Wednesday, January 27, 2016

Anamer Salazar vs. J.Y. Brothers Marketing Corporation [GR No. 171998, October 20, 2010]


In this case, respondent's acceptance of the Solid Bank check, which replaced the dishonored Prudential Bank check, did not result to novation as there was no express agreement to establish that petitioner was already discharged from liability to pay respondent the amount of Php214,000.00 as payment for the 300 bags of rice. As we said, novation is never presumed, there must be an express intention to novate. In fact, when the Solid Bank check was delivered to respondent, the same was also indorsed by petitioner which shows petitioner's recognition of the existing obligation to respondent to pay Php214,000.00 subject of the replaced Prudential Bank check.

Moreover, respondent's acceptance of the Solid Bank check did not result to any incompatibility, since the two checks – Prudential and Solid Bank checks – were precisely for the purpose of paying the amount of Php214,000.00, i.e., the credit obtained from the purchase of the 300 bags of rice from respondent. Indeed, there was no substantial change in the object or principal condition of the obligation of petitioner as the indorser of the check to pay the amount of Php214,000.00. It would appear that respondent accepted the Solid Bank check to give petitioner the chance to pay her obligation.




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