SECTION 4. - Joint and Solidary Obligations 4.

Each debtor is liable only for a proportionate part of

the debt
Art. 1207. The concurrence of two or more creditors
or of two or more debtors in one and the same 5. Each creditor is entitled only to a proportionate part of
obligation does not imply that each one of the former the credit
has a right to demand, or that each one of the latter is
bound to render, entire compliance with the Query
prestation. There is a solidary liability only when the If A,B and C had executed a promissory note binding
obligation expressly so states, or when the law or the themselves to pay an indebtedness of P9,000 to X, Y and
nature of the obligation requires solidarity. (1137a) Z and the debt is due and demandable…
Art. 1208. If from the law, or the nature or the 1. what is the nature of the obligation? Joint or solidary?
wording of the obligations to which the preceding
article refers the contrary does not appear, the credit 2. Can the creditors proceed against A alone for payment
or debt shall be presumed to be divided into as many of the entire obligation? Why?
shares as there are creditors or debtors, the credits or
debts being considered distinct from one another, 3. Can X alone proceed against A, B and C for payment
subject to the Rules of Court governing the of the entire obligation? Why?
multiplicity of suits. (1138a)
4. Suppose that X proceeds against A alone for payment,
Kinds of obligations according to the number of parties how much can he collect? Why?

1. Individual obligation- one where there is only one 5. Suppose that C is insolvent, can A and B be held
obligor or one obligee liable for his share in the obligations? Why?

2. Collective obligation-One where there are two or 6. Suppose that the obligation is about to prescribe, but
more debtors and/or two or more creditors X wrote a letter to A demanding payment for the entire
debt, will this have the effect of interrupting the running
A. Joint obligation- One where the whole obligation is to of the period of prescription? Why?
be paid or fulfilled proportionately by the different
debtors and/or to be demanded proportionately by the Words to indicate joint liability
different creditors
Mancomunada
B. Solidary Obligation-One where each one of the
Mancomunadamente
debtors is bound to render, and /or each one of the
creditors has a right to demand from any of the debtors, Pro rata
entire compliance with the prestation
Proportionately
Collective obligation is presumed to be joint
“ WE promise to pay” signed by two persons
1. One debtor and creditor no problem
2. Plurarity of parties- share of each in the Exceptions
obligation is specified
Obligation is solidary not joint when:
Effects of Joint obligation
1. the obligation expressly states that there is solidarity
1. there are as many debts as there are debtors
2. when the law requires solidarity
2. There are as many credits as there are creditors
3. when the nature of the obligation requires solidarity
3. The debts and/or credits are considered distinct and
Examples as to No.1
separate from one another
1. when the debtors agreed to pay the obligation jointly 2. Legal solidarity
and severally
Imposed by law
2. individually and collectively
3. Real solidarity
3. solidaria
Art. 1209. If the division is impossible, the right of
4. in solidum the creditors may be prejudiced only by their
collective acts, and the debt can be enforced only by
5. together and/or separately proceeding against all the debtors. If one of the latter
6. juntos o separadamente should be insolvent, the others shall not be liable for
his share. (1139)
7. “I promise to pay” signed by two or more persons
Joint Indivisible Obligation
Examples as to Number 2
The obligation is joint because the parties are merely
As to liability of principals, accomplices and accessories proportionately liable.
of a felony (Art 110 of RPC)
Indivisible because the object or subject matter is not
Provided in Arts. 927, 1824, 1911, 2146, 2157, and 2194 physically divisible into different parts
(liability of persons for quasi-delict is solidary)
Characteristics
Example as to Number 3
1. If there are two or more debtors, the fulfillment of or
Responsibility of two or more persons guilty of a compliance with the obligation requires the concurrence
criminal offense or liable for tort is solidary of all of the debtors, although each for his own share.

Kinds of solidarity Consequently, the obligation can be enforced only by

proceeding against all of the debtors
1. Passive
Example
Solidarity on the part of the debtors where anyone of
them can be made liable for the fulfillment of the entire If A, B, and C obligated themselves to deliver jointly a
obligation; in the nature of mutual guaranty certain horse to X, the latter (X) can compel its
fulfillment only by proceeding against A, B and C

Characteristics
2. Active Solidarity
2. If there are two or more creditors, the concurrence or
Solidarity on the part of the creditors, where anyone of collective act of all the creditors, although each for his
them can demand the fulfillment of the entire obligation own share, is also necessary for the enforcement of the
obligation; creditors may be prejudiced only by their
3. Mixed solidarity
collective acts
Solidarity on the part of the debtors and creditors, where
Effect of breach
each one of them debtors is liable to render, and each
one of the creditors has a right to demand, entire If one of the joint debtors fails to comply with his
compliance with the obligation undertaking, the obligation can no longer be fulfilled or
performed
According to source
--- it is CONVERTED into one of indemnity for
1. Conventional solidarity
damages
Agreed by the parties
The debtors who may have been ready to fulfill or anything which may be prejudicial to the latter.
perform what is incumbent upon them shall not (1141a)
contribute to the indemnity beyond the corresponding
portion of the price of the thing or of the value of the Juan owes Pedro and Pablo, solidary creditors, the sum
service in which the obligation consists. of P100,000.

Effect of insolvency of a debtor 1. Pedro may make a demand for the payment of the
obligation.
If one of the joint debtors should be insolvent, the others
shall not be liable for his share 2. In case of remission or condonation effected by Pedro,
the obligation will be extinguished but Pablo cannot be
Art. 1210. The indivisibility of an obligation does not prejudiced by the remission, Pedro has to reimburse
necessarily give rise to solidarity. Nor does solidarity Pablo for the latter’s share.
of itself imply indivisibility. (n)
Based on the Principle of Mutual Agency among the
Joint Indivisible Obligation solidary creditors.

X and Y are jointly liable to deliver to C a particular Art. 1213. A solidary creditor cannot assign his rights
horse without the consent of the others. (n)

Solidary Indivisible Obligation What is the effect if a solidary creditor assigns his rights
without the consent of the other solidary creditors?
X and Y obliged themselves solidarily to give to Z a
horse. Qualified Answer

Solidary divisible obligation 1. If the assignment is made to anyone of the solidary

creditors, there is no violation of the precept in Art.
X and Y promised in solidum to pay Z P20,000. 1213.
Joint Divisible Obligation 2. If made to a third person, there is violation.
X and Y are jointly liable to pay Z P20,000. Art. 1214. The debtor may pay any one of the
Art. 1211. Solidarity may exist although the creditors solidary creditors; but if any demand, judicial or
and the debtors may not be bound in the same extrajudicial, has been made by one of them,
manner and by the same periods and conditions. payment should be made to him. (1142a)
(1140) If payment is made by the debtor to one who has not
Solidarity not affected by diverse stipulations made a demand, the obligation will not be extinguished
as to the latter; Payment shall be made only to the
There may be a solidary obligation although the parties creditor who made the demand and to no other.
may not be bound in the same manner and by the same
periods and conditions If there are two or more debtors, only the debtor, upon
whom the demand had been made, is bound to make
Example payment to the creditor who made the demand.

A, B, C and D obliged themselves solidarily to pay E Art. 1215. Novation, compensation, confusion or
P20,000 as follows: remission of the debt, made by any of the solidary
creditors or with any of the solidary debtors, shall
A, to pay by installment at the rate of P1,000 a month, to extinguish the obligation, without prejudice to the
start in July; B to pay in September; C to pay in provisions of Article 1219.
December, and D, if E passes the CPA Examination.
The creditor who may have executed any of these
Art. 1212. Each one of the solidary creditors may do acts, as well as he who collects the debt, shall be liable
whatever may be useful to the others, but not
to the others for the share in the obligation The receiving creditor is jointly liable to the others for
corresponding to them. (1143) their corresponding shares

Art. 1216. The creditor may proceed against any one Queries
of the solidary debtors or some or all of them
simultaneously. The demand made against one of X, Y and Z are jointly and severally liable to A and B in
them shall not be an obstacle to those which may the amount of P150,000 due on August 1, 2014.
subsequently be directed against the others, so long A. If X and Y offered to pay A, who has the right to
as the debt has not been fully collected. (1144a) choose which offer to accept?
Xyla, Yasser and Zenia are solidarily liable to Cesar for B. If X pays the entire amount of P150,000 on July 30 is
200,000. the obligation extinguished? Is X entitled to
Cesar can collect from Xyla or Yasser or Zenia alone, or reimbursement from the other debtors? If yes, how
from any two of them, or all of them simultaneously as much can he ask from the other debtors? Is X entitled to
long as the debt has not been entirely satisfied. interest from the time of payment?

Art. 1217. Payment made by one of the solidary C. If Z is insolvent, can X ask from Y an additional
debtors extinguishes the obligation. If two or more reimbursement for the share of Z? By how much?
solidary debtors offer to pay, the creditor may choose Art. 1218. Payment by a solidary debtor shall not
which offer to accept. entitle him to reimbursement from his co-debtors if
He who made the payment may claim from his co- such payment is made after the obligation has
debtors only the share which corresponds to each, prescribed or become illegal. (n)
with the interest for the payment already made. If the Exceptions when the paying debtor cannot get
payment is made before the debt is due, no interest reimbursement
for the intervening period may be demanded.
1. when the obligation has already prescribed
When one of the solidary debtors cannot, because of
his insolvency, reimburse his share to the debtor 2. when the obligation becomes illegal
paying the obligation, such share shall be borne by all
his co-debtors, in proportion to the debt of each. Article 1424
(1145a)
“ When a right to sue upon a civil obligation has lapsed
Effects of payment by a solidary debtor by extinctive prescription, the obligor cannot recover
what he has delivered or the value of the services he has
1. Between the solidary debtors and creditors rendered”

Payment in full by one of the solidary debtors Prescriptive period of actions

extinguishes an obligation
10 years
2. Among the solidary debtors
1. upon a written contract
The paying solidary debtor can demand reimbursement
from his co-debtors for their proportionate shares with 2. an obligation created by law
interest only from the time of payment
3. upon a judgment
Creates a joint obligation of reimbursement on the part
6 years
of the others
1. upon an oral contract
In case of insolvency of any of the debtors, the others
assume the share of the insolvent one pro rata. 2. upon a quasi-contract

Among the solidary creditors

4 years

1. upon an injury to the rights of the plaintiff Rules in case thing has been lost or prestation has
become impossible
2. upon a quasi-delict
1. loss is without fault and before delay
The statute of limitations may be superseded or modified
by a contract between the parties. Obligation is extinguished

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 2. Loss is due to fault on the part of a solidary debtor
the co-debtors, in case the debt had been totally paid A solidary obligation is a mutual agency. As to the
by anyone of them before the remission was effected. creditor, the fault or delay of one of the solidary debtors,
(1146a) shall be the fault or delay of all the solidary debtors
Queries 3. Loss is without fault but after delay
X and Y are liable in solidum to A in the amount of The default by one solidary debtor makes all of the
P1,000. solidary debtors responsible even for fortuitous event
A remitted X’s share. Y paid P1,000 to A.
Art. 1222. A solidary debtor may, in actions filed by
1. Will Y be entitled to reimbursement from X? If not, the creditor, avail himself of all defenses which are
can he go after A for the return of X’s share? derived from the nature of the obligation and of those
which are personal to him, or pertain to his own
2. On what principle can he demand for the return of the share. With respect to those which personally belong
excess payment ? to the others, he may avail himself thereof only as
regards that part of the debt for which the latter are
3. If A remitted the whole debt because of his friendship responsible. (1148a)
with X, can X ask reimbursement from Y? By how
much? Defenses available to a solidary debtor

Art. 1220. The remission of the whole obligation, 1. Defenses derived from the nature of the obligation
obtained by one of the solidary debtors, does not entitle
him to reimbursement from his co-debtors. (n) -- a complete defense because it nullifies the obligation
and renders it ineffective
Art. 1221. If the thing has been lost or if the
prestation has become impossible without the fault of Examples:
the solidary debtors, the obligation shall be 1. payment of the full amount by a third person or by
extinguished. any debtor
If there was fault on the part of any one of them, all 2. fraud
shall be responsible to the creditor, for the price and
the payment of damages and interest, without 3. prescription
prejudice to their action against the guilty or
negligent debtor. 4. remission, illegality or absence of consideration, res
judicata, non-performance of a suspensive condition
If through a fortuitous event, the thing is lost or the
performance has become impossible after one of the 2. Defenses personal to, or which pertain to the share of,
solidary debtors has incurred in delay through the debtor sued
judicial or extrajudicial demand upon him by the
Examples:
creditor, the provisions of the preceding paragraph
shall apply. (1147a)
Defense of insanity, incapacity, mistake, violence,
minority

3. Defenses personal to other solidary debtors

Example: The insanity of the other debtor as a defense

with regard to the liability of the other debtor but not to
his personal share in the obligation.

If A and B are solidarily liable to C for P10,000 and B is

insane, A is not liable to the share of B but is liable as to
his share of P5,000. Only a partial defense.