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Question
A bank holds a loan of 7,600,000 PHP secured by a mortgage on a parcel of land titled in Orion Realty Corp. The principal debtor, Mr. Rafael Cruz, is in default. His cousin, Ms. Lani Cruz, offers to pay the debt and the bank accepts her as the new debtor, releasing Rafael from liability. (a) Identify whether the form illustrated is expromision or delegacion distinguida, and justify your answer. (b) State the controlling rule and describe the effect on Rafael's liability and on the bank's rights. (c) If the bank had consented to Lani's payment but did not release Rafael, what form is that and what are the consequences for Rafael and Lani?