JOINT AND SOLIDARY

OBLIGATIONS
 INDIVIDUAL OBLIGATION

1 CREDITOR
1 DEBTOR
 COLLECTIVE OBLIGATION
● 2 OR MORE DEBTORS
1 CREDITOR
● 1 DEBTOR
2 OR MORE CREDITORS
● 2 OR MORE DEBTORS
2 OR MORE CREDITORS
COLLECTIVE OBLIGATION
MAY BE
JOINT OR SOLIDARY
 JOINT OBLIGATION
2 OR MORE DEBTORS 2 OR MORE CREDITORS

● OBLIGATION IS TO BE ● OBLIGATION IS TO BE
FULFILLED DEMANDED
PROPORTIONATELY PROPORTIONATELY
BY DIFFERENT DEBTORS BY DIFFERENT
CREDITORS
 SOLIDARY OBLIGATION
2 OR MORE DEBTORS 2 OR MORE CREDITORS
aka PASSIVE SOLIDARITY aka ACTIVE SOLIDARITY

● EACH 1 OF THE ● EACH 1 OF THE

DEBTORS IS BOUND TO CREDITORS HAS A RIGHT
TO DEMAND FROM ANY 1
RENDER ENTIRE
OF THE DEBTORS ENTIRE
COMPLIANCE WITH
COMPLIANCE WITH THE
PRESTATION PRESTATION
 GENERAL RULE:
OBLIGATION IS
PRESUMED TO BE
JOINT.
EXCEPTIONS (or when is an obligation
considered solidary):
1. When the obligation so states
(aka CONVENTIONAL SOLIDARITY)
EXCEPTIONS (or when is an obligation
considered solidary):
2. When the law requires solidarity
(aka LEGAL SOLIDARITY)
EXCEPTIONS (or when is an obligation
considered solidary):
3. When the nature of the obligation
requires solidarity
(aka REAL SOLIDARITY)
 ACTIVE SOLIDARITY
General rule: Fulfillment of obligation in favor
of ONE CREDITOR fulfills the obligation.
● But where there is a demand from one of the creditors,
fulfillment must be given to the demanding creditor, otherwise,
if the creditor who received does not reimburse his co-creditors,
debtor is still liable
● Purpose: to avoid confusion
● A1214
 ACTIVE SOLIDARITY

● One creditor may demand full payment of

the obligation from debtor/s for the
fulfillment of the obligation
● Receipt of a creditor of the prestation
makes him/her liable to co-creditors
 ACTIVE SOLIDARITY

Creditor may do things which are beneficial/

useful but not acts which are prejudicial.
● Prejudicial acts made by a creditor will bind debtor/s
● Erring creditor will be liable to his/her co-creditors
● A1212, A1215
 ACTIVE SOLIDARITY

Creditor cannot assign his rights without the

consent of co-creditors.
● Exception: when the assignment is in favor of another
co-creditor
● A1213
 PASSIVE SOLIDARITY

CREDITOR MAY DEMAND PAYMENT FROM:

● One, some, OR all of the debtors
● Simultaneously or successively
● A1216
 PASSIVE SOLIDARITY

Fulfillment of the obligation by ANY of

the debtors fulfills the obligation.
A1217
 PASSIVE SOLIDARITY

If more than one debtor offers to

fulfill obligation, creditor may choose
which offer to accept. A1217
 PASSIVE SOLIDARITY
The debtor who fulfills obligation may
demand reimbursement from co-debtors
● Reimbursement is in proportion to each debtor’s debt (obligation
becomes joint)
● If one debtor is insolvent, the solvent debtors shall assume share of
insolvent pro rata
● No reimbursement if payment is made after the obligation PRESCRIBES
or becomes ILLEGAL.
● A1217, 1218
 PASSIVE SOLIDARITY
The debtor who fulfills obligation may
demand reimbursement from co-debtors
● Co-debtor is still liable even if the creditor forgives an obligation
if the obligation has been fulfilled before the forgiveness thereof
● But if forgiveness came before fulfillment of obligation, there is
solutio indebiti
● A1219
 PASSIVE SOLIDARITY

If the creditor forgives the obligation in favor

of a one debtor, said debtor cannot seek
reimbursement from co-debtors. A1220
 PASSIVE SOLIDARITY
EFFECT OF LOSS

● Without the fault and before delay: obligation is

extinguished
● Due to the fault of any of the debtor OR with delay:
ALL debtors shall be liable to the creditor, but
co-debtors may proceed against the guilty debtor
 DIVISIBLE
and
INDIVISIBLE
OBLIGATIONS
 DIVISIBLE OBLIGATION
● The object is capable of partial fulfillment

INDIVISIBLE OBLIGATION
● The object is not capable of partial fulfillment either:
1) by nature, 2) by law, or 3) by agreement of the
parties
● The creditor CANNOT be compelled to accept partial
fulfillment of an indivisible obligation
 INDIVISIBLE OBLIGATION
By its nature, the object/prestation does not admit of
division

● aka NATURAL INDIVISIBILITY

● A1225, paragraph 3
 INDIVISIBLE OBLIGATION
Because of a specific provision of law, the
object/prestation is declared as indivisible even if by its
nature, the same is divisible.

● aka LEGAL INDIVISIBILITY

● A1225, paragraph 1
 INDIVISIBLE OBLIGATION
Because of the will of the parties, the object/prestation is
declared as indivisible even if by its nature, the same is
divisible.

● aka CONVENTIONAL INDIVISIBILITY

● A1225, paragraph 3
NOTES:
Do not confuse
DIVISIBILITY OF AN OBLIGATION
with
DIVISIBILITY OF AN OBJECT
NOTES:
Do not confuse
SOLIDARITY
with
INDIVISIBILITY
NOTES:
If obligation is JOINT and INDIVISIBLE:
● The creditors must proceed against ALL
debtors
● In case of insolvency of a debtor, the
co-debtors cannot be made liable.
● A1209
OBLIGATION WITH A
PENAL CLAUSE
 OBLIGATION WITH A PENAL CLAUSE
● Involves TWO separate obligations:

OBLIGATION WITH A PENAL CLAUSE

● PRINCIPAL OBLIGATION ● ACCESSORYOBLIGATION

● Can stand by itself
● Validity and existence
does not depend upon
another obligation
● A1230
● Cannot stand by itself
● Attached to the principal
obligation
● A1230
 OBLIGATION WITH A PENAL CLAUSE
● An obligation which contains an accessory
undertaking to pay a previously stipulated indemnity
in case of breach of the principal prestation.
● PURPOSE:

1) To ensure performance of an obligation

2) To punish debtor for non-fulfillment or violation of

the obligation
 OBLIGATION WITH A PENAL CLAUSE
Penalty is emandable when:
● There is law/stipulation; and
● There is breach.
 OBLIGATION WITH A PENAL CLAUSE

● Penalty is REDUCED if iniquitous or where

there is partial fulfillment of an obligation
● A1229
NOTE:
● Do not confuse with DISTRIBUTIVE/ALTERNATIVE
OBLIGATION
● Debtor cannot choose between compliance with the
principal obligation and fulfillment of the penalty
● Creditor cannot demand BOTH performance and
penalty
-if performed: no penalty
-If not performed: creditor must CHOOSE between
performance and penalty
● A1227
NOTE:
● If creditor proves non fulfillment of
obligation, s/he entitled to receive the
penalty.
● Creditor no longer have to prove damages
suffered.
● A 1228