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Question 4
4. In 2017, Maloi leased her real property to Sheena for a period of 10 years
with rental escalation clause which reads: “For the first five years, the
rental rate shall be PHP 10,000.00 per month subject to 10% increase for
the succeeding years.” In 2020, Sheena assigned to Colet her rights and
obligations under the contract of lease. Colet then paid the agreed rentals
to Maloi. In 2023, Colet paid PHP 10,000.00 monthly rent through
postdated checks but were dishonored for having been drawn against a
closed account. Maloi charged Colet with the crime of estafa. On the other
hand, Maloi demanded from Sheena the unpaid rentals and stipulated
increase in rent but was refused. Sheena denied liability and argued that
her obligation was already extinguished when Colet substituted her as
lessee. Sheena added that Maloi accepted rental payments from
Colet. Did novation extinguish Sheena’s obligation under the contract
of lease? Explain.
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