Petitioner
The Government of the Philippine Islands
Respondent
Jose Vaca y Garrido
Citation
G.R. No. 44106
Court
Supreme Court
Division
First Division
Ponente
Villa-Real, J.
Decided
January 19, 1937

Summary

The Supreme Court affirmed a lower court judgment requiring defendants to pay defaulted mortgage loans with compound interest and attorney's fees. Defendants challenged 9% compound interest as usurious and attorney's fees as excessive. The Court ruled that express agreements for compound interest do not violate usury laws, citing established precedent. It upheld penalty clauses for attorney's fees as valid contractual provisions under Civil Code Articles 1091, 1152, and 1258, finding them neither excessive nor contrary to law. The decision reinforced the enforceability of compound interest stipulations and penalty clauses in mortgage contracts, establishing important precedent for banking and lending practices in the Philippines during the American colonial period.

Statutes applied

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By the Intellegal Editorial Board · January 19, 1937

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