Back

Romeo C. Garcia Vs. Dionisio V. Llamas.

ROMEO C. GARCIA, petitioner, vs. DIONISIO V. LLAMAS, respondent.

G.R. No. 154127 | 2003-12-08

D E C I S I O N

PANGANIBAN, J.:

Novation cannot be presumed. It must be clearly shown either by the express assent of the parties or by the complete incompatibility between the old and the new agreements. Petitioner herein fails to show either requirement convincingly; hence, the summary judgment holding him liable as a joint and solidary debtor stands.

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, seeking to nullify the November 26, 2001 Decision[2] and the June 26, 2002 Resolution[3] of the Court of Appeals (CA) in CA-GR CV No. 60521. The appellate court disposed as follows:

"UPON THE VIEW WE...