Joint and Solidary Obligations:

Article 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.

Article 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 debit shall be presumed to be
divided into as many 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.

Kinds of Obligations according to the number of parties;

They are:

(1) Individual Obligation – one where there is only one (1) obligor or one (1) obligee and;
(2) Collective Obligation – one where there are two or more debtors and /or two or more creditors. It
may be joint or solidary.

MEANING OF JOINT AND SOLIDARY OBLIGATIONS

1. JOINT OBLIGATION or one where the whole obligation is to be paid or fulfilled proportionately by the
different debtors and / or is to be demanded proportionately by the different creditors. (Art. 1208)

2. SOLIDARY OBLIGATIONS or one where each one of the debtors is bound to render, and / or each one
of the creditors has a right to demand from any of the debtors, entire compliance with the prestation.

COLLECTIVE OBLIGATION PRESUMED TO BE JOINT.

(1). If A is liable to B for 9,000, there can be no problem regarding the determination of the following:
(a) the person liable to pay;
(b) the person entitled to demand the payment;
(c) the extent of the liability of the debtor; and
(d) the extent of the right of the debtor

(2). Where there is a plurality of parties (two (2) or more debtors and / or two or more creditors) and
the share of each in the obligation is specified, the correlative rights and obligations of the parties are
known.