Section 4 Joint and Solidary Obligations

ART. 1207.
The concurrence of two or more
creditors or of two or more debtors in one and the same
obligation does not imply that each one of the former
has a right to demand, or that each one of the latter is
bound to render, entire compliance with the prestation.
There is a solidary liability only when the obligation
requires solidarity. (1137a)

ART. 1208.
If from the law, or the nature or the
wording of the obligations to which the preceding article
refers the contrary does not appear, the credit or debt
shall be presumed to be divided into as many equal
shares as there are creditors or debtors, the credits or
debts being considered distinct from one another,
subject to the Rules of Court governing the multiplicity of
suits. (1138a)

Joint Obligation
It is an obligation where there is a concurrence
of two or more debtors or two or more creditors or of
several debtors and creditors, by virtue of which
each of the debtors is liable for a proportionate part
of the credit.

Example of different instances

1)

2)

3)

A, B, and C borrowed P9, 000 to D. The presumption is

that A, B and C are jointly liable. D can demand only
P3, 000 from each or a total of P9, 000.
A borrowed from B, C and D P9, 000. There is one debtor
and three creditors. Each creditor can demand only P3,
000 from A.
A and B are liable to C and D for P9, 000. There are two
debtors and two creditors. Each creditor can demand
only P4, 500 from each debtor.

SOLIDARY OBLIGATION
There are solidary liability when
1)

The obligation expressly so states, or

2)

The law requires solidarity or

3)

The nature of the obligation requires solidarity.

Kinds of Solidary Obligation

Passive solidarity on the part of the debtors, where anyone
of them can be made liable for the fulfillment of the entire
obligation.

1.

Example A and B are solidary debtors of C in the amount of P

10, 000

Active solidarity on the part of the creditors, where anyone

of them can demand the fulfillment of the entire obligation.

2.

Example A is liable to B and C for the amount of P10, 000. B

and C are solidary creditors.

Mixed Solidarity solidarity on the part of the debtors and

creditors where each one of the debtors is liable to render
and each one of the creditors has a right to demand, entire
compliance with the obligation.

3.

Example A and B are solidarity debtors to C and D, solidary

creditors in the amount of P 10, 000.

Solidarity not presumed

The presumption, where there are two or more persons in the

same obligation, is that it is joint. The reason is that solidary
obligations are very burdensome for they create unusual rights
and liabilities. Solidarity between debtors increases their
responsibility while solidarity between creditors presuming that
they are bound jointly and not solidarily.

ART. 1209. If the division is impossible, the right of the

creditors may be prejudiced only by their collective acts, and
the debt can be enforced only by proceeding against all the
debtors. If one of the latter should be insolvent, the others shall
not be liable for his share.

Indivisible Joint Obligation

The object is indivisible and the T/E between the parties are
merely proportionately liable.

Example
A and B are jointly liable to give C a particular car. The obligation
is joint but since the object is indivisible, the creditor must proceed
against al the joint debtor. If any of the joint debtors be insolvent,
the others shall not be liable for others.

ART. 1210. The indivisibility of an obligation does not

necessarily give rise t solidarity. Nor does solidarity of
itself imply indivisibility. (n)

Indivisibility as Distinguished from Solidarity

Indivisibility refers to the subject matter while
solidarity refers to the Tie between the parties.

Examples:
1.

Joint divisible obligation A and B are jointly liable to C for

P10, 000.

2.

Joint indivisible obligation A and B are jointly liable to

give C their car.

3.

Solidary divisible obligation A and B are solidarily liable to

give C P10, 000.

4.

Solidary indivisible obligation A and B are solidarily liable

to give C their car.

ART. 1211. Solidarity may exist although the creditors

and the debtors may not be bound in the same manner
and by the same periods and conditions.
The solidary character of the obligation is not
destroyed even if the creditors and debtors are bound
by different terms and conditions. The solidarity is still
preserved by recognizing in the creditor the power of
claiming from any or all debtors the payment of the
entire obligation.

Example:
A and B solidarily bound themselves to pay a total of P10,
000 to C, and D and E to the following conditions. Cs share
will be due at the end of the year; D will get his share only
after he passes the CPA exams and E will get his share only
after he painted the house of C.

ART. 1212. Each one of the solidary creditors may do

whatever may be useful to the others, but not anything which
may be prejudicial to the latter. (1141a)

ART. 1213. A solidary creditor cannot assign his rights without

the consent of the others.

Solidary Creditors May Do Useful Act; Not Prejudicial Acts

A solidary creditor may do any act beneficial or useful to the
others but he cannot act prejudicial to them.

Example of Beneficial Acts

To interrupt the running of prescription, the act of one solidary

creditor in making a judicial demand upon any of the solidary
debtors is sufficient. (Art. 1155, NCC)

Example of Prejudicial Acts

Should not be performed, otherwise, there will be liability for

damages. However, in the case of remission or condonation, the
solidary creditor is allowed to so remit, and the obligation is
extinguished.

Art. 1214. The debtor may pay any one of the

solidary creditors but if any demand, judicial or
extrajudicial, has been made by one of them,
payment should be made to him.

Payment to Any of the Solidary Creditors

The rule is that the debtor may pay any one of the
creditors. But when a demand is made by any of the
creditors, payment should be made to him who made
the demand, judicially or extra-judicially.

Example
A is liable to B and C P5, 000. A may pay either B or C But
if B made a demand then payment should only be made
to him. If A paid C, B is still entitled to his share from A in
case C does not turn over to B his share.

ART. 1215. Novation, compensation, confusion or

remission of the debt, made by any of the solidary
creditors or with any of the solidary debtors, shall
extinguish the obligation, without prejudice to the
provisions of article 1219.

The creditor who may have executed any of these acts, as

well as he who collects the debt, shall be liable to the others
for the share in the obligation corresponding to them.

Liability of Solidary Creditor in case of Novation,

Compensation, Confusion or Remission

When a creditor who executed any of these acts, it is

logical that he is liable to the other solidary creditors for their
corresponding shares considering that such acts are
prejudicial to them. (Art. 1212, NCC)

ART. 1216. The creditor may proceed against any one of

the solidary debtors or some or all of them
simultaneously. The demand made against one of them
shall not be an obstacle to those which may
subsequently be directed against the others, so long as
the debt has not been fully collected. (1144a)

Creditor May Proceed Against Any Solidary Debtor

In a solidary obligation, the creditor may proceed against

any, some or all of the solitary creditors simultaneously so
long as it has not been fully collected.

Example
A, B and C solidarily owe D the amount of P9, 000. D can
collect from A or B or C alone or from any two of them or all
of them simultaneously. If demand is made on A, the latter
cannot require D to make a demand also on B and C or to
include them as party defendants as D has the right to
proceed against any one of them.

ART. 1217. Payment made by one of the soldiery debtors

extinguishes the obligation. If two or more solidary
debtors offer to pay the creditor may choose which offer
to accept.
He who made the payment may claim from his codebtors only the share which corresponds to each, with
the interest for the payment already made. If the
payment is made before the debt is due, no interest for
the intervening period may be demanded.
When one of the solidary debtors cannot, because
of his insolvency, reimburse his share to the debtor
paying the obligation, such share shall be borne by all
his co-debtors, in proportion to the debt to each. (1145a)

Effects of Payment by a Solidary Debtor

Payment is one of the ways by which an obligation is

extinguished and consist in the delivery of the thing or
the rendition of the service which is the object of the
obligation.
Example
A, B and C are solidarily liable to D and E in the
amount of P9, 000 due on Dec. 31. If both A and B
offer to pay D on Dec. 31, the latter may choose
which offer to accept. If A pays the entire amount of
P9, 000 on Dec. 31, the obligation is extinguished.
The payment of A gives him the right of reimbursement
from B and C P3, 000 each with interest from the date
of payment. However, if C is insolvent, both A and B
shall bear the insolvency in proportion to their shares.

ART. 1218. Payment by a solidary debtor shall not entitle in to

reimbursement from his co-debtors if such payment is made
after the obligation has prescribed or become illegal. (n)

Effect of Payment After Obligation Has Prescribed or Become

Illegal
Prescription is one where one acquires ownership and other
rights through the lapse of time in the manner and under the
conditions laid down by law.

1.

2.

Example A and B are solidarily indebted to C in the amount of P

10, 000. The debt prescribed. If A paid the debt, he cannot collect
form B his share of the debt. Neither can A can recover from C.

Becomes Illegal A and B are solidarily bound to deliver

medical drugs to C. the transaction of such medical drugs
were later prohibited by law. Notwithstanding the prohibition,
B performed the obligation by delivering the prohibited
drugs. B is not anymore entitled to reimbursement from A.

ART. 1219. The remission made by the creditor of the share

which affects one of the solidary debtors does not release the
latter from his responsibility towards the co-debtors, in case the
debt had been totally paid by anyone of them before the
remission was effected. (1146a)

ART. 1220. The remission of the whole obligation obtained by

one of the solidary debtors, does not entitle him to
reimbursement from his co-debtors.

Remission by Creditor
1)

If payment if made first, the remission is of no effect. There is

no more to remit.

2)

If remission is made prior to the payment and payment is

made, then there is payment by mistake.

3)

If one of the solidary debtors obtained remission on the

whole obligation, he is not entitled to reimbursement from his
co-debtors because remission is essentially gratuitous.

ART. 1221. If the thing has been lost or if the prestation

has become impossible without the fault of the solidary
debtors, the obligation shall be extinguished.

If there was fault on the part of any one of them, all shall
be responsible to the creditor, for the price and the
payment of damages and interest, without prejudice to
their action against the guilty or negligent debtor.

If through a fortuitous event, the thing is lost or the

performance has become impossible after one of the
solidary debtors has incurred in delay through the judicial
or extrajudicial demand upon him by the creditor, the
provisions of the preceding paragraph shall apply.
(1147a)

Rules in Case thing has Been Lost or

Prestation Has Become Impossible
If the thing is lost or has become impossible to
perform through a fortuitous event without the
fault of the debtor, the obligation is extinguished.

1.

Example:
A, B and C are solidarily bound to deliver a
determinate car to D. Without any fault on the part of
any one of the debtors, the car was lost through the
fortuitous event. The obligation is extinguished.

Rules in Case thing has Been Lost or

Prestation Has Become Impossible
2.

If in the preceding paragraph, the car was lost through

the fault of anyone of the solidary debtors, anyone of
them may be held liable by D for the price of the car
plus damages. The debtors who did not any fault on
the lost of the car have the right to recover from the
co-debtor who is at fault.

3.

The solidary debtors are likewise liable even if the thing

is lost through fortuitous event if the loss occurs after
anyone of the solidary debtors has been in delay. The
debtors, however who were not in delay have the right
to recover from their co-debtors who was responsible
due to his delay.

 ART.

1222. A solidary debtor may, in actions filed by

the creditor, avail himself of all defenses which are
derived from the nature of the obligation and of
those which are personal to him, or pertain to his
own share.

With

respect to those which personally belong to the

others, he may avail himself thereof only as regards
that part of the debt for which the latter are
responsible.

Defenses available to a Solidary

Debtor
The defenses available to the solidary debtors if the
creditor proceeds against him alone for the payment of
the entire obligation
The defenses derived from the nature of the obligation,
such as fraud prescription, remission illegality or absence
of consideration, payment or performance.

1.

Example
A and B are solidarily liable to C in the among to P6, 000. The
entire debt was paid by d. in an action by C against A, the
latter can raise the defense of payment by virtue of which
the obligation was extinguished.

Defenses available to a
Solidary Debtor
2.

Defenses personal to him or pertaining to his

own share, such as minority, insanity and
vitiated consent.

3.

Defenses which are personal to others, such as

minority, insanity and vitiated consent.