Section 4.

Joint and Solidary Obligation

Article 1208-1212

Joint Obligation (obligación mancomunada)

 An obligation where there is a concurrence of several creditors, or of
several debtors, or several creditors and debtors, by virtue of which each
creditors has a right to demand, and each of the debtors is bound to render
compliance with his proportionate part of the prestation
Solidary Obligation (obligación solidaria)
- Each of creditors is entitled to demand the payment of the entire credit, while
each of the debtors is liable for the payment of the entire debt.

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 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.
Joint Divisible Obligations

 The most fundamental Effect of Joint Divisible Obligations

o CREDITOR: creditor can only demand for the payment of his
proportionate share of the credit
o DEBTOR: debtor can be held liable only for the payment of his
proportionate share of the debt
 The credit or debt in the absence of any law or stipulation to the contrary,
shall be presumed to be divided into as many shares as there are creditors and
debtors
 The credits or debts considered distinct from one another

Art 1209. If the division is impossible, the right of creditors may be prejudiced
only by their collective acts, and only proceeding against all the debtors can enforce
the debt. If one of the debtors should be insolvent, the others shall both be held
liable for his share.

Joint Indivisible Obligations

 Midway between joint and solidary obligation

Fundamental Characteristics

1. No creditor can act in representation of others

2. No debtor can be compelled to answer for the liability of the others
Other Characteristics
1. If there are 2 or more debtors, the fulfillment or compliance requires
concurrence of all the debtors
a. Example: 3 debtors are obligated to deliver a horse
2. If there are 2 or more creditor, the concurrence or collective act of all the
creditors
Art. 1210. The indivisibility of an obligation does not necessarily give rise to
solidarity. Nor does solidarity of itself imply indivisibility.

Indivisibility and Solidarity

 Indivisibility and Solidarity are not identical

Art. 1211. Solidarity may exist although the creditors and the debtors may not be
bound in the same manner and by the same period and conditions.

Kinds of Solidarity

1. Active (among creditors)

a. Definition: a tie existing among several creditors of one and the same
obligation by virtue of which each of them, possesses the character of
creditor only with respect to his share in the obligation, but in relation
to the common debtor or debtors, represents all of the other creditors
2. Passive (among debtors)
a. Definition: a tie existing among several debtors of one and the same
obligation, in relation to his co-debtors, possesses the character of
debtor only with respect to his share to the obligation, but in relation to
the common creditor or creditors, represents all of the other debtors.
3. Mixed (among creditors and debtors)

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.

Effect of Beneficial and Prejudicial Act

 As consequence of mutual agency, each one of the creditors may do whatever

may be useful or beneficial to the others but not anything which may be
prejudicial to the latter
 As far as debtor or debtors are concerned, a prejudicial act performed by a
solidary creditor shall be valid and binding because of the principle mutual
representation
 As far as the creditors are concerned, the creditor who performed the act shall
incur the obligation of indemnifying the others damages