Re: Rights of a Corporation under Liquidation

September 9, 2019

SEC-OGC OPINION NO. 34-19

RE: RIGHTS OF A CORPORATION UNDER LIQUIDATION

First Provincial Finance Corporation
First Provincial House 1
Gatuslao corner Nueva Streets
Bacolod City 1600

Attention: Mr. Conrado P. Lo, Jr., CPA, MBE, Ph.D.
Executive Vice-President

Dear Mr. Lo :

This refers to your letter dated 14 September 2018, requesting for our opinion on whether or not your client, Arca & Company, Inc. (ARCA), whose corporate term has expired, is allowed to continue selling and transferring the ownership of its remaining assets.

In your letter, you stated that you have previously requested the Commission's opinion on whether or not ARCA could still demand payment from the Land Bank of the Philippines (LBP) for land acquired by the Department of Agrarian Reform (DAR) in 1988 under the Comprehensive Agrarian Reform Program, considering that the corporation's corporate term had long expired, to which the Commission opined affirmatively through SEC-OGC Opinion 09-19 (the "Opinion") dated 28 July 2009.

You further stated that to complete ARCA's liquidation, it is now in the process of titling and selling portions of the land rejected by the DAR which...

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