2012 Civil Law, Q6

a) Siga-an granted a loan to Villanueva in the amount of P 540, 000.00. Such agreement was not reduced to writing. Siga-an demanded interest which was paid by Villanueva in cash and checks. The total amount Villanueva paid accumulated to P 1, 200, 000.00. Upon advice of her lawyer, Villanueva demanded for the return of the excess amount of P 660, 000.00 which was ignored by Siga-an.
1) Is the payment of interest valid? Explain. (3%)
2) Is solution indebiti applicable? Explain. (2%)
b) Eulalia was engaged in the business of buying and selling large cattle. In order to secure the financial capital, she advanced for her employees (biyaheros). She required them to surrender TCT of their properties and to execute the corresponding Deeds of Sale in her favor. Domeng Bandong was not required to post any security but when Eulalia discovered that he incurred shortage in cattle procurement operation, he was required to execute a Deed of Sale over a parcel of land in favor of Eulalia. She sold the property to her grandneice Jocelyn who thereafter instituted an action for ejectment against the Spouses Bandong.
To assert their right, Spouses Bandong filed an action for annulment of sale against Eulalia and Jocelyn alleging that there was no sale intended but only equitable mortgage for the purpose of securing the shortage incurred by Domeng in the amount of P 70, 000.00 while employed as “biyahero” by Eulalia. Was the Deed of Sale between Domeng and Eulalia a contract of sale or an equitable mortgage? Explain. (5%)

Quick check

Under Article 1956 of the Civil Code, what is required for interest on a loan to be legally demandable?

What legal principle applies when a debtor pays loan interest that was never agreed upon in writing?

If Villanueva paid P1,200,000 on a P540,000 principal loan without a written interest stipulation, how much can she recover under solutio indebiti?

Under Article 1602 of the Civil Code, when is a contract of sale presumed to be an equitable mortgage?

Choices available with full access.

Why is the deed of sale executed by Domeng in favor of Eulalia classified as an equitable mortgage rather than a true sale?

Choices available with full access.

Unlock the full Civil Law answers

Learn more about these topics

1. Written Interest Requirement
Under Article 1956 of the Civil Code, no interest shall be due unless it has been expressly stipulated in writing. An oral agreement or demand for interest in a contract of simple loan or mutuum is void and legally unenforceable. Consequently, any interest paid pursuant to an unwritten stipulation is considered an undue payment rather than a valid fulfillment of a civil or natural obligation.

2. Solutio Indebiti Remedy
Under Articles 1960 and 2154 of the Civil Code, if a borrower pays interest when none has been stipulated in writing, the quasi-contractual principle of solutio indebiti applies. When something is received when there is no right to demand it, and it was unduly delivered through mistake, the recipient comes under the obligation to return it. The payor may recover the full amount of undue interest paid.

3. Equitable Mortgage Presumption
Under Article 1602 of the Civil Code, a contract purporting to be an absolute sale is presumed to be an equitable mortgage when the real intention of the parties is to secure the payment of a debt or the performance of an obligation. Indicia such as executing a deed of sale to cover an employee's financial shortage demonstrate that the transaction was intended merely as security, rendering it an equitable mortgage.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026