Philippine Bar review · Question

Practice question: Interest

Multiple Choice Hard

Practice question

A court evaluates a challenged stipulated rate. One party argues that all rates above the legal rate are necessarily unconscionable; the other argues that signed rates can never be reduced. Which approach accords with Lara's Gifts?
  1. Accept both propositions
  2. Assess the established context and applicable equitable rules; neither categorical proposition is correct
  3. Automatically replace every agreement with zero interest
  4. Ignore the parties' circumstances in every case
  5. Treat every disputed rate as a criminal conviction

Legal references

  • Civil Code Articles 1169, 1956, 1959, 2209 and 2212: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Nacar v. Gallery Frames, GR 189871, August 13, 2013, main decision: https://lawphil.net/judjuris/juri2013/aug2013/gr_189871_2013.html
  • Lara's Gifts & Decors v. Midtown Industrial Sales, GR 225433, September 20, 2022, main resolution: https://lawphil.net/judjuris/juri2022/sep2022/gr_225433_2022.html

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