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Oblicon Reviewer

Oblicon Reviewer

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ACCORDING TO PLURALITY OF SUBJECT

Art. 1207. The concurrence of 2 or more
creditors or of 2 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 expressly so states, or
when the law or the nature of the obligation
requires solidarity.

Joint Obligations

Solidary Obligations

To each his own.

One for all, all for one.

Each obligor answers
only for a part of the
whole liability and to
each obligee belongs
only a part of the
correlative rights.

The relationship
between the active and
the passive subjects is
so close that each of
the former or of the
latter may demand the
fulfillment of or must
comply with the whole
obligation.

When there are two or
more debtors or two or
more creditors.

When there is a
stipulation in the
contract that the
obligation is solidary.
When the nature of the
obligation requires
liability to be solidary.
When the law declares
the obligation to be
solidary.
Some instances:
1.Arising from
tort/damages
2.Arising from
quasi-contracts
3.Legal provisions
regarding the
obligations of
devisees and
legatees
4.Liability of
principals,

Luz 27

accomplices and
accessories of a
felony
5.Bailees in
commodation

Mancomunada
Mancomunada
simple
Proportionate
Pro rata

Joint and several
In solidum
Mancomunada
solidaria
Juntos o
separadamanete
Individually and
collectively
Each will pay the
whole value

We promise to pay
(when there are two or
more signatures)

I promise to pay (when
there are two or more
signatures)

Some consequences:
1.Vitiated consent on
the part of one
debtor does not
affect the others.
(for example, if A
and B were joint
debtors of C for
P1000 and A’s
consent was
obtained by C
through fraud, B
would still be liable
for P500 while A will
not be liable
because the 2 debts
are considered
distinct from each
other.)
2.Insolvency of one
debtor does not
make others
responsible for his
share. (if one is
insolvent, it doesn’t
make the other
debtors share
bigger to
compensate for his
share. They must
pay only for theirs.)
3.Demand by the
creditor on one joint
debtor puts him in
default, but not the
others since the
debts are distinct.
4.When the creditor
interrupts the
running of the

prescriptive period
by demanding
judicially from one,
the others are not
affected. It is
possible that the
share of one debtor
has prescribed,
while the others
have not.
5.Defenses of one
debtor are not
necessarily
available to all the
others.

*The obligation may be joint on the side of the
creditors and solidary on the side of the debtors,
or vice-versa.

Art. 1208. If from the law, or the nature of
the wording of the obligations to which the
preceding article refers the contrary does
not appear, the creditor 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.

Presumption that Obligation is Joint: when
there are two or more debtors or creditors, the
obligation is presumed joint and as a
consequence:

1.The debt shall be divided into as many
shares as there are creditors or debtors.
2.The creditors or the debts will be distinct
from one another, BUT regarding the
bringing of the action in court, the Rules of
Court governing the multiplicity of suits
will be followed.

Distinct Shares: In joint obligations, the
different shares of the debt or the credit are
considered distinct from one another. But they
are subject to the Rules of Court governing the
multiplicity of suits. This means that ordinarily
one creditor may sue one of the debtors for the
latter’s share of obligation but to obtain a just,
speedy and inexpensive determination of every
action or proceeding, it would be better to sue all
the necessary parties at the same time.

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

Luz 28

all the debtors. If one of the latter should
be insolvent, the others shall not be liable
for his share.

Indivisible Joint obligation: indivisible refers to
the object, joint refers to the tie between the
parties, who are merely proportionately liable,
unless solidarity has been stipulated by the
parties or by the law, in which case it becomes a
solidary indivisible obligation. Manresa: the
obligation is in a sense midway between the joint
and the solidary, although it preserves the two
characteristics of the joint obligation in that: (a)
no creditor can do an act prejudicial to the
others, and (b) no debtor can be made to answer
for the others. The peculiarity of this obligation,
however, is that fulfillment requires the consent
of all the debtors, although each for his part. On
the side of the creditors, collective action is also
required for acts which may be prejudicial.

Characteristics:

1.The obligation is joint but since the object
is indivisible, the creditor must proceed
against ALL the joint debtors, for
compliance is possible only if all joint
debtors act together.
2.Demand must, therefore, be made on ALL
the joint debtors.
3.If any one of the debtors does not comply
with his monetary obligations for
damages.
4.If any one of the joint debtors be
insolvent, the others shall not be liable for
his share. The obligation to pay monetary
damages is no longer indivisible then, and
therefore, the creditor may go against
each debtor individually.
5.If there be joint creditors, delivery must be
made to all, and not merely to one, unless
that one be specifically authorized by the
others.
6.Each joint creditor is allowed to renounce
his proportionate credit.

Art. 1210. The indivisibility of an obligation
does not necessarily give rise to solidarity.
Nor does solidarity itself imply indivisibility.

Indivisibility

Solidarity

Refers to the Subject
Matter

Refers to the tie
between the parties.

Different
Kinds of
Solidarity

First

Active
solidarity

On the part of
the creditors or

obligees

Passive
solidarity

On the part of
the debtors or
obligors

Mixed
solidarity

On the part of
the obligors
and obligees,
or on the part
of the debtors
and the
creditors

Second

Conventional
Solidarity

Agreed upon
by the parties

Legal
solidarity

That imposed
by law

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.

Solidarity despite different terms or
conditions:

1.Uniform- when the debtors are bound by
the same stipulations and clauses
2.Otherwise- where the obligors though
liable for the same prestation, are
nevertheless not subject to the same
secondary stipulations and clauses.

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.

Prejudicial Acts: should not be performed,
otherwise, there will be liability for damages.
However, in the case of rescission or condonation
(which is really prejudicial, the solidary creditor is
allowed to so remit, and the obligation is
extinguished, without prejudice to his liability to
other creditors.

Art. 1213. A solidary creditor cannot assign
his rights without the consent of the others.

Non-assignment of rights by Solidary
Creditor:
General rule:
solidary creditor cannot assign his
rights.
Exception: if all the others consent.
Reason: essentially, a solidary obligation implies
mutual agency and mutual confidence. Should
the assignee or substitute do acts which would
prejudice the others, there is no doubt that the
other creditor’s rights are endangered, hence, the
necessity of their consent.

Luz 29

Art. 1214.The debtor may pay any one of
solidary creditors; but if any demand,
judicial or extrajudicial, has been made by
one of them, payment should be made to
him.

To Whom Debtor Must Pay:

1.To any of the solidary creditors
2.Exception: payment must be made to
solidary creditor who made a demand
(judicial or extrajudicial).

Art.1215. Novation, compensation,
confusion or remission of debt, made by any
of the solidary creditors or with any of the
solidary debtors, shall extinguish the
obligation, without prejudice to the
provision of Art. 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.

Novation

The modification of an obligation
by changing its object or principal
conditions, or by substituting the
person of the debtor, or by
subrogating the person of the
debtor, or by subrogating a third
person in the rights of creditor.

Effect of
Compensa
tion

That which takes place when two
persons, in their own right, are
creditors and debtors of each
other. It may be total or partial,
depending upon the amount
involved. Total compensation
automatically extinguishes the
obligation, whether known or
unknown to the parties.

Effect of
Confusion
(or
Merger)

That which takes place when the
characters of creditor and debtor
are merged in the same person.

Effect of
Remission
or Waiver

That act of liberality whereby a
creditor condones the obligation of
the debtor; that where the creditor
tells the debtor to forget about the
whole thing. Remission may be
total or partial.

Art. 1216. The creditor may proceed against
any one o 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.

Against whom Creditor may proceed: against
any, some, or all of the solidary debtors –
simultaneously.

Effect of not proceeding against all: if the
creditor sues only one, or two, or several of the
debtors (but not all) there is no waiver against
those not yet sued. They may be proceeded
against later.

Applicability: applies only to solidary
obligations, not to joint ones, for in the latter,
failure to collect from one joint debtor his share
does not authorize the creditor to proceed
against the others, regarding the insolvent
debtor’s share. It applies to what is called passive
solidarity (solidarity among the debtors). It can
also apply to mixed solidarity.

SimilaritiesDifferences

Solidarit
y

Both the
solidary
debtor and
the surety
guarantee
for another
person.
Both can
demand
reimbursem
ent.

The solidary debtor is
indebted for his own
share only.
The solidary debtor
can be reimbursed
what he has paid
minus his own share.
If a solidary debtor
receives an extension
of the period for
payment, the others
are still liable for the
whole obligation now,
minus the share of the
debtor who has
received the extension
(but same share can
be demandable also
from them upon the
arrival of the extended
term).

Suretys
hip

The surety is indebted
only for the share of
the principal debtor.
The surety can be
reimbursed for
everything he had
paid.
If a principal debtor
receives an extension,
without the surety’s
consent, the surety is
released.

Luz 30

Art. 1217. Payment made by one of the
solidary 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 co-debtors only the share which
corresponds to each, with the interests 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 of each.

Payment: one of the ways by which an
obligation is extinguished and consists in the
delivery of the thing or the rendition of the
service which is the object of the obligation.

Basis of the right to be reimbursed: The fact
of payment (and not the original contract) is the
basis of the right to be reimbursed, for not until
then had he the right to be reimbursed. Hence,
the obligation of the others to reimburse him
arises only from the time payment is made.

Art. 1218. Payment by a solidary debtor
shall not entitle him to reimbursement from
his co-debtors if such payment is made
after the obligation has prescribed or
become illegal.

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.

Reason for the Provision: since payment
extinguishes the obligation, there is nothing more
to remit.

3 Kinds of Defenses
1.Real defenses- these are defenses derived
from the nature of the obligation. A real
defense is a total defense. It benefits all the
debtors.
2.Personal defenses- personal defenses may
either be total or partial defenses. An
example of a total personal defense is if the
consent of the debtors were all vitiated. An

example of a partial defense is that a certain
amount is not yet due. It is partial since there
may be amounts which are already due.
Thus, the debtor has to pay for those amounts
which are due.
3.Defenses which are personal to the
other co-debtors-
The debtor can only avail
himself of these defenses only with regard to
the part of the debt which his co-debtors are
responsible for. These defenses are partial.
•The debtor sued can invoke all three kinds of
defenses. The difference is whether such
defense would result in total or partial
exculpation.

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 of the whole obligation: Remission
is essentially gratuitous. This Art. applies only
when the whole obligation is remitted.

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 a 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.

Effect of Loss or Improbability:

1.If without fault- no liability.
2.If with fault- there is liability (also for
damages and interest).
3.Loss because of a fortuitous event after
default- here, there will be liability
because of default.

Art. 1222. A solidary debtor may, in actions
fled 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

Luz 31

share. With respect to those which
personally belongs to the others, he may
avail himself thereof only as regards that
part of the debt for which the latter are
responsible.

Kinds of Defenses:

1.Those derived from the nature of the
obligation (this is a complete defense).
2.Those personal to the debtor sued. (This is
a complete defense generally, but if the
defense is non-fulfillment yet of the term,
this Is only a partial defense, that s, he will
still be liable except for his own share in
the meantime).
3.Those personal to the others (partial
defense regarding share of others
involved).

BALANE:
SINGLE: only 1 debtor and 1 creditor.

JOINT: when each of the debtor is liable only for
a proportional part of the debt, and each creditor
is entitled only to a partial part of the credit.
General: joint obligations are less onerous.
Exceptions:

1.Agreement of the parties.
2.Law (i.e. tort feasors are solidarily liable)
3.Nature of the obligation.
Essential nature: there are as many obligations
as there are creditors multiplied by as many
debtors.

Types of Joint Obligations:
1.Active Joint- there are multiple creditors.
The demand of 1 creditor on 1 debtor will
not constitute a demand on the others.
The prescription of 1 of the debts will not
affect the other debts.
2.Passive Joint- there are multiple debtors.
The demand of 1 creditor on 1 debtor will
not constitute a demand on the others.
The prescription of 1 of the debts will not
affect other debts. The insolvency of 1 of
the debtors will not affect the burden of
the other debtors.
3.Mixed joint- there are multiple creditors
and debtors.

SOLIDARY: when any of the debtors can be held
liable for the entire obligation, and any if the
creditors is entitled to demand the entire
obligation. Also called joint and several, joint and
individual, and in solidum. When:
1.The parties so agree.
2.When the law so provides.
3.When nature of the obligation requires the
obligation to be solidary.

Types of Solidary Obligations:
1.Active solidary- there are multiple creditors.
A credit once paid is shared equally among
the creditors unless a different intention
appears. The debtor may pay any of the
creditors, but if any demand, judicial or
extrajudicial is made on him, he must pay
only to the one demanding payment (Art.
1214).
2.Passive solidary- there are multiple debtors.
Each debtor may be required to pay the entire
obligation but after payment, he can recover
from his co-debtors their respective shares.
3.Mixed solidary- there are multiple debtors
and creditors. A credit once paid is shared
equally among the creditors unless a different
intention appears. The debtor may pay any of
the creditors, but if any demand, judicial or
extrajudicial, is made on him, he must pay
only to the one demanding payment (Art.
1214). Problematic: the debtor cannot pay the
other non-demanding solidary creditors only if
one of the solidary creditor makes a judicial
demand. If the debtor pays a creditor who did
not make a demand, the payment is
considered a payment to a third person. The
debtor can still be made to pay by the one
who made a demand on him. But the
payment to the demanding creditor can be
reduced by the share of the paid creditor.
The debtor can still recover from the paid
creditor (unjust enrichment). Each debtor may
be required to pay the entire obligation but
after payment, he can recover from his co-
debtors their respective shares.

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