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Novation
DORMITORIO v FERNANDEZ
ACTIVE subject (obligee or
creditor)
Municipality of Victorias
PASSIVE subject (obligor or
debtor)
Serafin Lazalita (bought 7
December 1948)
And ALSO
ISSUE
Whether
DOCTRINE
A final and executor judgment of a
trial court may be novated by
subsequent agreement of the parties
REYES v CA
FAST FACTS:
DOCTRINE
ACTIVE subject (obligee or
creditor)
PASSIVE subject (obligor or
debtor)
OBJECT or PRESTATION
EFFICIENT CAUSE (vinculum
or juridical tie)
ISSUE
Whether
DOCTRINE
ACTIVE subject (obligee or
creditor)
DOCTRINE
OBJECT or PRESTATION
debtor)
OBJECT or PRESTATION
OBJECT or PRESTATION
EFFICIENT CAUSE (vinculum
or juridical tie)
ISSUE
Whether
ISSUE
Whether
DOCTRINE
ACTIVE subject (obligee or
creditor)
OBJECT or PRESTATION
OBJECT or PRESTATION
ISSUE
Whether
ISSUE
Whether
DOCTRINE
DOCTRINE
GARCIA v LLAMAS
FAST FACTS: De Jesus issued check to pay for the loan entered
into by him and petitioner, but it bounced upon it presentment.
Respondent addressed a demand letter to petitioner Garcia and
de Jesus. Petitioner Garcia avers that he merely signed as an
accommodation party to the promissory note, and that, as such,
he was released as obligor when respondent agreed to extend the
QUINTO v PEOPLE
FAST FACTS: Quinto received in trust jewelries from Cariaga for
the purpose of selling the same on commission basis with express
obligation on the part of the accused to turn over the proceeds of
sale thereof, or to return the jewelries, if not sold, five days after
receipt thereof. Cariaga consented to receive payment on
installments directly from buyeres
The accused, with intent to gain, grave abused of confident and to
defraud Cariaga, misapply and convert to her own personal use
and benefit the said jewelries and the proceeds of sale. Contract
was novated thus there is not liability to pay and estafa DENIED.
DOCTRINE
ACTIVE subject (obligee or
Extinctive or modificatory?
creditor)
Aurelia Cariaga
Expressed (incontrovertibly disclosed) or
PASSIVE subject (obligor or
implied (test of incompatibility/:
debtor)
irreconcilable incompatibility in any of the
Leonida Quinto y Calayan
essential elements of an obligation)?
OBJECT or PRESTATION
Jewelries (P36,000)
EFFICIENT CAUSE (vinculum
or juridical tie)
Trust; receipt (Ex. A): Akoy
hindi pinahihintulutang
ipagbili ito ang mga ito ng
Pautang
ISSUE
Whether the agreement
between the petitioner
and Cariaga was
effectively novated when
the latter consented to
receive payment on
installments directly from
(buyers) Mrs. Camacho
and Mrs. Ramos? None
Whether there is estafa?
Yes
Wherefore
CA decision AFFIRMED
MODIFIED penalty
LICAROS v GATMAITAN
FAST FACTS: DENIED.
DOCTRINE
ACTIVE subject (obligee or
creditor)
PASSIVE subject (obligor or
debtor)
OBJECT or PRESTATION
creditor)
ISSUE
Whether
OBJECT or PRESTATION
EFFICIENT CAUSE (vinculum
or juridical tie)
ISSUE
Whether