Case Digest (G.R. No. 168940)
Facts:
In Spouses Isagani Castro and Diosdada Castro v. Angelina de Leon Tan et al. (G.R. No. 168940, November 24, 2009), respondents Angelina and Ruben Tan owned a 240-sqm residential lot in Malolos, Bulacan (TCT No. T-8540). On February 17, 1994, they executed a Kasulatan ng Sanglaan ng Lupa at Bahay, securing a P30,000.00 loan from petitioners with an interest rate of 5% per month, compounded monthly, repayable on or before August 17, 1994. After Ruben’s death on September 2, 1994, Angelina failed to satisfy the debt. Despite her offer to pay the P30,000.00 principal plus partial interest, petitioners demanded P359,000.00. On February 5, 1999, petitioners foreclosed extrajudicially and acquired the property at auction; the one-year redemption period lapsed, and a writ of possession was served. On September 26, 2000, Angelina Tan and several co-respondents filed a complaint in the Regional Trial Court (RTC) of Bulacan challenging the unconscionable interest, seeking nullification, paCase 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- RTC (June 11, 2002) held the 5% monthly interest iniquitous and rescinded it, reducing interest to 12% per annum plus 1% monthly liquidated damages; allowed redemption on an offered ₱200,000.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)