cdao-pjet/data/csvs/doctrines2.csv

1	Special Purpose Vehicles	The Sandiganbayan has jurisdition over Government-owned and Controlled Corporations (GOCC's) under the SPV Law	The character and operations of the AFP-RSBS are imbued with public interest thus the same is a government entity and its funds are in the nature of public funds. AFP-RSBS is a government-owned and controlled corporation under R.A. No. 9182, otherwise known as The Special Purpose Vehicle Act of 2002.	Ramiscal, Jr. v. Sandiganbayan	140576-99	December 13, 2004	https://wpd.cdasiaonline.com/jurisprudences/9344?s_params=MfjvEYbBvr_oDy9uowyF
2	Special Purpose Vehicles	The Sandiganbayan has jurisdition over Government-owned and Controlled Corporations (GOCC's) under the SPV Law	The character and operations of the AFP-RSBS are imbued with public interest thus the same is a government entity and its funds are in the nature of public funds. AFP-RSBS is a government-owned and controlled corporation under R.A. No. 9182, otherwise knon as The Special Purpose Vehicle Act of 2002.	Alzaga v. Sandiganbayan	169328	October 27, 2006	https://cdasiaonline.com/jurisprudences/9588?s_params=zRbY1iz5N_ZnWrZHs_XB
3	Special Purpose Vehicles	Prior notice to borrower is required for a valid transfer of Non-Performing Loans (NPL's) s to a Special Purpose Vehicle (SPV)	As the notice requirement under Section 12 of Article III of the SPV Law was not amended, the same was still necessary to effect transfer of Non-Performing Loans to an SPV to be effective.	Asset Pool A (SPV-AMC), Inc. v. Court of Appeals	176669	February 4, 2009	https://cdasiaonline.com/jurisprudences/51380?s_params=8h_Raaxhvy9R6dHQZ5uy
4	Special Purpose Vehicles	A Special Purpose Vehicle entity ("SPV") may substitute or join the transferor in a case involving the Non-Performing Loans (NPL's) validly transferred	There being no compliance with such notice requirement at the time of the assignment to petitioner of the subject PN during the effectivity of the SPV law, as amended, it could not substitute BPI as party plaintiff-appellee.	Asset Pool A (SPV-AMC), Inc. v. Court of Appeals	176669	February 4, 2009	https://cdasiaonline.com/jurisprudences/51380?s_params=8h_Raaxhvy9R6dHQZ5uy
5	Special Purpose Vehicles	A financial institution has the option to transfer Non-Performing Loans (NPL's) to a Special Purpose Vehicle entity (SPV) or foreclose	Metrobank had every right to choose whether to foreclose on the mortgage or to transfer Global's account to a special purpose vehicle. In this respect, Global has no right to interfere. In addition, Global's account could qualify for transfer to a special purpose vehicle is not for the latter to determine; under the Special Purpose Vehicle Act of 2002, the decision belongs to the appropriate regulatory authority.	Global Holiday Ownership Corp. v. Metropolitan Bank & Trust Co.	184081	June 19, 2009	https://wpd.cdasiaonline.com/jurisprudences/51916?s_params=C3Q_CdG-frDGQm53Bdjy
6	Special Purpose Vehicles	A financial institution has the option to transfer Non-Performing Loans (NPL's) to a Special Purpose Vehicle entity (SPV) or foreclose	By entering into the Partial Compromise Agreement and agreeing to "suspend all actions," Land Bank effectively waived all its rights regarding MPC Nos. 0002 and 0004. This necessarily includes its right to assign under the Loan/Line Agreement.	Adriatico Consortium, Inc. v. Land Bank of the Phils.	187838	December 23, 2009	https://wpd.cdasiaonline.com/jurisprudences/52695?s_params=M6_p-UkDVRUEc1vwm_Mm
7	Special Purpose Vehicles	A Special Purpose Vehicle entity (SPV) is deemed to have acquired the property on the notarization date on the Sheriff's Certificate	The Implementing Rules and Regulations of the SPV Act of 2002 provide that, in case of extrajudicial foreclosure, a property is deemed acquired by a financial institution on the date of notarization of the Sheriff's Certificate.	Situs Development Corp. v. Asiatrust Bank	180036	July 25, 2012	https://wpd.cdasiaonline.com/jurisprudences/56014?s_params=QJypy8Bx5pa82t1ae6Cz
8	Special Purpose Vehicles	Civil Code provisions on subrogation and assignment of credits apply in transfers of Non-Performing Loans (NPL's) to Special Purpose Vehicle entities (SPV's)	Section 13 of the SPV Law clearly provides that "in the transfer of the Non-Performing Loans (NPLs), the provisions on subrogation and assignment of credits under the New Civil Code shall apply." The law does not exclude the application of Article 1634 of the New Civil Code to transfers of NPLs by a financial institution to a special purpose vehicle.	Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc.	204700	April 10, 2013	https://wpd.cdasiaonline.com/jurisprudences/57041?s_params=-4xync4nHu5xaYGXspDE
9	Special Purpose Vehicles	Redemption periods under the banking laws, Rules of Court, and other laws apply to Special Purpose Vehicle entities (SPV's)	Section 19 of the Special Purpose Vehicle Act expressly states that redemption periods allowed to borrowers under the banking law, the Rules of Court, and/or other laws are applicable. Hence, the right of redemption allowed to a debtor under Article 1634 of the Civil Code is applicable to the case a quo.	Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc.	204700	April 10, 2013	https://wpd.cdasiaonline.com/jurisprudences/57041?s_params=-4xync4nHu5xaYGXspDE
10	Special Purpose Vehicles	Civil Code provisions on subrogation and assignment of credits apply in transfers of Non-Performing Loans (NPL's) to Special Purpose Vehicle entities (SPV's)	Section 13 of the SPV Law clearly provides that "in the transfer of the Non-Performing Loans (NPLs), the provisions on subrogation and assignment of credits under the New Civil Code shall apply." The law does not exclude the application of Article 1634 of the New Civil Code to transfers of NPLs by a financial institution to a special purpose vehicle.	Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc.	204700	November 24, 2014	https://wpd.cdasiaonline.com/jurisprudences/59497?s_params=-4xync4nHu5xaYGXspDE
11	Special Purpose Vehicles	Redemption periods under the banking laws, Rules of Court, and other laws apply to Special Purpose Vehicle entities (SPV's)	Section 19 of the Special Purpose Vehicle Act expressly states that redemption periods allowed to borrowers under the banking law, the Rules of Court, and/or other laws are applicable. Hence, the right of redemption allowed to a debtor under Article 1634 of the Civil Code is applicable to the case a quo.	Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc.	204700	November 24, 2014	https://wpd.cdasiaonline.com/jurisprudences/59497?s_params=-4xync4nHu5xaYGXspDE
12	Special Purpose Vehicles	A Special Purpose Vehicle entity (SPV) may substitute or join the transferor in a case involving Non-Performing Loans (NPL's) validly transferred	Whether or not the transferee should be substituted for, or should be joined with, the original party is largely a matter of discretion. That discretion is exercised in pursuance of the paramount consideration that must be afforded for the protection of the parties' interests and right to due process.	Cameron Granville 3 Asset Management, Inc. v. Chua	191170	September 14, 2016	https://wpd.cdasiaonline.com/jurisprudences/61969?s_params=ztexkXwzs1fYJs_zY21h
13	Special Purpose Vehicles	Prior notice to borrower is required for a valid transfer of Non-Performing Loans (NPL's) s to a Special Purpose Vehicle (SPV)	With the issuance of the certificate of eligibility, Allied Bank observed all the conditions, including the prior written notice requirement, and submitted all the necessary documents required by the SPV Law and its IRR. Ultimately, the transfer of the NPLs is valid and effective.	Grandholdings Investments (SPV-AMC), Inc. v. Court of Appeals	221271	July 19, 2019	https://wpd.cdasiaonline.com/jurisprudences/67314?s_params=t7eZiFyaxkBEzYCpLjWz
14	Special Purpose Vehicles	A Special Purpose Vehicle entity ("SPV") may substitute or join the transferor in a case involving the Non-Performing Loans (NPL's) validly transferred	Whether or not the transferee should be substituted for, or should be joined with, the original party is largely a matter of discretion. That discretion is exercised in pursuance of the paramount consideration that must be afforded for the protection of the parities' interests and the right to due process.	Grandholdings Investments (SPV-AMC), Inc. v. Court of Appeals	221271	July 19, 2019	https://wpd.cdasiaonline.com/jurisprudences/67314?s_params=t7eZiFyaxkBEzYCpLjWz