This case has been cited 1 times or more.
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2006-06-30 |
AZCUNA, J. |
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| The government, however, is bound by basic principles of fairness and decency under the due process clause of the Bill of Rights. Presidential Decree No. 385 does not provide the government blanket authority to unqualifiedly impose the mandatory provisions of the decree without due regard to the constitutional rights of the borrowers. In fact, it is required that a hearing first be conducted to determine whether or not 20% of the outstanding arrearages has been paid, as a prerequisite for the issuance of a temporary restraining order or a writ of preliminary injunction. Hence, the trial court can, on the basis of the evidence then in its possession, make a provisional determination on the matter of the actual existence of the arrearages and the amount on which the 20% requirement is to be computed. Consequently, Presidential Decree No. 385 cannot be invoked where the extent of the loan actually received by the borrower is still to be determined.[67] | |||||