Title
Amendments to the Usury Law on Interest Rates
Law
Presidential Decree No. 116
Decision Date
Jan 29, 1973
Presidential Decree No. 1684 amends The Usury Law to ensure gradual implementation of changes in interest rate ceilings, allowing for adjustments that benefit both creditors and debtors, while authorizing the Monetary Board to prescribe maximum rates of interest for loans based on prevailing economic and social conditions.
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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:
    1. Current economic conditions and national economic needs
    2. Credit supply and demand
    3. Inflation or price level increases
    4. 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.

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