Laureano vs. Kilayco and Lizares de Kilayco
Laureano vs. Kilayco and Lizares de Kilayco
Laureano vs. Kilayco and Lizares de Kilayco
Facts:
Issue:
Held:
Defendants obligated themselves to pay the sum of P10,200 in monthly instalments
of- P500, and obligated themselves, in the event of failure to pay any of the instalments on
the date on which such instalments fell due, to pay interest at the rate of 15 per cent on all
such overdue and unpaid instalments until the date of payment; and, further, in the event
that the plaintiff should be compelled to have recourse to the courts for the recovery of the
money lent, to pay to the plaintiff, by way of indemnification, the sum of P2,000. Held: That
the provisions of the contract for the payment of interest at an increased rate and for the
payment of an indemnity of P2,000 -were penal clauses, as defined by the terms of articles
1152, 1153 and 1154 of the Civil Code.