Novation by substitution of debtor MUST be made with creditor's consent

Just like in the first questioned resolution, no novation took place in this case. A thorough examination of the records shows that no hard evidence was presented which would expressly and unequivocably demonstrate the intention of respondent AFP-MBAI to release petitioner from her obligation to pay under the contract of sale of securities. It is a rule that novation by substitution of debtor must always be made with the consent of the creditor pursuant to Article 1293 of the Civil Code. [G.R. No. 120817. November 4, 1996]