Can a final and executory judgment against an insolvent bank be stayed?
Yes, after the Monetary Bank has declared that a bank is insolvent and has ordered it to cease operations, the assets of the insolvent bank are held in trust for the equal benefit of all creditors. One cannot obtain an advantage or preference over another by attachment, execution or otherwise. The final judgment against the bank should be stayed as to execute the judgment would unduly deplete the assets of the banks to the obvious prejudice of other depositors and creditors. (Lipana v. Development Bank of Rizal, G.R. No. L-73884, Sept. 24, 1987)
