Vous êtes sur la page 1sur 3

UNION BANK V.

CONCEPCION TOPIC: ADHERENCE TO


JURISDICTION

JUNE 26, 2007

PETITION FOR REVIEW ON CERTIORARI (RULE 45)

PETITIONER: UNION BANK OF THE PHILIPPINES

RESPONDENT: DANILO L. CONCEPCION

PETITIONER COURT RESPONDENT

SEC

DIRECTED SUSPENSION OF ALL


PENDING ACTIONS, ETC
AGAINST EYCO

(Upon petition for declaration of


suspension of payment,
appointment of a rehabilitation
receiver and approval of rehab
plan with an alternative prayer for
liquidation and dissolution of
corporation by EYCO Group of
Companies)

COMPLAINT FOR SUM OF


MONEY WITH
APPLICATION FOR RTC MAKATI
PRELIMINARY ISSUED WPA
ATTACHMENT

(vs EYCO group and Sps


Yutingco)

MOTION TO DISMISS SEC SEC


CASE

BAUTISTA │ ESTERON │ HIPOLITO │ RAMIREZ │ PIOQUINTO │ SALES 3-EVE


UNION BANK V. CONCEPCION TOPIC: ADHERENCE TO
JURISDICTION

CA
PETITION FOR
CERTIORARI DISMISSED

(Jurisdiction over petition for (FORUM SHOPPING)


declaration of suspension of
payments is with RTC)
AFFIRMED BY SC

RTC MAKATI

INDEFINITE SUSPENSION OF
COLLECTION SUIT
PROCEEDINGS

SEC

APPROVED REHAB PLAN

ORDERED LIQUIDATION
AND DISSOLUTION OF EYCO

(Upon Appeal)

MOTION TO INTERVENE
RTC MAKATI

DENIED
MR

RTC MAKATI

(Upon presentation of PARTIAL JUDGMENT IN


evidence ex parte) FAVOR OF UNION BANK

CA

PETITION FOR
BAUTISTA │ ESTERON │ HIPOLITO │ RAMIREZ │ PIOQUINTO │ SALES 3-EVE
UNION BANK V. CONCEPCION TOPIC: ADHERENCE TO
JURISDICTION

CERTIORARI AND
GRANTED
PROHIBITION

MR CA

DENIED

PETITION FOR REVIEW


ON CERTIORARI SC:

DENIED
MR

RATIO:
1. SC: EYCO’s original petition over which SEC assumed jurisdiction is for declaration of
suspension of payment, appointment of a rehabilitation receiver, approval of rehab plan
with alternative prayer for liquidation and dissolution;
 During that period, SEC has ample power to declare a corporation insolvent as an
incident of and in continuation of its already acquired jurisdiction over the petition to be
declared in the state of suspension, etc. under Sec. 5(d), PD no. 902-A
 SEC’s order of liquidation and dissolution did not strip it of its jurisdiction over the
liquidation process
o RA 8799 transferred SEC’s jurisdiction over such matters to the RTC, but the law
provides that: “the Commission shall retain jurisdiction over pending suspension of
payments/rehabilitation cases filed as of 30 June 2000 until finally disposed”
o EYCO’s petition still pending with the SEC as of 30 June 2000
o Once jurisdiction attaches, the court cannot be ousted from the case by any subsequent
events, such as new legislation placing such proceedings under the jurisdiction of
another body |Exception: when the statute expressly so provides

BAUTISTA │ ESTERON │ HIPOLITO │ RAMIREZ │ PIOQUINTO │ SALES 3-EVE