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Philippine Bar review · Question

Practice question: Liquidation

Multiple Choice Hard

Practice question

A liquidating bank has insured-deposit payout obligations and uninsured depositor claims against its estate. A claimant says the PDIC insurance cap automatically erases every excess debt and requires immediate equal cash payment to all creditors regardless of priority. Which analysis is sound?
  1. The cap extinguishes every excess obligation.
  2. Insurance payout and estate distribution are distinct; uninsured claims require the liquidation framework and applicable credit priorities.
  3. Every claim is paid in full regardless of assets.
  4. Priority rules never apply to banks.
  5. Only shareholders can file estate claims.

Legal references

  • RA7653 Section30 as amended by RA11211: https://lawphil.net/statutes/repacts/ra2019/ra_11211_2019.html
  • PDIC Charter as amended by RA11840, Sections5 and12–16: https://lawphil.net/statutes/repacts/ra2022/ra_11840_2022.html
  • PDIC Charter as amended by RA10846, Sections12–16, read with RA11840: https://lawphil.net/statutes/repacts/ra2016/ra_10846_2016.html

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