Obligations may be modified by:
- Changing their object or principal conditions;
- Substituting the person of the debtor;
- Subrogating a third person in the rights of the creditor.
Ang obligasyon ay maaring mabago ng:
- Pagbabago ng bagay o ng pangunahing kondisyon;
- Paglilipat ng tao ng nangutang;
- Pagpapalit ng ikatatlong tao sa karapatan ng nagutang.
Discussion:
Kinds of Novation
A . As to their essence:
1. Objective or Real novation – effected by changing the object or principal conditions of the obligation.
2. Subjective or Personal novation – effected by:
a. Objective or Real novation – effected by changing the object or principal conditions of the obligation.
b. Subjective or Personal novation – effected by:
b1. Substituting the person of the debtor (passive novation) or
b2. Subrogating a third person to the rights of the creditor. (active novation)
3. Mixed novation – arises when there is a combination of the objective and subjective novations.
B. As to the form of their constitution:
1. Express- when the parties declared in unequivocal terms that the old obligation is extinguished by the new obligation.
2. Implied – when there are no express declaration that the old obligation is extinguished by the new one.
C. As to the extent of their effects:
1. Total or Extinctive – when the original obligation is completely extinguished. There is no novation when the new contract is not between the same parties as in the old contract.
Four (4) requisites of Extinctive Novation
1. The existence of a previous valid obligation;
2. The agreement of all the parties to the new contract;
3. The extinguishment of the old obligation or contract; and,
4. The validity of new one.
2. Partial or Modificatory – when the original obligation is not totally extinguished but merely modified.
D. As to their origin:
1. Legal Novation – takes place by operation of law.
2. Conventional Novation – takes place by agreement of the parties.
E. As to presence or absence of condition:
1. Pure – when the creation of new obligation is not subject to any condition.
2. Conditional – when the creation of new obligation is subject to a condition.
Case Illustration: Carlos Sandico,Sr. and Teopisto Timbol vs. The Honorable Minerva Inocencio Piguing and Desiderio Paras