Professional Documents
Culture Documents
Facts:
Ligutan and Llana (P) obtained a loan of 120k pesos from Security Bank
o Bound themselves jointly and severally to pay
o 15.189% per annum interest
o penalty of 5% every month on principal and interest in case of default
o to pay 10% atty fees if matters were indorsed to a lawyer for collection or to
enforce payment
Obligation matured on Sept 8 1981
The ban however granted the extension but only until Dec 29 1981
May 20 1982 - Ligutan and Llana failed to settle debt despite demand and debt
amounted to 114k pesos already
Sept 30 1982 – sent final demand letter to pay within 5 days
Nov 3 1982 – filed a case before RTC Makati for recovery of amount
Ligutan and Llama failed to present evidence so TC moved the case submitted for
submission
2 years after, Ligutan and Llama filed an MR to be able to present evidence but
denied
RTC – Security Bank won
o 114,416 pesos 15.189%, 2% service charge and 5% per month penalty
charge until fully paid
o 10% of total indebtedness as atty fees
o pay cost of suit
P appealed to CA
CA modified RTC decision
o Interest should commence upon demand and not when complaint filed
114,416 pesos with interest 15.189% from may 20, 1982
From 5% to 3% per monthly penalty from may 20, 1982
10% of total indebtedness as atty fees
P filed an omnibus motion for reconsideration and to admit newly discovered
evidence
o Ligutan and his wife executed a real estate mortgage on Jan 18 1984 to
secure the debt and it was foreclosed without them being informed.
Furthermore, the proceeds were not credited on their debt
CA denied Motion
o New evidence has been known to them when the first motion for
reconsideration was filed
P appealed to SC
Issue:
WON penalty is reasonable (YES)
WON 10% of indebtedness is excessive (NO)
WON CA erred in not admitting P new trial motion (NO)
WON CA erred that there was a novation of the cause of action (NO)
Held:
A penalty clause, expressly recognized by law, is an accessory undertaking to
assume greater liability on the part of the obligor in case of breach of an
obligation
It functions to strengthen the coercive force of the obligation and to provide, in
effect, for what could be liquidated damages resulting to breach
o Bound to pay stipulated indemnity without the necessity of proof on the
existence and measure of damage caused by the breach
o They can agree on terms and conditions as long as not contrary to law,
morals, good customs, public order, and public policy
Courts can equitably reduce if unconscionable or irregularly complied with
Penalty is subjective and partly objective depending on the ff (not exclusive)
o Type, extent, nature of penalty
o Nature of the obligation
o Mode of breach and its consequences
o Supervening realities
o Standing and relationship of parties
Addressed to the sound discretion of the court
o Penalty can even be deleted if theres substantial compliance in good faith
by the obligor
o When clause itself suffers from fatal infirmity
o Exceptional circumstances warrant it
CA exercised good judgement when penalty reduced to 3%
o Despite repeated breach of P on their obli, SC sees no cogent reason to
modify ruling of CA
P brought up the 15.189% interest praying it be lowered\
o SC: It was brought up only now and was not brought up before the lower
courts
o SC: sees that 15.189% is not excessive on its face
o SC: The essence for the payment of interest, quite often referred to as cost
of money, is not exactly the same as that of a surcharge or a penalty
A penalty isnot necessarily preclusive of interest
The two being distinct concepts which may separately be
demanded
Does not necessarily follow that if the Court does not allow
fill surcharges and penalty, the interest rates may be
lowered as well
On the 10% of debt as atty fees
o SC agrees with CA as reasonable and this has been agreed upon by the
parties
On new trial or admit newly discovered evidence and alleged novation
o Even if admitted it would not have extinguished the original obligation
No stipulation that the mortgage would apply to supersede the
existing loan agreements
It is mere an accessory contract
Dispositive: Petition Denied