Kaso sa mga nagpapautang at nangungutang

Joy Legazpi
is a OFW housemaid in the Philippines

May problem po ako. Nangutang po kasi ako sa tao lang, una 10k lang po. Nung wala ako pangbayad, pina renew nya ako para matubuan ung utang ko. Then 3-4 months po ulit naulit ung pagrenew para mabayaran ung tubo. Ngayon 40k po. Nung October po naging 69 thousand po sya. Yung 40k ung kabuuan ng utang then ung 29k ung tubo daw po ng 3 months kong hindi nakabayad ng tubo. Ngayon po simula November po nagbabayad ako ng 8 thousand para sa tubo po ng 40k and ung 29 thousand freeze lang po sya. Nung December po nagbayad ako ng 9k para mabawasan ung 29k. Simula November, February, March and April, 8 thousand po lagi binabayaran ko. Sa tubo lang po yun. Hindi po nababawasan ung utang 40k+20k=60thousand parin po. Maaari po ba akong umaksyon? Wala pong kontrata na pinirmahan. Sa Pilipinas po ito naganap. Sana po matulungan nyo po ako. Maraming salamat po!


Translation: I borrowed money from someone. At first, it was 10 thousand pesos. When I was not able to repay, the loan was renewed so that extra charges/interest can be applied. Then after 3-4 months, the loan was renewed so that there would be additional interest charges. Now the loan has become 40 thousand. Last October, it became 69 thousand. The total loan amount was 40 thousand, and the 29 thousand is for the interest charges, because the person who loaned me said that I was not able to pay for 3 months.

Now last November, I paid 8 thousand for the 40 thousand pesos principal, and the 29 thousand peso interest is frozen. Starting November, February, March and April, I pay 8 thousand pesos monthly. That is just for the interest. The loan principal has not been deducted, so it is still 40 thousand + 20 thousand = 60 thousand pesos. We did not sign any contract, and this happened in the Philippines. What action could be taken?


 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
You can always go to court -- no one will stop you. Ang original na 10k debt ay naging 69k na in a matter of how many months? That means that either nadagdagan ang principal (kaya ng naging 40k) at ang interest ay 29k. How much interest and penalties were you charged? Kasi, ang legal rate of interest ay 12 percent per annum lang -- that means 1% per month lang. So, medyo malaki ang interest na ipinataw sa iyo.
Pabor nga sa iyo, actually, na wala kayong kasulatan (unless you surrendered to the lender some item of personal value like your ATM or some other valuable item). Dapat kasi, kung malaking pera, may kasulatan kayo.
You can go to the Lupong Tagapamayapa of the lender's barangay ang ask that the lender accept the payment you make based upon the legal interest or, you can stop paying and wait for the lender to sue you -- of course, kung wala kayong kasulatan whatsoever, mahihirapan siyang i-prove ang inyong kasunduan.

Please consult a lawyer. I cannot really give you advise over the internet as I cannot ask you questions that will help me evaluate the facts of your case.
Joy Legazpi
is a OFW housemaid in the Philippines
Nakapag usap na po kami atty, sa bahay po nila. Pinag-sisigawan nya po ako at pinag tataasan ng boses. Ang sabi nya eh hindi naman daw sya maglalabas ng ganung kalakaing pera kung hindi ko raw kailangan. Halos puro renew nga po ang karamihan sa utang na yun. Ngayon po ang sinabi nya ay bigyan ko daw sya ng 10k every month ng matapos na. Maraming salamat po atty sa inyong tulong.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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