Spouses Castro vs. Tan

G.R. No. 168940
A 5% monthly interest rate on a mortgage was deemed unconscionable, reduced to 12% annually; foreclosure nullified, property reconveyed upon repayment.

Case Summary (G.R. No. 168940)

Factual Background

On February 17, 1994, Angelina de Leon Tan and her husband Ruben executed a document styled Kasulatan ng Sanglaan ng Lupa at Bahay to secure a P30,000.00 loan from Sps. Isagani and Diosdada Castro. The Kasulatan stipulated payment within six months or until August 17, 1994, and fixed interest at five percent per month, compounded monthly. After Ruben Tan died on September 2, 1994, respondent Angelina became solely responsible for the debt but failed to pay upon maturity. She offered to pay the P30,000.00 principal and a portion of interest, but petitioners demanded a total allegedly due amount of P359,000.00. Petitioners conducted an extrajudicial foreclosure on February 5, 1999, bought the property at auction, and, following the lapse of the statutory period of redemption, procured consolidation of title and possession, which the Sheriff delivered on June 21, 2000.

Trial Court Proceedings

On September 26, 2000, Angelina de Leon Tan and the other respondents filed a Complaint for Nullification of Mortgage and Foreclosure and/or Partial Rescission of Documents and Damages before the Regional Trial Court of Malolos, Bulacan. The respondents alleged, inter alia, that the stipulated five percent monthly interest was unconscionable. On June 11, 2002, Judge Arturo G. Tayag held that while the mortgage and foreclosure could not be declared wholly void, the Kasulatan was partially rescinded and the stipulated interest was reduced to twelve percent per annum, with an additional one percent per month penalty as liquidated damages from February 17, 1994 until June 21, 2000; the counterclaim was dismissed and costs were taxed against the defendants.

Court of Appeals Decision

Petitioners appealed to the Court of Appeals. The CA affirmed the trial court’s finding that the five percent monthly compounded interest was iniquitous and unconscionable and therefore subject to equitable reduction to the legal rate of twelve percent per annum. The CA further modified the judgment by expressly allowing respondents to redeem the mortgaged property notwithstanding the expiration of the statutory redemption period, in the interest of equity and substantial justice. Petitioners’ motion for reconsideration was denied by CA resolution dated July 18, 2005.

Issues Presented to the Supreme Court

The petition raised three principal issues: whether the CA erred in nullifying the interest rate voluntarily agreed upon by the parties; whether the CA improperly altered the terms of the mortgage contract by reducing the agreed interest rate; and whether the CA erred in extending the period of redemption in violation of Act No. 3135, which provides only one year for redemption after foreclosure.

Petitioners’ Contentions

Sps. Isagani and Diosdada Castro argued that, pursuant to Central Bank Circular No. 905, s. 1982, the ceiling set by the Usury Law had been suspended and parties therefore had wide latitude to stipulate any interest rate. They maintained that the Kasulatan reflected a freely and voluntarily agreed stipulation, that the Court of Appeals had no authority to nullify an expressly stipulated compounded interest, and that extension of the redemption period contravened the clear one-year limit under Act No. 3135.

Respondents’ Contentions

Angelina de Leon Tan and the co-respondents contended that the stipulated interest was excessive, contrary to morals, and thus void. They emphasized that contractual stipulations bind parties only so long as they are not contrary to law, morals, good customs, public order, or public policy, and argued that equity required that they be allowed to redeem once the unconscionable interest was struck down.

The Supreme Court’s Ruling

The Supreme Court denied the petition and affirmed the CA decision with modifications. The Court held that the five percent monthly interest, compounded monthly (sixty percent per annum), was excessive, iniquitous, unconscionable and contrary to morals and therefore void ab initio under Article 1306 of the Civil Code. The Court ordered that the legal interest of twelve percent per annum be imposed in lieu of the void stipulated rate. The Court deleted the award of one percent per month as liquidated damages for lack of any contractual stipulation. The Court also nullified the foreclosure sale and its registration and ordered reconveyance of the subject property to respondents conditioned upon payment of the loan plus interest at the imposed legal rate.

Legal Basis and Reasoning

The Court acknowledged that Central Bank Circular No. 905, s. 1982 removed the statutory ceiling prescribed by the Usury Law and thereby broadened contractual freedom in interest stipulations. The Court held, however, that such freedom was not absolute. The Court reiterated established doctrine that stipulations authorizing iniquitous or unconscionable interest remain contrary to morals and may be declared illegal. The Court relied on prior decisions, notably Medel v. Court of Appeals and Ruiz v. Court of Appeals, where grossly excessive monthly rates were struck down and reduced to twelve percent per annum. Applying that jurisprudence, the Court found the five percent monthly rate to be substantially greater than interest rates previously upheld and therefore unconscionable. Pursuant to Article 1306, the void stipulation was treated as non-existent and replaced by the statutory legal interest.

On Liquidated Damages

The Court examined the trial court’s grant of one percent per month as liquidated damages and noted that Article 2226 of the Civil Code defines liquidated damages as those agreed upon by the parties. The Court observed that the Kasulatan contained no stipulation for liquidated damages, and that neither party proved any separate agreement imposing such damages. The Court therefore held that the award of liquidated damages lacked legal basis and deleted it from the judgment.

On Redemption and Foreclosure

The Court addressed the foreclosure proceedings and the statutory period of redemption under Act No. 3135. It found that respondents had attempted to pay the principal after maturity but petitioners had refused and demanded the grossly inflated amount. The Court cited Heirs of Zoilo Espiritu v. Landrito for the proposition that foreclosure conducted upon an overstated demand cannot stand. Because the

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