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6.2. Novation does not apply to the instant case. A substitution of debtor was
made without its consent; thus, it was not bound to recognize the
substitution under the rules on novation. Art. 1293 of the Civil Code states:
Novation which consists in substituting a new debtor in the place of the
original one, may be made even without the knowledge or against the will
of the latter, but not without the consent of the creditor. Payment by the
new debtor gives him rights mentioned in articles 1236 and 1237.
VII. ISSUES
7.1. Whether or not the Defendant failed to comply with her loan obligation when it
falls due;
7.2. Whether or not the Defendant is liable to any and all damages contemplated
in its Complaint.
VIII. AVAILABLE TRIAL DATES
August 15, 2016, August 30, 2016 and September 15, 2016.
RESPECTFULLY SUBMITTED.
Paranaque City, Philippines, July 15, 2016.
MANATO MANALO MARCELO LAW OFFICE
COUNSEL FOR THE PLAINTIFF
4th Floor, 123 Building, Multinational Village
Paranaque City, Philippines
By:
MARIZ SANTOS
IBP # 605482 1/8/11 Paranaque City
PTR # 0417576 1/8/11 Pasig City
ROA 30724
MCLE Compliance No. II 01-23455
Copy Furnished:
By Personal Service
Atty. Miguel Laserna
LASERNA CUEVAS-MERCADO LAW OFFICES