Title
Amendments to the Usury Law
Law
Act No. 3291
Decision Date
Dec 2, 1926
An amendment to the Usury Law in the Philippines sets maximum interest rates for loans secured by real estate and prohibits compound interest, allowing borrowers to recover excess interest within two years, while voiding contracts with higher interest rates, except in cases of clerical errors or the purchase of negotiable mercantile paper by an innocent purchaser, and does not apply to pending transactions or obligations made before its approval.
A

Q&A (Act No. 3291)

The maximum interest rate allowed is twelve percent per annum for loans or renewals secured by a mortgage upon real estate with a duly registered title.

Compound interest shall not be reckoned except by agreement, or if the debt is judicially claimed, in which case it shall draw six percent per annum interest.

Pawnbrokers may charge a maximum interest rate of two and one-half percent per month when the sum lent is less than one hundred pesos.

No, it is unlawful for a pawnbroker or their agent to divide the pawn offered into two or more fractions in order to collect greater interest than permitted.

It is unlawful for pawnbrokers to require an additional charge as an insurance premium for the safekeeping and conservation of the pawned article.

The borrower may recover the whole interest, commissions, and premiums paid in excess, plus costs and attorney's fees, through an action against the lender filed within two years after payment.

No, the Act does not apply to pending transactions or obligations contracted prior to approval, except renewals made after the Act takes effect.

Such covenants or stipulations in contracts are void, except for clerical errors made without intent to evade the law.

Yes, they may charge an additional premium not exceeding two percent per annum, fixed by their board of directors.

No, a creditor cannot require interest payment in advance for a period longer than one year.


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