Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Medium

Practice question

A loan amendment changes only the payment venue, expressly retains the existing debt and security, and introduces no incompatible duty. Does the new document alone establish extinctive novation?
  1. Yes, every later document replaces the whole obligation.
  2. No, its compatible terms and express preservation do not establish extinction of the original debt.
  3. Yes, a change of venue always cancels security.
  4. Yes, a document entitled amendment necessarily means complete replacement.
  5. No, because obligations can never be modified.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1291–1292 and 1296–1299.
  • https://lawphil.net/judjuris/juri2024/aug2024/gr_217368_2024.html — Ruby Shelter Builders and Realty Development Corporation v Tan, GR 217368, August 5 2024, main opinion: extinctive novation is not presumed.

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