Title
Spouses Mallari vs. Prudential Bank
Case
G.R. No. 197861
Decision Date
Jun 5, 2013
Florentino Mallari defaulted on loans secured by a mortgage; SC upheld 23% interest, 12% penalty, and foreclosure, ruling terms valid and enforceable.
A

Case Digest (G.R. No. 197861)

Facts:

  • Loan Transactions
    • December 11, 1984 – Florentino T. Mallari obtained a ₱300,000.00 loan from Prudential Bank-Tarlac (PN No. BD 84-055) at 21% p.a. interest, 15% attorney’s fees (≥₱200.00), and 12% p.a. penalty; maturity set Jan. 10, 1985 and renewed to Feb. 17, 1985; Florentino assigned a ₱300,000.00 time deposit to secure the loan.
    • December 22, 1989 – Spouses Florentino and Aurea Mallari borrowed ₱1.7 million (PN No. BDS 606-89) at 23% p.a. interest, 15% attorney’s fees (≥₱200.00), and 12% p.a. penalty; maturity Mar. 22, 1990; they executed a real estate mortgage over TCT No. T-215175 in Tarlac.
  • Default and Extrajudicial Foreclosure
    • Petitioners defaulted; demand letters computed obligations as of Jan. 31, 1992: ₱571,218.54 (PN BD 84-055) and ₱2,991,294.82 (PN BDS 606-89). On Feb. 25, 1992, the bank filed for extrajudicial foreclosure; auction scheduled Apr. 23, 1992.
    • On Apr. 10, 1992, statements of account showed balances of ₱594,043.54 (₱300k loan) and ₱3,171,836.18 (₱1.7M loan). Petitioners sought annulment of the mortgage and injunctive relief; the RTC first denied, then granted a restraining order (Jan. 14, 1993), later lifted it (Mar. 9, 1993). The property was sold on July 7, 1993 to the bank for ₱3.5 million.
  • Judicial Proceedings
    • The bank’s Motion to Dismiss was denied (Nov. 19, 1998). At trial, after petitioner’s sole witness, the bank’s Demurrer to Evidence was granted (Nov. 15, 1999), dismissing petitioners’ complaint for lack of proof of bad faith.
    • The CA (June 17, 2010) affirmed the RTC decision, and denied reconsideration (July 20, 2011). Petitioners filed a Rule 45 petition before the Supreme Court.

Issues:

  • Whether the 23% p.a. interest rate on the ₱1.7 million loan is excessive or unconscionable.
  • Whether the 12% p.a. penalty charge for default is excessive or unconscionable.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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