4/15/2021
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1 . When the obligation is breached, and it consists in the payment
of a sum of money, i.e., a loan or forbearance of money, goods,
credits or judgments, the interest due shall be that which is
stipulated by the parties in writing, provided it is not excessive and
unconscionable, which, in the absence of a stipulated reckoning
date, shall be computed from default, i.e., from extrajudicial or
judicial demand in accordance with Article 1169 of the Civil Code,
UNTIL FULL PAYMENT, without compounding any interest unless
compounded interest is expressly stipulated by the parties, by law
or regulation. Interest due on the principal amount accruing as of
judicial demand shall SEPARATELY earn legal interest at the
prevailing rate prescribed by the Bangko Sentral ng Pilipinas, from
the time of judicial demand UNTIL FULL PAYMENT.
2. In the absence of stipulated interest, in a loan or forbearance of
money, goods, credits or judgments, the rate of interest on the
principal amount shall be the prevailing legal interest prescribed by
the Bangko Sentral ng Pilipinas, which shall be computed from
default, i.e., from extrajudicial or judicial demand in accordance with
Article 1169 of the Civil Code, UNTIL FULL PAYMENT, without
compounding any interest unless compounded interest is expressly
stipulated by law or regulation. Interest due on the principal amount
accruing as of judicial demand shall SEPARATELY earn legal interest
at the prevailing rate prescribed by the Bangko Sentral ng Pilipinas,
from the time of judicial demand UNTIL FULL PAYMENT.
3. When the obligation, not constituting a loan or forbearance of
money, goods, credits or judgments, is breached, an interest on the
amount of damages awarded may be imposed in the discretion of
the court at the prevailing legal interest prescribed by the Bangko
Sentral ng Pilipinas, pursuant to Article 2210 and 2011 of the Civil
Code. No interest, however, shall be adjudged on unliquidated
claims or damages until the demand can be established with
reasonable certainty. Accordingly, where the amount of the claim or
damages is established with reasonable certainty, the prevailing
legal interest shall begin to run from the time the claim is made
extrajudicially or judicially (Art. 1169, Civil Code) UNTIL FULL
PAYMENT, but when such certainty cannot be so reasonably
established at the time the demand was made, the interest shall
begin to run only from the date of the judgment of the trial court (at
which time the quantification of damages may be deemed to have
been reasonably ascertained) UNTIL FULL PAYMENT. The actual
base for the computation of the interest shall, in any case, be on the
principal amount finally adjudged, without compounding any
interest unless compounded interest is expressly stipulated by law
or regulation. (Emphases in the original; citations omitted)
Based on the prevailing jurisprudence, the actual base for the computation of 6% per
annum legal interest (the prevailing legal interest prescribed under Bangko Sentral ng
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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