Requisites of delegacion:

1. Substitution is upon the initiative or proposal of the old debtor himself by proposing to
the creditor the entry of another (third person) as the new debtor who will replace him in
payment of the obligation;
2. The creditor accepts, and the new debtor agrees to the proposal of the old debtor; and
3. The old debtor is released from the obligation with the consent of the creditor.
Requisites of expromission:
1. Substitution is upon the initiative or proposal of a third person who will step into the
shoes of the debtor;
2. Creditor must give his consent to the proposal of the third person; and
3. Old debtor must be released from the obligation with the consent of the creditor.

effective of novation
1. Extinguishment of principal also extinguishes the accessory, except:
a. Mortgagor, pledgor, surety, or guarantor agrees to be bound by the new obligation
b. The stipulation made in favor of a third person such as stipulation pours atrui unless the
beneficiary consents to the novation.
2. If the old obligation is:
a. Void – Novation is void (NCC, Art. 1298)
For The example, M agreed to give a new cellphone to N. Later on, it was agreed that M
would pay N P10,000 instead of giving a new cellphone
The novation is void because the original obligation is void.
b. Voidable – Novation is valid provided that the annulment may be claimed only by the
debtor or when ratification validates acts (NCC, Art. 1298).
suppose N was induced through fraud committed by M to sign a contract N obliged himself
to give a house to M. Subsequently, it was agreed between N and M that N would give M
4,000,000 instead of the house.
the original obligation of N is voidable. but as it has not yet been annulled at the instance of
N, the second contract is valid
c. If the old obligation was subject to a suspensive or resolutory condition, the new
obligation shall be under the same condition, unless it is otherwise stipulated. (NCC, Art.
1299).
A binds herself to deliver the car to B if B passes the board exam. but this obligation was
suspensive because of the pandemic.
Subsequently, it was agreed between A and B that she will be given another chance to take a
board exam.
In this case, The new obligation is under the same condition.

3. If old obligation is conditional and the new obligation is pure:  

a. If resolutory and it occurred – Old obligation already extinguished; no new obligation since
nothing to novate.
b. If suspensive and it did not occur – It is as if there is no obligation; thus, there is nothing
to novate.
N promise to give a house to M, If M pass the board exam. Subsequently, it was agreed
between N and M that N would give P400,000 to M instead of the house, even he does not
pass the board exam.
If N gives P400,000 to M, the old obligation already extinguished; no new obligation since
nothing to novate.
but If N did not give P400,000 to M, It is as if there is no obligation; thus, there is nothing to
novate.
4. If the new obligation is:
a. Void – Original one shall subsist, unless the parties intended that the former relation
should be extinguished in any event (NCC, Art. 1297).
For example, A is indebted to B in the amount of P100, 000. Since A cannot pay his debt, A
and B entered into a new contract whereby A works at the house of B for about 2years, and
the latter will consider A debt extinguished.
b. Voidable – Novation can take place, except when such a new obligation is annulled. In
such a case, the old obligation shall subsist.
N was induced through fraud committed by M to sign a contract N obliged himself to give a
house to M. Subsequently, it was agreed between N and M that N would give M 4,000,000
instead of the house.
Novation takes place, In such a case, the old obligation shall subsist.
c. Pure obligation – Conditions of old obligation deemed attached to the new, unless
otherwise stipulated (Tolentino, 1999).
d. Conditional Obligation:
i. If resolutory – Valid until the happening of the condition (NCC, Art. 1181).
ii. If suspensive and did not materialize – No novation, old obligation is enforced. (NCC, Art.
1181).
A binds herself to deliver the car to B, if B passes the board exam.
If B passed the board exam, the obligation is already extinguished; no new obligation since
nothing to novate.
If B did not pass the board exam,, there is no obligation to A; thus, there is nothing to
novate.