Title
Spouses Castro vs. Tan
Case
G.R. No. 168940
Decision Date
Nov 24, 2009
A 5% monthly interest rate on a mortgage was deemed unconscionable, reduced to 12% annually; foreclosure nullified, property reconveyed upon repayment.

Case Digest (G.R. No. 168940)

Facts:

  • Parties and Property
    • Respondents Angelina de Leon Tan and Ruben Tan were registered owners of a 240-sqm residential lot in Barrio Canalate, Malolos, Bulacan (TCT No. T-8540).
    • Petitioners Spouses Isagani and Diosdada Castro extended a loan of ₱30,000 to the Tans, secured by a “Kasulatan ng Sanglaan ng Lupa at Bahay.”
  • Loan Agreement and Default
    • The Kasulatan required repayment of ₱30,000 within six months (by August 17, 1994) at 5% interest per month, compounded monthly.
    • After Ruben Tan’s death (September 2, 1994), Angelina Tan failed to pay; her offer to pay principal plus partial interest was refused, and petitioners demanded ₱359,000.
  • Extrajudicial Foreclosure and Possession
    • Petitioners foreclosed extrajudicially on February 5, 1999, then purchased the property at auction as sole bidder.
    • The one-year redemption period lapsed unredeemed; a writ of possession issued and respondents were ejected.
  • Judicial Proceedings
    • On September 26, 2000, respondents filed in the RTC a complaint to nullify the mortgage and foreclosure, rescind the interest clause, and recover damages for unconscionable interest.
    • RTC (June 11, 2002) held the 5% monthly interest iniquitous and rescinded it, reducing interest to 12% per annum plus 1% monthly liquidated damages; allowed redemption on an offered ₱200,000.
    • CA (October 29, 2004) affirmed but modified: respondents could redeem by paying ₱30,000 plus 12% per annum from February 17, 1994 and penalty at the same rate until June 21, 2000.
    • CA denied petitioners’ motion for reconsideration (July 18, 2005).
    • Petitioners filed for review on certiorari before the Supreme Court (G.R. No. 168940).

Issues:

  • Whether the CA erred in nullifying the 5% monthly interest voluntarily agreed upon.
  • Whether the CA improperly altered the mortgage contract by imposing different terms.
  • Whether the CA erred in extending the redemption period beyond the one-year limit under Act No. 3135.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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