in
Obligations and Contracts
(BLWO1)
Case5: Novation
Heirs of Servando Franco vs. Spouses Gonzales
G. R. No. 159709
June 27, 2012
Facts:
Franco and Medel procured loans from Gonzales on three different dates. They failed to pay all
of their debts on their maturity dates. Because of this, they executed a promissory note in July 1986
wherein all of their previous unpaid loans were consolidated. Again, they failed to pay upon maturity,
constraining Gonzales to file a complaint for collection of money against A and B. The court ruled in
Gonzaless favor. However, according to Franco, there was another agreement between him and
Gonzales entered into on February 1992, evidenced by a receipt, which novated the promissory note.
Issue:
Whether or not the February 1992 receipts novated the July 1986 promissory note?
Held:
There was no novation. An obligation to pay a sum of money is not novated by an instrument
that expressly recognizes the old, or changes only the terms of payment, or adds other obligations not
incompatible with the old ones, or the new contract merely supplements the old one. A new contract
that is a mere reiteration, acknowledgment or ratification of the old contract with slight modifications or
alterations as to the cause or object or principal conditions can stand together with the former one, and
there can be no incompatibility between them.