13/04/2026
AYAW BAYARI ANG INTEREST NGA 40% KADA-BULAN KAY DILI NA PWEDE SA ATONG BALAOD
An interest rate of 40% per month is considered unconscionable, iniquitous, and void under Philippine law, even if voluntarily agreed upon by the borrower.
Furthermore, interest is legally unenforceable if it is not expressly stipulated in writing.
LEGAL NGA BASEHANAN NGANONG VOID KINI.
1. Unconscionable Interest (Void): While the Usury Law ceilings were lifted (CB Circular 905-82), Philippine courts have repeatedly ruled that interest rates of 3% per month (36% per annum) or higher are excessive and void for being contrary to morals, good customs, or public policy. A 40% monthly rate is vastly higher than this threshold.
2. Void Ab Initio: When an interest rate is deemed unconscionable, the stipulation on interest is void ab initio (from the beginning), as if it were never written in the contract.
3. Requirement of Writing: Under Article 1956 of the Civil Code, no interest shall be due unless it has been expressly stipulated in writing. A verbal agreement for 40% interest is legally invalid.
UNSAY MAHITABO ANI KUNG MAABOT SA KORTE
1. Equitable Reduction: Courts do not usually eliminate the interest entirely but reduce it to a "reasonable" rate, often the legal interest rate of 12% per annum (or 6% per annum for newer cases).
2. Principal Remains Valid: The invalidation of the interest rate does not mean the borrower doesn't have to pay back the loan. The principal amount of the loan remains valid and must be paid, but it will only earn a legal rate of interest, not the 40% rate.
3. Voided Penalties: Any penalties, collection fees, or compounding interests that "bloat" the principal are often struck down as well.
4. Recent Regulatory Caps (SEC/BSP):
As of 2026, the Securities and Exchange Commission (SEC) and the Bangko Sentral ng Pilipinas (BSP) have set caps for small, unsecured loans (up to ₱10,000 for 4 months) at a maximum of 6% monthly nominal interest and a 12% effective interest rate (EIR) per month, with late penalties limited to 5% per month.
If you are facing this situation, you can challenge the interest rate in court.