Petitioner
Voluntary Dissolution of the "Compañia Hispano-Filipina
Respondent
China Banking Corporation
Citation
G.R. No. 36356
Court
Supreme Court
Division
Second Division
Ponente
Villa-Real, J.
Decided
February 14, 1933

Summary

This case involves competing creditor claims in the voluntary dissolution of Compañia Hispano-Filipina, Inc. Gerardo Garcia, the court-appointed receiver, claimed preferential payment for merchandise advances while China Banking Corporation claimed priority based on a court judgment. The Supreme Court affirmed the lower court's ruling favoring China Banking Corporation, holding that judgments obtained during dissolution proceedings retain their preferred status under Civil Code Article 1924. The Court distinguished between commercial books and public instruments, rejecting Garcia's claim for special vendor's privilege under Article 1922 due to insufficient proof that the deposited funds were exclusively proceeds from his purchased goods. The decision clarifies creditor priorities in corporate dissolution proceedings.

Statutes applied

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By Intellegal Editorial Board · February 14, 1933

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