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Banco Filipino Savings & Mortgage Bank vs. Judge Navarro

BANCO FILIPINO SAVINGS AND MORTGAGE BANK, petitioner, vs. HON. MIGUEL NAVARRO, Presiding Judge, Court of First Instance of Manila, Branch XXXI and FLORANTE DEL VALLE, respondents.

G.R. No. L-46591 | 1987-07-28

D E C I S I O N 

MELENCIO-HERRERA, J.: 

This is a Petition to review on certiorari the Decision of respondent Court, the dispositive portion of which decrees: 

"WHEREFORE, the Court finds that the enforcement of the escalation clause retroactively before the lapse of the 15-year period stated in the promissory note is contrary to Sec. 3 of Presidential Decree No. 116 and Sec. 109 of Republic Act No. 265, and hereby declares null and void the said escalation clause. The respondent Banco Filipino Savings and Mortgage Bank is hereby ordered to desist from enforcing the increased rate of interest on petitioner's loan.

"SO...