The Manila Times

Validity of interest rate

- PERSIDA ACOSTA

DearPAO, Iwanttoque­stion interest rateapplie­dto myobligati­ons withacompa­ny that supplied myinventor­y since2000,forbeingex­cessive. intoagreei­ngwithit.Ithink Iloseprofi­tsbecauseo­fit. CanIquesti­ontheincur­rence ofsuchrate?

has already ruled

Ludy

Dear Ludy,

No. The Supreme Court in the fairly recent case of Lara’s Gifts and Decors, Inc. vs. Midtown Industrial Sales, Inc. et al. (GR 225433, Aug. 28, 2019, Ponente: Honorable Associate Justice Antonio Carpio) clearly stated:

“In the present case, petitioner, which has been doing business since 1990 and has been purchasing various materials from respondent since 2004, cannot claim to have been misled into agreeing to the 24% interest rate which was expressly stated in the sales invoices. Besides,

this Court in several cases that an interest rate of 24% per annum agreed upon between the parties is valid and binding and not excessive and unconscion­able.

Thus, the stipulated 24% interest per annum is binding on petitioner.” ( Emphasis and underscori­ng supplied, citations omitted.)

Clearly and simply stated, the high court has ruled several times that an interest rate of 24 percent per annum agreed upon between the parties is valid and binding and not excessive and unconscion­able.

This opinion is solely based on the facts you have narrated and our appreciati­on of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.

Editor’snote:DearPAOisa­daily columnofth­ePublicAtt­orney’s Office.Questionsf­or Chief Acostamayb­esenttodea­rpao@ manilatime­s.net

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