Interest or Mutuum - Part 2

WILLIAM C. LOUH, JR. AND IRENE L. LOUH VS.
BANK OF THE PHILIPPINE ISLANDS

G.R. NO. 225562
MARCH 08, 2017
FACTS:
The Bank of the Philippine Islands (BPI) issued a credit card in William's name, with Irene as the
extension card holder. Pursuant to the terms and conditions of the cards' issuance, 3.5% finance charge
and 6% late payment charge shall be imposed monthly upon unpaid credit availments.
The Spouses Louh made purchases from the use of the credit cards and paid regularly based
on the amounts indicated in the Statement of Accounts (SOAs). However, they were remiss in their
obligations starting October 14, 2009.
As of August 15, 2010, their account was unsettled prompting BPI to send written demand letters
dated August 7, 2010, January 25, 2011 and May 19, 2011. By September 14, 2010, they owed BPI
the total amount of P533,836.27. Despite repeated verbal and written demands, the Spouses Louh
failed to pay BPI.
On August 4, 2011, BPI filed before the Regional Trial Court (RTC) of Makati City a Complaint for
Collection of a Sum of Money.
Regional Trial Court Ruling:

On November 29, 2012, the RTC rendered a Decision, the fallo of which ordered the Spouses
Louh to solidarily pay BPI:
(1) P533,836.27 plus 12% finance and 12% late payment annual charges starting from August
7, 2010 until full payment; and
(2) 25% of the amount due as attorney's fees, plus P1,000.00 per court hearing and P8,064.00
as filing or docket fees; and (3) costs of suit.
The RTC explained that BPI had adduced preponderant evidence proving that the Spouses Louh
had in fact availed of credit accommodations from the use of the cards. However, the RTC found the
3.5% finance and 6% late payment monthly charges imposed by BPI as iniquitous and unconscionable.
Hence, both charges were reduced to 1% monthly. Anent the award of attorney's fees equivalent to
25% of the amount due, the RTC found the same to be within the terms of the parties' agreement.
Court of Appeals Ruling:

CA affirmed the decision of the RTC in toto. The CA also found that BPI had offered ample
evidence, to wit:
(1) delivery receipts pertaining to the credit cards and the terms and conditions governing the
use thereof signed by the Spouses Louh;
(2) computer-generated authentic copies of the SOAs; and
(3) demand letters sent by BPI, which the Spouses Louh received but ignored.
As to the award of attorney's fees, the CA ruled that the terms governing the use of the cards
explicitly stated that should the account be referred to a collection agency, then 25% of the amount due
shall be charged as attorney's fees.
A Motion for Reconsideration was filed by the spouses which was also denied. Hence, this
petition.
The Spouses Louh pray for the dismissal of BPI's suit. They alleged that BPI failed to establish
its case by preponderance of evidence. Purportedly, BPI did not amply prove that the Spouses Louh
had in fact received and accepted the SOAs, which were, however, unilaterally prepared by the bank.
They allege the same circumstance as to the receipt of the demand letters. The computations likewise
did not show the specific amounts pertaining to the principal, interests and penalties. They point out
that since their credit limit was only P326,000.00, it is evident that the amount of P533,836.27
demanded by BPI included unconscionable charges.
ISSUE: Whether or not the 5% finance and 6% late payment monthly charges imposed by BPI are
iniquitous and unconscionable.
HELD:
Yes. A modification of the reckoning date relative to the computation of the charges was ordered.
In Macalinao, where BPI charged the credit cardholder of 3.25% interest and 6% penalty per
month, and 25% of the total amount due as attorney’s fees, the Court unequivocally declared that:
[T]his is not the first time that this Court has considered the interest rate of 36% per annum as excessive
and unconscionable. We held in Chua vs. Timan:
The stipulated interest rates of 7% and 5% per month imposed on respondents’

loans must be equitably reduced to 1% per month or 12% per annum. We need not
unsettle the principle we had affirmed in a plethora of cases that stipulated interest rates
of 3% per month and higher are excessive, iniquitous, unconscionable and exorbitant.
Such stipulations are void for being contrary to morals, if not against the law.
While C.B. Circular No. 905-82, which took effect on January 1, 1983, effectively
removed the ceiling on interest rates for both secured and unsecured loans, regardless
of maturity, nothing in the said circular could possibly be read as granting carte
blanche authority to lenders to raise interest rates to levels which would either enslave
their borrowers or lead to a hemorrhaging of their assets. x x x
Since the stipulation on the interest rate is void, it is as if there was no express contract thereon.
Hence, courts may reduce the interest rate as reason and equity demand.
The same is true with respect to the penalty charge. x x x Pertinently, Article 1229 of the Civil
Code states:
Art. 1229. The judge shall equitably reduce the penalty when the principal obligation has
been partly or irregularly complied with by the debtor. Even if there has been no
perfom1ance, the penalty may also be reduced by the courts if it is iniquitous or
unconscionable.
xxxx
The stipulated penalty charge of 31% per month or 36% per annum, in addition to regular
interests, is indeed iniquitous and unconscionable. Thus, in Macalinao, the Court reduced both the
interest and penalty charges to 12% each, and the attorney’s fees to P10,000.00.
In MCMP Construction Corp. v. Monark Equipment Corp., the creditor cumulatively charged
the debtor 60% annually as interest, penalty and collection fees, and 25% of the total amount due as
attorney’s fees. The Court similarly found the rates as exorbitant and unconscionable; hence, directed
the reduction of the annual interest to 12%, penalty and collection charges to 6%, and attorney’s fees
to 5%. The Court explained that attorney’s fees are in the nature of liquidated damages, which under
Article 2227 of the New Civil Code, “shall be equitably reduced if they are iniquitous or unconscionable.”
In the case at bench, BPI imposed a cumulative annual interest of 114%, plus 25% of the amount
due as attorney’s fees. Inevitably, the RTC and the CA aptly reduced the charges imposed by BPI upon
the Spouses Louh. Note that incorporated in the amount of P533,836.27 demanded by BPI as the
Spouses Louh’s obligation as of August 7, 2010 were the higher rates of finance and late payment
charges, which the courts a quo had properly directed to be reduced.
In the SOA dated October 14, 2009, the principal amount indicated was P113,756.83. In
accordance with Macalinao, the finance and late payment charges to be imposed on the principal
amount of P113,756.83 are reduced to 12% each per annum, reckoned from October 14, 2009, the
date when the Spouses Louh became initially remiss in the payment of their obligation to BPI, until full
payment.
Anent BPI’s litigation expenses, the Court retains the RTC and CA’s disquisition awarding
P8,064.00 as filing or docket fees, and costs of suit. However, the Court reduces the attorney’s fees to
five percent (5%) of the total amount due from the Spouses Louh pursuant to MCMP and Article 2227
of the New Civil Code.

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WILLIAM C. LOUH, JR. AND IRENE L. LOUH VS.

BANK OF THE PHILIPPINE ISLANDS

Regional Trial Court Ruling:

Court of Appeals Ruling:

(2) computer-generated authentic copies of the SOAs; and

The stipulated interest rates of 7% and 5% per month imposed on respondents’

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