ii. Expromisión vs. Delegación

Expromisión vs. Delegación

Expromisión and delegación are forms of substitution of debtor. In either form, the creditor’s consent is indispensable because a change of debtor may affect fulfilment of the obligation, as held in Bank of the Philippine Islands v. Domingo, G.R. No. 169407, 25 March 2015. ¹ A court must therefore find proof of the creditor’s conformity before holding that the substitution took effect. ¹

Neither form of novation is presumed: the parties must expressly agree to extinguish the old obligation, or their acts must clearly show that intent. Food Fest Land, Inc. v. Siapno, G.R. No. 226088, 27 February 2019. ² Substitution of debtor also requires the old debtor’s express release; without it, the incoming obligor is only a co-debtor or surety, and the original debtor remains liable. ²