Philippine Bar review · Question

Practice question: Liquidation

Multiple Choice Hard

Practice question

PDIC as receiver selects a statutorily permitted combination of liquidation modes. Former directors and depositors claim their unanimous consent is an absolute prerequisite to any implementation under Section 13(a). Which answer is correct?
  1. The provision expressly permits the receiver to act without the consent of the listed stakeholders, subject to statutory requirements.
  2. Every depositor has an individual veto over all liquidation.
  3. Former directors retain unlimited exclusive control.
  4. The receiver may act only after all borrowers vote.
  5. Any objection automatically reopens the bank.

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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