OBLICON REVIEWER || Atty.
Gravador Midterms
2nd Semester, AY 2019-2020 || EH203
IV. JOINT AND SOLIDARY OBLIGATIONS
(1) JOINT 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 prestations. There is a solidary liability
only when the law or the nature of the obligation requires
solidarity.
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.
I. Concept
- Whole obligation is to be paid and fulfilled
proportionately by different debtors and/or to be
demanded proportionately by different creditors
- An obligation where there is a concurrence of several
creditors, or of several debtors, or of several creditors and
debtors, by virtue of which each of the creditors has a
right to demand, and each of the debtors is bound to
render, compliance with his proportionate part of the
prestation which constitutes the object of the obligation.
- Each debtor is liable only for a proportionate part of the
debt and the creditor is entitled to demand only a
proportionate part of the credit from each debtor.
Joint Obligation Solidary Obligation
Each creditor can recover only Each creditor may enforce the
his share of the obligation, and entire obligation, and each
each debtor can be made to debtor may be obliged to pay it
pay only his part. in full
Kinds of obligation according to the number of parties:
1. Individual obligation - only one obligor and one obligee;
1. Collective obligation - two or more debtors and/or two
or more creditors. It may be joint or solidary.
II. Presumption
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The presumption, when there are two or more persons in
the same obligation is that it is joint.
Reason: Solidary obligations are burdensome for they create
unusual rights and liabilities.
Law tends to favor the debtors in assuming that they are
bound jointly and not solidarily.
SCENARIO: Two or more creditors or two or more debtors in
one and the same obligation:
- In the absence of express and indubitable terms
characterizing the obligation as solidary, the
presumption is that the obligation is only joint.
- It thus becomes incumbent upon the party alleging
that the obligation is indeed solidary in character to
prove such fact with a preponderance of evidence.
Solidary obligation cannot lightly be inferred
Following words indicate that an obligation is solidary:
- mancum, mancomunada, mancomunadamente, pro rata,
proportionately, conjoint, “we promise to pay” signed by
two or more persons.
BUT the admission of parties that an obligation is solidary
cannot rebut the tenor of the contract when pertaining to
the nature of the obligation.
III. Effects
In the absence of any law or stipulation to the contrary, the
credit or debt shall be presumed to be divided into as many
shares as there are creditors and debtors, the credits or
debts being considered distinct from one another.
A. Extent of Liability of Debtor
- Each debtor can be held liable only for the payment of his
proportionate share of the debt.
- A joint creditor cannot act in representation of others,
neither can a joint debtor be compelled to answer for the
liability of others.
- The extinction of the debt of one of the debtors does not
affect the debts of others.
1. The delay on the part of only one of the joint
debtors does not produce effects with respect to
the others, and if the delay is produced through the
acts of only one of the joint creditors, the others
cannot take advantage thereof.
OBLICON REVIEWER || Atty. Gravador
2nd Semester, AY 2019-2020 || EH203
2. The vices of each obligation arising from the
personal defect of a particular debtor or creditor,
do not affect the validity of the other credits or
debts.
3. The insolvency of one debtor or his non-
performance does not increase the liability of his
co-debtors, nor authorize the creditor of the
defaulting debtor to claim anything from his co-
debtors.
4. In the divisible joint obligation, the defense of res
judicata is not extended from one debtor to
another.
B. Extent of Right of Creditor
- Each creditor can demand only for the payment of his
proportionate share of the creditor.
- A joint creditor cannot act in representation of others,
neither can a joint debtor be compelled to answer for the
liability of others.
OTHER NOTES
- Art 1208 mandates equal sharing of creditors and debtors
in the credit or debt in the absence of any law or
stipulation to the contrary.
- If the amount of the debt of one of the debtors coincides
with the credit of one of the creditors, he is presumed to
be the debtor of the latter.
- What if the number of creditors is not the same as the
number of debtors or vice versa?
EXAMPLE 1
A, B, and C borrowed Php 900,000 from D:
Presumed to be joint because no express provision saying
it is solidary obligation.
Each of them is liable only for Php 300,000 each and D is
not entitled to collect from each debtor more than his
corresponding share in the obligation.
Here, there are 3 debts and 1 credit.
The debts are distinct and separate from each other. The
insolvency of one shall not make the other debtors liable.
EXAMPLE 2
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Rabuya X De Leon X Gravador
A borrowed from B, C, and D Php 9,000. Each creditor can
demand only Php 3,000 from A (or their respective
shares).
Example 3
A, B, and C are indebted to X and Y for Php 90,000. The
debt shall be divided into three equal parts. The credit is
divided into two equal parts. Therefore, X may demand
from A 1/2 of Php 30,000 and the other half from B, and
another half from C.
C. In Case of Novation, Compensation, Confusion, or
Remission
These are modes or causes of extinguishment of obligations.
They do not extinguish or modify the obligation except with
respect to the creditor or debtor affected, without
extending its operation to any other part of the debt or of
the credit.
Novation:
Affects only the share of the joint co-debtor in whom the
novation is affected.
Compensation:
Affects only the share of the joint co-debtor in whom the
compensation takes place.
Remission: Benefits only the joint co-debtor in whome the
remission is granted. Only his obligation is extinguished.
Confusion:
Art. 1277. Confusion does not extinguish a joint obligation
except as regards the share corresponding to the creditor or
debtor in whom the two characters concur.
Each debtor has his own creditor to whom he is liable and
confusion taking place in the person of any debtor or
creditor does not affect the others. In other words, the
confusion will extinguish only the share corresponding to
the creditor or debtor.
(2) SOLIDARY OBLIGATIONS
I. CONCEPT
Each one of the debtors is liable for the entire obligation
and/or each creditors has a right to demand the entire
compliance or satisfaction of the whole obligation from any
or all of the debtors.
OBLICON REVIEWER || Atty. Gravador
2nd Semester, AY 2019-2020 || EH203
It cannot be presumed, so when an obligation is solidary, it
must be expressly stated as such.
Characters: Unity of object and plurality of ties.
Essence: Each and every one of the solidary creditors can
demand AND each of the debtors must satisfy the same
prestation.
Resulting in:
Duty of creditor who received payment to pay to each
of his co-creditors what belongs to him.
Right on the part of the debtor who made payment to
claim from his co-debtors the share which corresponds
to each.
Basis: Legal fiction i.e. MUTUAL AGENCY among those
interested in the same obligation.
A. REQUISITES
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 expressly so states, or when the
law or the nature of the obligation requires solidarity.
Solidarity is not lightly inferred. There is solidarity only
when:
(1) Obligation expressly so states
(2) The law requires solidarity
(3) Nature of the obligation requires solidarity; or
(4) Imposed in a final judgment against several defendants.
B. WORDS USED TO INDICATE SOLIDARY LIABILITY
Not always needed to include word “solidary.”
It is sufficient that the obligation declares that:
• each one of the debtors can be compelled to pay the
entire obligation.
• each debtor can be proceeded against for the full
amount of the obligation.
• demand may be made against any one of them
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Rabuya X De Leon X Gravador
Other words:
• Severally, jointly and/or severally, solidaria, in
solidum, solidarily, together and/or separately,
individually and/or collectively, juntos o
suparadamente.
• “I promise to pay” signed by two or more persons.
• “joint and several” or “several.”
II. KINDS
A. As to Source
iii. Legal
- solidarity is imposed by law.
- EXAMPLES:
2 or more heirs who take possession of the estate, are
solidarily liable for the loss of the thing.
In partnerships, all Partners are solidarily liable for any
crime or quasi-delict committed by any partner in the
course of business of the partnership.
Responsibility of 2 or more persons liable for a quasi-
delict is solidary.
- See page 230 of De Leon.
iv. Conventional
- solidarity is agreed upon by the parties.
- If nothing is mentioned in the contract relating to
solidarity, the obligation is only joint.
v. Real
- imposed by the nature of the obligation
- law does not expressly indicate the cases
- BUT, the opinion is that the cases contemplated are
those in which the intent of the law is to have the
obligation satisfied in full but the law itself does not
expressly require solidarity.
- EXAMPLE:
OBLICON REVIEWER || Atty. Gravador
2nd Semester, AY 2019-2020 || EH203
Obligation under the former Workmen’s Compensation
Law, to pay indemnity or compensation or death or
injury cause to their employees while in the
performance of their assigned duty. It was held solidary
although the law is silent on this point because the law
was enacted to give full protection to employees.
B. As to the Parties Bound
i. Active
- solidarity on the part of the creditors
- anyone of them can demand the fulfilment of the entire
obligation
- Essential Feature: mutual representation among the
solidary creditors with powers to exercise the rights of
others in the same manner as their rights.
- EXAMPLES:
• A is liable for Php 10,000 in favor of B and C who
are solidary creditors.
A may pay either B or C.
B and C can demand full payment from A.
If B received payment, he is liable to C for his
share.
The liability cannot exceed Php 10,000, which is
the extent of his liability.
• A is to pay Php 10,000 to either B or C.
B or C may demand payment from A unless it
clearly appears that the intention of the parties is
to give to A the right to choose whom to pay.
ii. Passive
- solidarity on the part of the debtors
- anyone of them can be made liable for the fulfilment of
the entire obligation.
- Characteristics: plurality of debtors and unity of
prestation.
- in the nature of a mutual guaranty
- EXAMPLES:
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Rabuya X De Leon X Gravador
A and B are solidary debtors of C in the amount of Php
10,000 (only one debt and one credit)
C may demand payment from either A or B, or both of
them simultaneously, the whole obligation.
Payment by A (or B) extinguishes the obligation but A
(or B) may claim from B (or A) the share which
corresponds to him depending upon the agreement
between them.
In any case, C cannot collect more than Php 10,000
which is the extent of his credit.
iii. Mixed
- solidarity on the part of the debtors and creditors
- each one of the debtors is liable to render and each one
of the creditors has the right to demand, entire
compliance with the obligation.
- EXAMPLE
A and B are solidarily liable to C and D, solidary
creditors, in the amount of Php 10,000.
A or B can pay either C or D.
C or D can demand from either A or B.
Payment of A or B to C or D shall extinguish the
obligation.
A or B can ask reimbursement from B or A in the
amount of Php 5,000 or such amount agreed upon
between them.
C or D is liable to give D or C the latter’s share of Php
5,000 or the amount stipulated.
C. As to Uniformity
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.
i. Uniform
- parties are bound by the same stipulations or clauses.
ii. Non-uniform or Varied
- when the parties are not subject to the same stipulations
or clauses
 OBLICON REVIEWER || Atty. Gravador
2nd Semester, AY 2019-2020 || EH203
- EFFECT:
Solidarity is not affected.
The legal bond of solidarity is not destroyed by the mere
fact that the parties are not bound by the same periods
and conditions.
There may be a solidary obligation although the parties
may not be bound in the same manner and by the same
periods and conditions.
Creditor may bring his action in toto against any of the
debtors less the shares of the other debtors with
unexpired terms or unfulfilled conditions who are entitle
to defense under Article 1222.
III. Effects
A. Solidary Creditor in Relation to:
i. Common Debtor
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.
Each and every one of the solidary creditors can demand the
fulfillment of the entire obligation from the common debtor.
ii. Solidary co-creditor/s
The creditor who received payment has the duty to pay to
each of his co-debtor what belongs to him.
In Case of Novation, Compensation, Confusion, or Remission
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.
These are modes of extinguishment of obligations.
Solidary creditor who executed any of these acts should be
liable to the others for their corresponding shares,
considering that such act is prejudicial to them
Example:
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Rabuya X De Leon X Gravador
A has debt to solidary creditors B, C, D in the amount of
P30,000. If B condones the dent in the amount of 18,000, he
shall be liable for 6,000 each to C and D.
Prejudicial Acts Prohibited-Art. 1212
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.
Solidary creditor may do any act beneficial or useful to the
others.
BUT he cannot Perform any act prejudicial to them.
If he performs such act and as a result obligation is
extinguished, he shall be responsible to the others for
damages.
Based on mutual agency.
EXAMPLE:
A owes B and C, solidary creditors, the sum of P20,000. B can
demand payment as this will benefit C.
But if B condones A and the obligation is extinguished, B has
to reimburse C for his/her share.
Assignment of Rights Not Allowed
Art. 1213. A solidary creditor cannot assign his rights without
the consent of the others.
Absent consent by others, a solidary creditor cannot assign
his rights to a 3 person
Reason: Assignee may not have the confidence of the original
solidary creditors, and the assignee after receiving payment
may not give the share of the others.
B. Solidary Debtor in Relation to:
i. Common Creditor
Obligation to Perform-Art. 1207
Any one of them can be made liable for the fulfillment of the
entire obligation
In Case of Novation, Compensation, Confusion, Remission
by a Creditor-Art.1215, par. 1
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.
 OBLICON REVIEWER || Atty. Gravador Midterms
2nd Semester, AY 2019-2020 || EH203
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, compensation, confusion, or remission by the
common creditor extinguishes part or all of the obligation of
the solidary debtors.
ii.solidary co-debtor
In case of payment by a co-debtor
(Art.1217, 1218,1220,1219)
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 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 of each.
Payment made by one of the solidary debtors extinguishes
the obligation (refers to full payment). However, creditor is
given the right to choose which offer to accept if two or more
solidary debtors offer to pay.
Does not create a real case of subrogation.
BUT it entitles him/her to claim reimbursement from his co-
debtors for their proportionate shares with legal interest only
from the time of payment.
If the payment is made before the debt is due, no
interest for the intervening period may be
demanded.
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.
GR: when a solidary debtor pays the obligation, he is entitled
to reimbursement from his co-debtors.
EXC: When the obligation has prescribed or become illegal,
the obligation is extinguished. Hence there is no more
obligation to be complied with (or reimbursed).
(See De Leon page 249 for prescription periods)
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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.
If payment is made first, the remission or waiver is of no
effect as there is no more obligation to remit.
However, if remission is made previous to the payment and
payment is made, solutio indebiti arises.
Burden of proof is on the debtor whose debt is remitted to
prove the priority of the remission of the payment to release
him from responsibility towards his co-debtors.
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.
Debtors who obtains remission pay nothing to the creditor.
Applied only when the whole obligation is remitted.
In Case of Fortuitous Event- Art. 1221
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.
Rules in case thing has been lost or prestation has become
impossible:
Loss is without fault and before delay
Obligation is extinguished.
Loss is due to fault on the part of a solidary debtor
All will be responsible to the creditor for the price and the
payment of damages and interest.
However, the solidary debtors may recover the guilty or
negligent creditor the full amount of such price and damages.
OBLICON REVIEWER || Atty. Gravador
2nd Semester, AY 2019-2020 || EH203
Reason: Mutual Agency. The fault of delay of one solidary
debtor, shall be the fault or delay of all the solidary debtors.
Loss is without fault but after delay
Same effect as loss due to fault of a solidary debtor.
IV. Defenses available to a solidary debtor against the
creditor
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.
A solidary creditor may avail himself/herself of the
following:
i. Defenses Derived from the Nature of the Obligation
A complete defense because it nullifies the obligation or
renders it ineffective.
Completely absolving the defendant solidary co-owner from
liability to the creditor.
The judgment shall also inure to the benefit of his co-
debtors because such kind of defense is available to all of
them.
Examples:
Payment, fraud, prescription, remission, illegality or absence
of consideration, res judicata, non-performance of a
suspensive condition, etc.
EFFECT: Completely absolving the defendant solidary co-
owner from liability to the creditor and the judgment shall
inure to the benefit of his co-debtors because such kind of
defense is available to all of them.
ii. Personal Defenses
Those affecting the capacity or consent of the debtor being
sued (incapacity, minority, insanity, mistake, etc).
A complete defense. Will completely absolve the
defendant solidary debtor from any liability to the
creditor with respect the entire obligation.
iii. Defenses pertaining to his share
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Rabuya X De Leon X Gravador
Those referring particularly to his portion of the obligation
(special terms or conditions pertaining to his shares alone
for example: suspensive condition)
Only a partial defense.
May be utilized only with respect to the part of the
obligation of the debtor sued. He can still be sued
for the portions belonging to others not subject to
terms or conditions, because he is solidarily liable.
iv. Those Personally elonging to the other co-debtors
Only a partial defense.
Defenses which are personal to one of the solidary debtors
may also be invoked by another solidary debtor in the event
the latter is sued.
But he may avail himself of it only as regards to that part of
the obligation for which the debtor to whom the defense
belongs is responsible.
Hence, the debtor sued may still be held liable for the other
shares as to which there are no defenses.
(3) JOINT INDIVISIBLE OBLIGATIONS
1. Concept
Art. 1209. If the division is impossible, the right of the
creditors may be prejudiced only 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.
The middle ground between a joint obligation and solidary
obligation.
Joint because the parties are merely proportionately liable.
Indivisible because the object or subject matter is not
physically divisible into different parts.
It is joint as to liabilities but indivisible as to compliance.
EXAMPLE
A, B, and C are jointly liable to give D a car valued at
Php240,000. On the date of delivery, A and B are willing to
deliver but C is not.
In this case, D has no cause of action against C for the
delivery of the car because, as a joint-debtor, C is liable only
for a proportionate part of the obligation which is Php
80,000. Since the object (car) is indivisble, the debt can only
OBLICON REVIEWER || Atty. Gravador Midterms 8 of 8
2nd Semester, AY 2019-2020 || EH203 Rabuya X De Leon X Gravador

be enforced by proceeding against all the debtors for
compliance is not possible unless they act together.
A, B, and C will be liable for Php 80,000 each or a total of
Php 240,000 without increase of responsibility. C, the
unwilling debtor, shall be liable for damages to D for having
violated the obligation.
If A and B suffered damages by reason of non-fulfilment by
C, then they may recover from C.
2. Indivisibility Distinguished from Solidarity
4. Liability for Damages in Case of Breach-Art. 1224
Art. 1224. A joint indivisible obligation gives rise to
indemnity for damages from the time anyone of the debtors
does not comply with his undertaking. The debtors who may
have been ready to fulfill their promises shall not contribute
to the indemnity beyond the corresponding portion of the
price of the thing or of the value of the service in which the
obligation consists.
This speaks of the effects of the non-compliance of a debtor
in a joint indivisible obligation.

Art. 1210. The divisibility of an obligation does not necessarily If any one of the debtors does not comply with his
give rise to solidarity. Nor does Solidarity imply indivisibility. undertaking, the obligation is transformed to one for
damages i.e to pay money. (No specific performance or
Indivisibility Solidarity rescission because there is no cause of action against the
other debtors who are willing to fulfill their promises.)
Refers to prestation Refers to the juridical tie
that binds the parties The breach by a co-debtor has the effect of making all the
debtors liable for damages BUT, the innocent debtors shall
only contribute their respective shares (they shall not
Only the debtor guilty of All debtors are liable for the
contribute beyond their respective shares).
breach is liable for breach of obligation
damages, thereby committed by a co-debtor.
terminating agency.

Indivisibility can exist There must be at least two

although there is only one debtors or two creditors.
creditor and one debtor.

Others are not liable in case Other are proportionately

of insolvency of one liable for the insolvency of
debtor, one debtor.

3. Effects

Joint indivisible obligation on the part of the debtors:

Debt can only be enforced by proceeding against all the

debtors for compliance is not possible unless they act
together.

If anyone of the debtor becomes insolvent, the others shall

not be liable to pay the insolvent debtor’s share. Creditor
must wait until the insolvent debtor can pay

Joint indivisible obligation on the part of the creditors:

Obligation can be performed by delivering to the creditors

jointly.

Debtor can insist that both creditors together accept the

thing due. If either refused to join the other, the debtor may
legally refuse to deliver.