Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 113 of 13 articles for usury

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Unconscionable Interest: The Limits of Contractual Freedom in Philippine Loans

Philippine courts can strike down unconscionable interest rates in loan agreements. Learn the rules on excessive interest and how borrowers are protected.

Pactum Commissorium: When Mortgage Agreements Unfairly Benefit Lenders

Philippine Supreme Court ruling on mortgage validity, unconscionable interest rates, and when borrowers cannot escape contractual obligations.

Trust Receipt vs. Loan: When a Security Agreement Becomes a Debt

Philippine Supreme Court ruling clarifies when a trust receipt arrangement is actually a loan, affecting liability and criminal exposure.

Res Judicata and Forum Shopping in Foreclosure Disputes: Villanueva v. Court of Appeals

The Supreme Court explains how res judicata and forum shopping bar repeated challenges to loan interest rates and foreclosure proceedings.

Unconscionable Interest Rates: Protecting Borrowers From Excessive Loan Costs

The Supreme Court affirms that monthly interest rates of 5% to 7% are unconscionable and may be reduced to 12% per annum.

Piercing the Corporate Veil in the Philippines: When Parent Companies Pay Subsidiary Debts

Philippine courts can hold parent companies liable for subsidiary debts when the subsidiary is a mere instrumentality. Learn the rules from General Credit v. Alsons.

Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements

The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.

Unconscionable Interest Rates When Courts Intervene in Surety Bond Disputes

Philippine courts can reduce stipulated interest rates that balloon beyond the principal debt. Learn the rule from a 2006 surety bond case.

Usury Law Suspension, Freedom to Contract, and Unconscionable Interest Rates in Loan Agreements

Philippine Supreme Court ruling on whether courts can reduce interest rates agreed upon by parties after the Usury Law suspension.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.

Legal Interest Rates in the Philippines: When Does 6% vs 12% Apply

Philippine Supreme Court clarifies when 6% or 12% legal interest applies—loans and forbearance versus other obligations. Learn the rules.

Philippine Legal Interest on Loans: When Does 12% Apply? Villanueva v. CA Explained

Learn when 12% legal interest applies to unpaid loans in the Philippines, based on the Supreme Court's ruling in Villanueva v. Court of Appeals.