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Question 22

2022 Bar · Civil Law · 1 sub-question

10. Laica and Jessica, who are best friends, are both engaged in moneylending at predatory interest rates. Running out of funds, Laica borrows Php 2,000,000.00 from 6 of 7 Jessica for two months at a monthly interest rate of 10%. Jessica releases the borrowed amount after Laica signs a promissory note. Laica then relends to Monica the borrowed amount of Php 2,000,000.00 for two months, at an interest rate of 30%. After two months, Laica fails to pay Jessica, prompting Jessica to file a collection suit against the former, for the Php 2,000,000.00 principal and 10% interest per month pursuant to their agreement. Laica counters that the monthly interest rate of 10% is exorbitant and should be reduced to the legal rate of interest at 6% per annum. Which between the positions of Laica and Jessica is tenable? Explain briefly. (5 points)

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