J.
In New Frontier Sugar Corporation v. Regional Trial Court, Branch 39, Iloilo City,[14] the Court enumerated the basic procedure in corporate rehabilitation cases. The Court held: As provided in the Interim Rules, the basic procedure is as follows:
2011-06-29
CARPIO, J.
Section 5 of the Interim Rules on Corporate Rehabilitation provides that "(t)he review of any order or decision of the court or an appeal therefrom shall be in accordance with the Rules of Court x x x." Under A.M. No. 00-8-10-SC, a petition for corporate rehabilitation is considered a special proceeding.[20] Thus, the period of appeal provided in paragraph 19(b) of the Interim Rules Relative to the Implementation of Batas Pambansa Blg. 129 for special proceedings shall apply,[21] that is, the period of appeal shall be 30 days since a record of appeal is required.[22] Thus: 19. Period of Appeal. -
2010-08-11
PERALTA, J.
In New Frontier Sugar Corporation v. RTC, Branch 39, Iloilo City,[22] this Court already ruled that the proper mode of appeal in cases of corporate rehabilitation isĀ  through a petition for review under Rule 43 of the Rules of Court to be filed within fifteen (15) days from notice of the decision or final order of the RTC. As ruled: However, it should be noted that the Court issued A.M. No. 04-9-07-SC on September 14, 2004, clarifying the proper mode of appeal in cases involving corporate rehabilitation and intra-corporate controversies. It is provided therein that all decisions and final orders in cases falling under the Interim Rules of Corporate Rehabilitation and the Interim Rules of Procedure Governing Intra-Corporate Controversies under Republic Act No. 8799 shall be appealed to the CA through a petition for review under Rule 43 of the Rules of Court to be filed within fifteen (15) days from notice of the decision or final order of the RTC.[23]