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Question 4

2024 Bar · Civil Law · 1 sub-question

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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