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ASIAN CATHAY FINANCE v. SPS. CESARIO GRAVADOR AND NORMA DE VERA AND SPS. EMMA CONCEPCION G. DUMIGPI AND FEDERICO L. DUMIGPI

This case has been cited 1 times or more.

2014-09-08
DEL CASTILLO, J.
The situation that it was the debtor who insisted on the interest rate will not exempt Rolando from a ruling that the rate is void.  As this Court cited in Asian Cathay Finance and Leasing Corporation v. Gravador,[32] "[t]he imposition of an unconscionable rate of interest on a money debt, even if knowingly and voluntarily assumed, is immoral and unjust.  It is tantamount to a repugnant spoliation and an iniquitous deprivation of property, repulsive to the common sense of man."[33] Indeed, "voluntariness does not make the stipulation on [an unconscionable] interest valid."[34]