Restrictions on Interest Rates for Secured Loans
- No person or corporation may take or receive interest exceeding 12% per annum or the maximum rate prescribed for loans secured wholly or partly by duly registered real estate mortgages or similar documents.
- The Monetary Board may specify other types of securities to which this maximum rate limit applies.
Restrictions on Interest Rates for Unsecured Loans
- For loans or forbearance without security as described above, the maximum allowable interest rate is 14% per annum or the current maximum rate set by the Monetary Board.
Interest Rate Limits for Pawnbrokers
- Pawnbrokers or their agents are limited to charging:
- 2.5% per month on loans under Php100
- 2% per month on loans from Php100 to Php500
- 14% per annum on loans exceeding Php500
- These rates may be adjusted by the Monetary Board’s maximum rates.
- Pawnbrokers must be licensed and have a public establishment to be covered.
- It is unlawful to split pawns into fractions to circumvent interest limits.
- Additional charges labeled as insurance premiums for pawned items are prohibited.
Guidelines in Fixing Maximum Interest Rates
- In setting maximum rates, the Monetary Board must consider:
- Current economic conditions and national economic needs
- Credit supply and demand
- Inflation or price level increases
- Other relevant factors as deemed appropriate
Computation of Interest and Limit on Compound Interest
- Compound interest is not allowed unless agreed upon explicitly.
- Agreed compound interest must not exceed the equivalent of the maximum prescribed rate.
- Interest paid in advance must not cover more than one year, and the effective rate must not exceed the maximum allowable.
Consequences of Usurious Agreements
- Any contract stipulating interest or sums exceeding legal limits is void.
- Clerical errors in interest computation without intent to evade the law do not void contracts.
- Parties may stipulate that the interest rate agreed initially applies throughout the term regardless of later changes in maximum rates.
- Innocent purchasers of negotiable instruments acquired before maturity and without evasion intent are protected.
- The debtor has a right to recover excessive interest paid, including litigation costs and attorney's fees.
Rule-Making and Implementation
- The Monetary Board is empowered to promulgate rules and regulations necessary to implement the Act effectively.
Penalties and Criminal Sanctions
- Violations may lead to a criminal fine between Php50 and Php500, imprisonment from 30 days to 1 year, or both.
- The offender must return all interest collected to the aggrieved party.
- Failure to pay may result in subsidiary imprisonment (1 day per Php2 unpaid).
- In corporations or similar entities, the manager or person in charge is criminally liable for violations.
Repeal of Inconsistent Laws and Effectivity
- All laws or parts inconsistent with this Decree are repealed.
- The Decree takes effect immediately upon publication.