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Under Republic Act 10607, which amends the Insurance Code of the Philippines, fire insurance refers to a contract of indemnity that provides coverage for loss or damage to property caused by fire. (Section 169, Insurance Code)


For purposes of indemnification, the valuation of the property insured, often equivalent to the amount of the outstanding loan, determines the insurer’s liability in the event of a covered peril. (Section 173, Ibid.) Accordingly, in the event of fire, the insurer is bound to indemnify the insured based on the said valuation.


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Mortgage Redemption Insurance (MRI), on the other hand, is a form of life insurance designed to protect both the mortgagee (lender) and the mortgagor (borrower) in the event of the latter’s untimely death or total and permanent disability within the term of the mortgage loan.


The proceeds of the MRI policy are applied to extinguish the outstanding mortgage obligation, releasing the heirs of the borrower from any liability.


The primary objective of an MRI is to ensure that the mortgage loan will be fully paid in case of the borrower’s death or total and permanent disability.


It is a common practice for banks to require both MRI and fire insurance when granting a home loan. In the event of the borrower’s death, the existence of an MRI coverage prevents foreclosure proceedings, affording the borrower’s family or the latter’s heirs financial security during a period of loss.


The designated beneficiary of an MRI is generally the bank or lending institution, thereby ensuring that any insurance proceeds are directly applied to satisfy the unpaid loan obligation in accordance with the terms of the mortgage contract.


Alternatively, fire insurance serves to indemnify the policyholder in the event of loss or damage caused by fire. A standard fire insurance policy typically includes the cost of repairing or rebuilding damaged structures. However, in the context of a home loan, the application of fire insurance differs.


In the event the mortgaged property is damaged or destroyed, the insurance proceeds shall be applied primarily to the outstanding loan balance, thereby safeguarding the interest of the mortgagee and ensuring that no financial loss is sustained by the lender.


With respect to the premium, the amount and terms of payment shall be governed by the provisions stipulated in the loan agreement and insurance policy.


It is a prevailing practice among banks to bundle the mortgage loan together with the fire insurance and MRI premiums, the total amount being payable either on an annual or monthly basis, depending on the agreed terms.


Source: Manila Times



 
 
 

While the parties to a loan agreement may freely agree on the interest rate that applies to their transaction, any imposition of interest rate must always be reasonable and fair.


In fact, the Supreme Court ruled that even the willingness of the debtor to assume an exorbitant and unconscionable interest rate does not validate the agreed rate as legally binding and enforceable. This principle was clearly explained in the case of Spouses Castro v. Tan [GR 168940, Nov. 24, 2009], penned by Associate Justice Mariano del Castillo, which states:


“The imposition of an unconscionable rate of interest on a money debt, even if knowingly and voluntarily assumed, is immoral and unjust. It is tantamount to a repugnant spoliation and an iniquitous deprivation of property, repulsive to the common sense of man. It has no support in law, in principles of justice, or in the human conscience nor is there any reason whatsoever which may justify such imposition as righteous and as one that may be sustained within the sphere of public or private morals.”


Relative thereto, any loan agreement stipulating a grossly excessive interest rate is contrary to morals, and therefore void from the beginning, in consonance with Article 1409 of the New Civil Code of the Philippines.


Moreover, to prevent lenders from exploiting borrowers with oppressive rates of interest, the courts are granted the power to reduce unjust or unconscionable contractual interest rates, pursuant to Article 1229 of the said Code, which provides:


“Art. 1229. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable.”


With the foregoing, any debtor who enters into a loan agreement with an excessive interest rate may seek judicial relief to declare the interest void and unenforceable, or to reduce it to a fair and reasonable rate as warranted by the circumstances.


In this regard, one may, therefore, file a civil suit through the courts, either for the annulment of the interest rate in your loan agreement or the reformation of the instrument to fix the appropriate interest rate.


Source: Manila Times

 
 
 
  • Writer: Ziggurat Realestatecorp
    Ziggurat Realestatecorp
  • Oct 28
  • 3 min read

Debt or “utang” is not just a financial tool anymore. It is the lifeline that keeps many Filipino families afloat. With consumer spending making up about 70 percent of the economy, every peso that is spent keeps the economy moving.


When households keep buying, businesses do well but when they cut back, growth slows down. The tougher reality is that a lot of this spending is sustained by utang, drawn from savings, credit cards or loans simply to keep everyday life moving.


Behavioral finance explains that this behavior is rooted in a concept called present bias, which is the tendency to put more weight on immediate rewards than on future costs.


In the late 1990s, psychologists David Laibson of Harvard University and Ted O’Donoghue of Cornell University published an influential study that revealed how people often choose short-term satisfaction, such as spending or borrowing today, even when it leads to bigger problems later.


This bias explains why households continue to spend, even when incomes fall short, interest rates rise or debt levels grow. The pleasure of maintaining a lifestyle today feels more tangible than the burden of repaying loans tomorrow.


Extension of income


Combined with easy access to credit cards, installment plans and digital lending apps, present bias makes utang feel less like a burden and more like a convenient extension of income.


Recent data on the marginal propensity to consume (MPC) highlight this behavior. Before the pandemic, Filipino households typically spent 58.6 percent of their income in the first quarter, then pulled back midyear, before a sharp surge to nearly 70 percent during the Christmas season. Spending followed a familiar rhythm: spend, save, then splurge at year-end.


Since 2022, however, the pattern has changed dramatically. The first quarter spending rate has dropped to 54.4 percent, while the second and third quarters turned negative at -16 percent and -141.2 percent, respectively.


This means households are not only cutting back but also financing spending by dipping into savings or accumulating debt. Even the usual year-end rebound is weaker, with spending in the fourth quarter at just 61 percent, below prepandemic highs.


A negative MPC is a red flag. It signals that many households are keeping up their spending not with income, but with credit. This is present bias at work. Rather than cutting back, families choose to borrow so they can maintain the same lifestyle, even if it means pushing the real cost further into the future.


When incomes stagnate…


There is only so much households can borrow to keep spending at the same pace. Families stretch themselves to maintain their lifestyles, even when incomes stagnate and inflation eats into budgets. When borrowing fills the gap, the economy may still look steady but once the financial pressure builds, momentum may eventually weaken.


This slowdown is already showing in the data. In the first quarter of 2024, household spending grew by 8.3 percent compared to 2023, but in the first quarter of 2025 the pace slowed to 7.7 percent.


The second quarter tells the same story. Spending grew by 8.9 percent in 2024, but slipped to 6.8 percent in 2025. Taken together, total household spending in the first half of 2025 grew by 7.2 percent, down from 8.6 percent in the same period of 2024. The trend is clear. Growth is losing steam, and with much of consumption propped up by debt, the risks of a sharper slowdown ahead are rising.


Why does borrowing feel so normal? Because it has become part of everyday life. Taking on debt is seen as a practical choice. Credit cards, “buy now, pay later” apps and installment plans make it easy, while social pressures make it hard to say no.


Present bias then blinds households to the consequences. A family that borrows P20,000 at 3-percent monthly interest may end up repaying almost P30,000 in a year.


That money could have gone into savings or investments, but instead it locks them into repayment cycles.


Break the bad cycle


Breaking free from the psychology of utang takes both awareness and discipline.


Families need to recognize that spending habits are not just cultural but also behavioral.


One way to break the cycle is to reframe the question. Instead of asking, “Can I afford the monthly payment?” ask, “What will this really cost me a year from now?” That small shift can turn the focus from short-term comfort to long-term impact.


Debt can keep the economy afloat for a while, but over time it leaves households and businesses weaker. Real resilience comes when families move away from utang-driven spending and focus instead on saving and sustainable consumption.


In the end, stability doesn’t come from borrowing just to look secure, but from building financial strength that lasts.


Source: Inquirer

 
 
 

© Copyright 2018 by Ziggurat Real Estate Corp. All Rights Reserved.

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