SEC strictly implements interest rate caps

SEC strictly implements interest rate caps | Daily Tribune

The rapid digitization of financial services has transformed the way Filipinos borrow money. With the rise of online lending platforms (OLP) operated by financing and lending companies (FC and LC), small-value loans have become more accessible than ever.

This development has significant economic value in a country where 99.5 percent of all businesses are micro, small, and medium enterprises (MSMEs) and where half of the adult population remains unbanked. OLPs provide vital access to credit that supports entrepreneurship, consumption, and financial inclusion.

But with this accessibility comes the heightened risk of abusive lending practices, particularly for low-income, unbanked, and underserved borrowers. In 2021, the Bangko Sentral ng Pilipinas (BSP) issued Circular 1133 which imposed ceilings on interest rates and fees charged by FCs, LCs, and their OLPs. The regulation seeks to strike a balance between consumer protection and financial inclusion in the digital era.

Under BSP Circular 1133, loans that do not exceed P10,000 and with a tenor of up to four months are subject to strict limits:

1. Nominal interest rate cap: 6 percent per month.

2. Effective interest rate cap: 15 percent per month, inclusive of all fees such as processing, service, verification, and notarial charges, but excluding penalties for late or non-payment.

3. Penalty cap: 5 percent per month on the outstanding scheduled amount due.

4. Total cost cap: 100 percent of the total amount borrowed, regardless of how long the loan has been outstanding.

These ceilings are particularly significant for short-term, high-cost consumer credit — the type most commonly availed of by daily wage earners and micro-entrepreneurs who often fall outside the reach of traditional banks. Without regulation, some borrowers previously faced crushing repayment burdens, with effective interest rates soaring to triple digits annually.

To ensure enforcement, the Securities and Exchange Commission (SEC) issued Memorandum Circular 3 in 2022 which operationalized the BSP’s rules and directed all registered FCs, LCs, and OLPs to comply. Companies that fail to comply with the prescribed interest rate ceilings are issued show cause letters, and if they continue to defy regulations, the SEC may impose penalties, including the revocation of their Certificates of Authority to operate.

The SEC wields broader authority under the Financial Products and Services Consumer Protection Act (RA 11765). This law explicitly empowers the SEC to determine the reasonableness of interest charges or fees that a financial service provider may demand, collect, or receive for any service or product offered to a financial consumer.

Pursuant to this power, the SEC is currently studying the possibility of lowering the existing interest rate cap. The charges imposed by some lenders remain inequitable and unconscionable, trapping vulnerable borrowers in cycles of debt rather than providing genuine financial relief.

The introduction of interest rate caps protects borrowers from predatory lending, ensuring that those most in need are not trapped in cycles of unmanageable debt. The SEC’s proactive use of its consumer protection powers signals the government’s intent to prioritize fairness in the digital economy.

As OLPs continue to proliferate, and as more Filipinos rely on technology for financial services, the balance between financial inclusion and fair lending practices will remain a central policy issue.

Interest rate caps are not just about percentages and fees, they are about safeguarding trust in the financial system and ensuring that access to credit becomes a tool for empowerment and economic growth, not the exploitation of those in need of credit.