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Mindanao university ordered to close law programs

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  The Legal Education Board (LEB) has ordered the Mindanao State University to close its law programs in all its campuses starting academic year 2025-2026 after it approved a resolution canceling MSU’s accreditation. The order stemmed from MSU’s refusal to recognize LEB’s supervisory authority and for asserting that it is not bound by the board’s orders, policies and guidelines on legal education. “The MSU is no longer authorized to offer the basic law program in the country,”  the LEB said. The board made permanent the cease and desist order it issued against MSU’s extension law programs on its campuses in Tawi-Tawi, Sulu and Maguindanao. It expressed concern over what it described as MSU’s “dismal” performance in the Bar examinations, noting the school’s passing rate since 2013 has been below the national passing percentage. Reacting to the LEB’s resolution, the MSU said it would continue to operate in accordance with its chapter passed by Congress in 1955. “The LEB cannot act no
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CIVIL LAW II | Q.No. 11 | BAR 2022

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 RE: The imposition of an unconscionable interest rate is void ab initio for being "contrary to morals, and the law." | 

CIVIL LAW II | Q.NO.11 | BAR 2022


In the consolidated cases of Rivera v. Sps. Chua and Sps. Chua v. Rivera, the Court affirmed the finding of the CA that 5% per month or 60% per annum interest rate is highly iniquitous and unreasonable; and since the interest rate agreed upon is void, the rate of interest should be 12% [now 6%] per annum (12% - the then prevailing interest rate prescribed by the Central Bank of the Philippines for loans or forbearances of money) from the date of judicial or extrajudicial demand. 


RE: No Default | 


In a situation wherein null and void interest rates are imposed under a contract of loan, the non-payment of the principal loan obligation [does not] place the debtor in a stat of default, considering that under Article 1252 of the Civil Code, "if a debt produces interest, payment of the [principal] shall [not] be deemed to have been made [until] the [interests] have been covered." (Emphasis supplied). 


Necessarily, since the obligation of making interest payments in the instant case is illegal and thus non-demandable, the payment of the principal loan obligation was likewise not yet demandable on the part of PNB (creditor). With Vasquez (debtor) not being in a state of default, the foreclosure of the subject properties should [not] have proceeded.(1) (Emphasis supplied). 


RE: Similar cases | 


Similarly, in Sps. Albos v. Sps. Embisan, the extra-judicial foreclosure sale of a mortgaged property, which was foreclosed due to the non-payment of a loan, was invalidated because the interest rates imposed on the loan were found to be null and void due to their unconscionability. 


In Sps. Castro v. Tan, on the basis of the nullity of the imposed interest rates due to their iniquity, the Court nullified the foreclosure proceedings "since the amount demanded as the outstanding loan was overstated. Consequently, it has not been shown that the respondents have failed to pay the correct amount of their outstanding obligation. x x x" 


ATTY. LEONARD FLORENT O. BULATAO, PETITIONER, VS. ZENAIDA C. ESTONACTOC, G.R. No. 235020, December 10, 2019

👨‍⚖️ CAGUIOA, J 


Footnotes: 


(1) this Case, citing the consolidated cases of Vasquez v. Philippine National Bank and Philippine National Bank v. Vasquez 


📸: #philjuris | https://bit.ly/m/AttyEblogger

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