FINASIA INVESTMENTS and FINANCE CORPORATION, vs. THE COURT OF APPEALS, HON. FERNANDO P. AGDAMAG, in his capacity as Presiding Judge of the Regional Trial Court of Makati, Branch 138, and ROSITO A. CASTRO..
- G.R. Number: G.R. No. 107002
- Promulgated: 1994-10-07
- Ponente: Kapunan, J.
Doctrine
In statutes requiring presentation of claims, "claim" is construed to mean debts or demands of a pecuniary nature (a "right to payment").
An action seeking nullification of a Special Power of Attorney (and related non-pecuniary relief) is not a "claim" for purposes of Section 6(c) of P.D. 902-A and thus is not suspended by that decree.
Facts
Petitioner seeks reversal of the Court of Appeals' decision that respondent Castro's "claim" against FINASIA is not within Section 6(c) of P.D. 902-A suspending actions against corporations under management or receivership.
Civil Case No. 90-234 principally involves the genuineness or nullity of a Special Power of Attorney said to have empowered Francisco to execute a real estate mortgage over Castro's property; Francisco is the principal defendant.
FINASIA filed a motion for reconsideration of the CA decision on 30 April 1992, which was denied in a resolution dated 11 September 1992.
The Court examines the statutory meaning of "claim" as used in statutes requiring presentation of claims, considering authorities construing "claim" as a right to payment or pecuniary demand.
Issues
Whether Castro's action in Civil Case No. 90-234 is a "claim" within the meaning of Section 6(c) of P.D. 902-A (i.e., a debt or pecuniary demand) thereby subjecting it to suspension.
Ruling
The petition is dismissed and denied; the Court held the principal cause of action (nullity of the Special Power of Attorney and related documents) is not a demand for payment or pecuniary liability and thus falls outside Section 6(c) of P.D. 902-A.
Keywords
G.R. No. 107002, Section 6(c) of Presidential Decree 902-A, suspension of actions for claims, rehabilitation receiver, Real Estate Mortgage, Special Power of Attorney, Deed of Assignment, declaration of nullity, forgery, Motion to Suspend Proceedings, certiorari and prohibition, Rule 65 of the Rules of Court, pecuniary nature, debts or demands of a pecuniary nature, assertion of a right to have money paid, insolvency, right to payment, special power, castro, attorney