then there is a mixed novation because the object of the obligation and the person of the

creditor are changed.

Article 1292. In order that an obligation may be extinguished by another which substitute
the same, it is imperative that it be so declared in unequivocal terms, or that the old and
the new obligations be on every point incompatible with each other.
by: Bryan Glenn Fabiaña

Upang ang pananagutan ay mapawalng bisa ng tao na nagpalit nito, ito ay kailangan na
maipahayag sa malinaw na pamamaraan o kaya ang luma at bagong obligasyon sa lahat ng
punto ay di ayon sa isat isa.

Comment:

This article did not provide for a specific form of effectingnovation. The law however
provides for the essential requisites of novation depending on whether it is express or
implied.

If novation is done in writing, it is imperative that it be declared in unequivocal terms to

avoid any doubt.

And for implied novation to arise it is essential that the old obligation and the new
obligation are incompatible on all material points.

Illustration:

Supposed Ben Executed a promissory note to pay George on March 30, 2019 the amount
of five hundred thousand pesos. However before the arrival of the agreed date of payment
Geroge upon sensing that Ben could not satisfy the obligation on the aforementioned date
approach Ben for the novation of the obligation that instead of paying the said amount. He
should pay it om four equal parts starting from the month of April to July. Ben agreed to
the new obligation.

Under this example it is not properto consider the obligation novated because it does not
alter its essence. He still oblige to pay the exact same amount. for novation to be effectual
the old and new obligations must be incompatible with each other.

Article 1293. Novation which consists in substituting a new debtor in the place of the
original one, may be made even without the knowledge or against the will of the latter, but
not without the consent of the creditor. Payment by the new debtor gives him the rights
mentioned in Articles 1236 and 1237.
By: Janine Gumangol