Q.

A is indebted to B in the amount of P2M. When the obligation became due and demandable B delivered to A his car and A accepted it. A month later A sued B for sum of money. Can B interpose the defense of dacion en pago?

A. B can interpose the defense of dacion en pago, because of the acceptance of the object.
B. B can interpose the defense of extinguishment of the obligation by way of novation.
C. B can interpose the defense of novation since the delivery of the car resulted in a change of relationship.
D. B cannot interpose the defense of novation because novation cannot be presumed, it must be expressly agreed upon.
Answer» D. B cannot interpose the defense of novation because novation cannot be presumed, it must be expressly agreed upon.
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