Unable to pay its debts, the Philippine branch of the erstwhile flagship of the global social networking industry has filed for rehabilitation at the Pasig City Regional Trial Court.
The debtor-initiated petition will be resolved in accordance with the Financial Rehabilitation and Insolvency Act of 2010 (or Republic Act 10142), which provides an orderly procedure for the rehabilitation (if still feasible) and liquidation (if closure becomes inevitable) of businesses that run into serious financial trouble.
Amid the gloomy report about the biggest corporate default in Philippine business history, it is heartening to note the five domestic banks that have a combined P21-billion loan exposure in Multiply have entered into a gentleman’s agreement not to undertake individual efforts to seize its properties to satisfy their debts.
In the past, when banks got word that a debtor company was in danger of going under, they scrambled to lay their hands on whatever assets were within reach to minimize their losses.
Although this approach made good business sense from the bank’s perspective, it often resulted in the closure and liquidation of the company.
Thus, the banks not only lost the opportunity to be proportionally paid, they also found themselves paying huge legal fees for recovering properties that were hardly worth the money shelled out to acquire them.
The filing of the bankruptcy petition, however, does not preclude the banks from exploring other means to help Multiply get out of its financial fix. The law gives the affected stakeholders of businesses that file for rehabilitation every opportunity to resolve the problem out of court.
For one, the banks can help in the search for a “white knight” that has the resources to settle Multiply’s unpaid debts and, at the same time, provide the capital needed to make it an operating concern again.
Expect that savior though, as a precondition for its takeover, to pressure the banks into agreeing to accept haircuts in their exposures, extend credit assistance at low-interest rates, defer the collection of loan payments, or a combination of the above.
As in most bankruptcy cases, the fate of the remaining or soon-to-be displaced Multiply employees would hang in the balance.
Assuming the rehabilitation petition pushes through and a rehabilitation receiver is appointed by the court, or a white knight comes along, the employment status of those workers would be a bone of contention.
Who among them will be retained and who will be laid off? If there is an existing collective bargaining agreement, will the new owner honor it in full or demand that some of its economic provisions be amended to reduce the company’s operational expenses?
The sanctity of employment contracts earlier entered into by Multiply would be severely tested.
In similar instances in the past, the affected employees, or their representatives, were rarely given a seat at the discussion table. Their fate was often left to the conscience or goodness of the people tasked with finding a solution to the bankruptcy problem.
If at all, the employees’ interests were discussed in conjunction with the preparation of the company’s profit and loss statement or other financial documents for the benefit of the court or the white knight.
They were just a number. The human element was rarely given the recognition and consideration it rightfully deserves.
Multiply’s bankruptcy should not be looked at simply as a financial issue that is better left to the court or the creditors to decide.
The Multiply employees deserve the same level of concern and care that the government has shown in handling the financial problems of displaced overseas Filipino workers.
It was closed last May 6, 2013, and ceased all business operations on May 31, 2013, along with the official online channels for the site had been removed along with all its content, including its YouTube, Twitter, Facebook, and Instagram accounts, after years of financial and managerial turmoil and following a failed bid to reinvent itself from being a social networking site to a vibrant e-commerce destination in Southeast Asia.
After May 6, the rest of the month will be used to ensure that all accounts are settled and merchants get full payment for their transactions, it said.
Multiply said the month-long grace period will provide its users enough time to find and migrate to alternative e-commerce platforms, settle all payments on items bought and delivered, and minimize disruption to the businesses of its users.
“Multiply will ensure that you receive all funds you earned on the platform no later than May 31, 2013. We will close the actual marketplace sooner, on May 6, 2013, to ensure that all orders have sufficient time to complete and be delivered to your customers before the end of the month,” it said.
The Labour Department said earlier that around 3,000 former Multiply staff had applied for compensation through the Protection of Wages on Insolvency Fund, a safety net for employees affected by business closures.








