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Philippine Bar review · Question

Practice question: Liquidation

Multiple Choice Hard

Practice question

A receiver chooses a negotiated sale of a closed bank’s real property after valuation and a cost-benefit analysis. A creditor claims public bidding is the only legally possible disposition under Section 16(c)(4). Which is correct?
  1. Only public bidding is possible in every case
  2. All negotiated sales are automatically fraudulent
  3. No sale can occur during liquidation
  4. Only a gift to shareholders is permitted
  5. The charter permits bidding, negotiated sale and other stated modes, subject to reasonable statutory considerations

Legal references

  • RA 10846, Sections 26-29, PDIC Charter Sections 13-16, read with RA 11840: https://lawphil.net/statutes/repacts/ra2016/ra_10846_2016.html
  • RA 11840, Sections 4 and 11, amended PDIC Charter Sections 5 and 13: https://lawphil.net/statutes/repacts/ra2022/ra_11840_2022.html

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