Effect of Novation to BP22

Anent the petitioner’s contention that novation had extinguished his criminal liability for violation of B.P. 22, we likewise find the same utterly specious. The petitioner ought to be reminded that novation is not a mode of extinguishing criminal liability. As astutely opined by the CA, novation may only prevent the rise of criminal liability if it occurs prior to the filing of the Information in court. In other words, novation does not extinguish criminal liability but may only prevent its rise (Edgardo Medalla Vs. Resurreccion D. Laxa, G.R. No. 193362. January 18, 2012).