Abrera vs. Hon. Barza

ABRERA, et. al. vs. HON. ROMEO F. BARZA and COLLEGE ASSURANCE PLAN PHILIPPINES, INC. G.R. No. 171!1 Se"te#$e% 11, &''( PERAL)A,  J.* +OC)R +OC)RINE INE** Under Under the Inter Interim im Rules, Rules, a “debto “debtor” r”,, refer refers s to “any corpor corporati ation, on,  partnership, or association, whether supervised or regulated regulated by the Securities and Exchange ommission or other government agencies, on whose behalf a petition for rehabilitation has been !led under these Rules"” #he Interim Rules does not  distin dis tingui guish sh whethe whetherr a pre$ne pre$need ed corpor corporati ation on li%e li%e &' cannot cannot !le a petiti petition on for  rehabilitation before the the R#" ourts are not authori(ed authori(ed to distinguish where the Interim Rules ma%es no distinction" FAC)S* CAP was incorporated incorporated on February February 14, 1980 1980 for the purpose purpose of engaging in the sale of pre-need educational plans !nitially, it sold open$ended educational  plans which  plans which guaranteed the pay"ent of tuition and other standard school fees to the planholder irrespecti# irrespecti#e e of the cost at the ti"e ti"e of a#ail"ent $ater, it engaged in the sale of !xed value plans which plans which guaranteed the pay"ent of a predeter"ined predeter"ined a"ou a"ount nt to the the planh planhol olde derr !n 19 198% 8%,, CAP CAP was was a"on a"ong g the the coun countr try& y&s s top top %0 %000 00 corporati corporations ons !t started started sending its scholars scholars to college college in 1984 and saw its 'rst batc batch h of grad gradua uate tes s in 19 1988 88 (owe (owe#e #er, r, it su subs bse) e)ue uent ntly ly su su*e *erred 'nan 'nanci cial al di+culties !n %00, CAP planholders 'led an action with the .C of /aati City for peci'c Perfo erforr"anc ance and2 and2or or An Annu null"ent ent of Cont Contra ract ct due due to Fraud, aud, etur eturn n and and 3isgorge"e 3isgorge"ent nt of !llegal !llegal Pro'ts, Pro'ts, 3a"ages 3a"ages with Application Application for ecei#er ecei#er and2or and2or /anage"ent Co""ittee against CAP, its 3irectors and +cers, and the Fil-5state 6roup of Co"panies .he case was assigned to respondent 7udge o"eo ara of  the .C of /aati City, ranch :1 CAP 'led a Petition for Corporate ehabilitation, which was gi#en due course by public respondent herein Public respondent 7udge ara in an rder stayed the enforce"ent of all clai"s against CAP

ISSUES* 1;