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VVocatus · Bar Exam Practice

Commercial Law, 2017 Bar — Question IV-b

Commercial Law
2017 BarCommercial LawQ. IV-b

ESSAY

Procopio, a Director and the CEO of Parisian Hotel Co., Inc. (Parisian), was charged along with other company officials with several counts of estafa in connection with the non-remittance of SSS premiums the company had collected from its employees. During the pendency of the cases, Parisian filed a petition for rehabilitation. The court, finding the petition to be sufficient in form and substance, issued a commencement order together with a stay or suspension order. Citing the commencement order, Procopio and the other officers facing the criminal charges moved to suspend the proceedings in the estafa cases. Suppose you are the trial judge, will you grant the motion to suspend of Procopio, et al.? Explain your answer.

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