Professional Documents
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Case Name: Heirs of Servando Franco vs. Spouses Veronica and Danilo Gonzales
G.R. No.: G.R. No. 159709
Date: June 27, 2012
Petitioner: Heirs of Servando Franco
Respondents: Spouses Veronica and Danilo Gonzales
FACTS:
Defendants Servando Franco and Leticia Mendel obtained loans from Veronica Gonzales
for the latter was engaged in the business of financing under the company Gonzales
Credit
Enterprises. There were three loans which the Servando and Leticia secured with the
respondent,
which was not paid on maturity. The third loan was secured by a property was owned
by one
Leticia Makalintal Yapintchay, who issued a special power of attorney in favor of
Leticia Medel,
authorizing her to execute the mortgage. The fourth loan was engaged with Dr.
Rafael Mendel,
the husband of Leticia Mendel of P 60,000 by executing a promissory note which
consolidates
the other previous loans which totals to P 500,000.
Upon maturity of the new promissory note, the defendants failed to pay their
obligation.
So, the plaintiffs filed a complaint for the collection of the full amount of the
loan, plus interests
and other charges. Servando contended that he did not obtain any loan from the
respondents, he
was not benefited from its proceed and he signed the promissory note as a witness.
With the various appeals and motion for reconsideration with the RTC and CA, it was
decided that the parties should be liable for the loans. Servando opposed that he
and the
respondents had agreed to fix the entire obligation at P775,000.00. According to
Servando, their
agreement, which was allegedly embodied in a receipt dated February 5, 1992,
whereby he made
an initial payment of P400,000.00 and promised to pay the balance of P375,000.00 on
February
29, 1992, superseded the July 23, 1986 promissory note. But the RTC ruled over
Servandos
opposition and moved to the execution of the judgment for it is final and
executory. Then,
Servandos heirs, on account of his intervening death, appealed that there was
novation is the
judgment that transpired upon the decision of the court on December 9, 1991 and
February 5,
1992.
ISSUE: Whether or not there is novation between the judgments rendered by the
courts?
HELD:
No, the court rule that there is no novation when there is no irreconcilable
incompatibility
between the old and the new obligations. There is no novation in case of only
slight
modifications; hence, the old obligation prevails. Extinguishment of the old
obligation is an
necessary element for novation and the new one will arise from such.