Novation is made either by changing the object or principal conditions, referred to as an objective or real novation; or by substituting the person of the debtor or subrogating a third person to the rights of the creditor, which is known as subjective or personal novation. In both objective and […]
Howard
1748 posts
The extinguishment of an obligation by the substitution or change of the obligation by a subsequent one which extinguishes or modifies the first is a novation.
G.R. No. 135046 – 371 Phil. 533 – 312 SCRA 611 (110 SCAD 964) – Civil Law – Obligations and Contracts – Interest – Extinction of Obligations; Novation – CB Circular 905In 1978, Spouses Laarni and Florante Bautista, acquired a loan (abt. P100k) from Apex Corp. The spouses executed a […]
In a contract of adhesion, stipulations therein are unilaterally prepared and imposed by a party on a take-it-or-leave-it basis. A contract of adhesion is “as binding as ordinary contracts, the reason being that the party who adheres to the contract is free to reject it entirely. Once agreed upon by […]
G.R. No. 164159 – 554 Phil. 591 – 527 SCRA 727 – Civil Law – Obligations and Contracts – Dacion en Pago – Indebtedness – CB Circular 905 – Interest Rate In 1988, Honorio Bulos, Jr., Atty. Tabalingcos and Dr. Lim incurred a P2.5M loan from Koji Yasuma, a Japanese […]
G.R. No. 147748 – 521 Phil. 549 – 487 SCRA 423 – Mercantile Law – Law on Insurance – Contract of Adhesion – Contract Binds Parties – Pre-Need Plan – when insurance may not pay Visitacion Gaw bought a transferable pre-need plan from Pacific Plans in 1982. The plan provides […]
G.R. No. 123298 – 462 Phil. 172 – 416 SCRA 491 – Criminal Law – Book I – Mitigating Circumstances – Minority as a Defense – No Certificate of Birth Calpito was convicted of murder by the regional trial court. On November 21, 1990, Calpito robbed and killed a […]
Republic of the Philippines Congress of the Philippines Metro Manila 12th Congress Second Regular Session Begun held in Metro Manila on Monday, the Twenty-Second day of July, Two Thousand Two Republic Act No. 9208 May 26, 2003 AN ACT TO INSTITUTE POLICIES TO […]
G.R. No. 158026 – 575 Phil. 498 – 552 SCRA 545 – Civil Law – Credit Transactions – Mortgage – Interest – Penalty Apart from Interest Spouses Armando and Dorie Nicolas bought a parcel of land in Bulacan from Del Nacia via an Agreement. It was agreed that the downpayment […]
G.R. No. 178449 – 590 Phil. 827 – 569 SCRA 814 – Civil Law – Credit Transactions – Mortgage – Period of Redemption In 1974, the company co-owned by Tan, acquired a P250k loan from Metrobank. In 1976, the same company acquired another P150k loan from Metrobank. In 1979, it […]
G.R. No. 113926 – 331 Phil. 787 – 263 SCRA 483 – Civil Law – Credit Transactions – Central Bank Circular No. 905 – Interest Rate – 12% Annum Interest Rate – Legal Rate – When my courts reduce interest rate In 1983, Magtanggol Eusebio acquired 3 separate loans from […]
G.R. No. 151867 – 466 Phil. 226 – 421 SCRA 461 – Civil Law – Persons and Family Relations – Family Code – Article 46 vs Article 36 – Sexual infidelity is not psychological incapacity In 1966, David Dedel and Sharon Corpuz married each other. They had four children […]
G.R. No. L-12790 – 109 Phil. 273 – Civil Law – Persons and Family Relations – Grounds for Annulment of Marriage – Impotency Joel Jimenez and Remedios Cañizares are husband and wife. Joel later filed for annulment on grounds that Remedios is impotent because her genitals were too small […]
G.R. No. 155800 – 519 Phil. 337 – 484 SCRA 353 – Civil Law – Persons and Family Relations – Family Code – Annulment of Marriage – Article 45 (3) distinguished from Psychological Incapacity (Article 36) In 1990, Leonilo Antonio married Marie Ivonne Reyes, who was ten years older […]
G.R. No. 132955 – 536 Phil. 404 – 505 SCRA 564 – Civil Law – Persons and Family Relations – Family Code – Grounds for Annulment of Marriage – Article 45; Fraud, Intimidation, Concealment of Pregnancy In April 1988, Orlando Villanueva married Lilia Canalita before a trial court judge […]
G.R. No. 179620 – 563 SCRA 447 – Civil Law – Persons and Family Relations – Family Code – Grounds for Annulment of Marriage – Article 46; Concealment of Homosexuality Manuel Almelor married Leonida Trinidad in 1989. They are both medical practitioners. They begot 3 children. 11 years later, Leonida […]