Section 4

Joint and Solidary Obligation

Article 1207.
1. What is not implied when there is concurrence of two or more creditors or of two more or
more debtors in one and the same obligation?
2. When is there a solidary obligation?
3. What is a joint obligation?
4. What is a solidary obligation?
5. What is the general rule when there are two or more debtors or two or more creditors?
a. What are the exceptions?
6. What are the instances that the law imposes solidary liability?
7. May the obligation be joint on the side of the creditors and solidary on the side of the
debtors or vice-versa?
8. In the absence of any fact or law which would make the defendants solidarily liable, are
they jointly or solidarily responsible?
9. What is the liability on a judgment of an election contest?
10. What is the liability of the heirs when the father, a debtor, dies?
11. What is the liability of a debtor and the receiver of his property?
12. What is the liability, in case of accident, of a registered operator and a buyer of the
common carrier when there was no prior approval of the Commission of its sale? (What
is the liability in the case of culpa contractual?)
13. What is the liability in the case of culpa acquiliana?
14. What is the liability of two motor vehicle drivers convicted for injuries through reckless
imprudence?
15. Are joint tort-feasors jointly and severally liable for the whole amount?
Article 1208.
1. What are the presumptions when the obligation is joint?
2. What does Rules of Court governing the multiplicity of suits mean?
3. Does the statement in the brief of the lawyer convert the joint obligation in the contract
into a solidary one?
4. In the contract, liability was solidary but, in the judgment, nothing was said about the
nature of the obligation, hence it is now merely joint and not solidary. How will the
obligation now be considered? (Joint as in judgment, or solidary as in the contract?
5. What are some consequences of joint liability?
6. What is the liability of partners if it arises out of a contract?
a. What is the exception?
7. What is the liability of partners if it arises out of a crime or a quasi-delict?
8. What is the liability of agents?
9. What is the liability of co-principal in agency?
10. What is the liability of husband and wife?
 11. What is the liability of those who violated Arts. 19, 20, 21, 22?
12. What is the liability of employer and employee for the latter’s tortious act?
a. What is the exception?
13. If a contract says, “Jose or Maria will pay you P1,000,000”, should it be considered
alternative, joint, or solidary?
Article 1209.
1. What are the characteristics of this article?
2. Is there a default on other creditors in a joint indivisible obligation when one of the joint
creditors makes a demand upon one of the debtors?
Article 1210.
1. What is the difference of indivisibility from solidarity?
2. What are the first classification of kinds of solidarity?
3. What are the second classification of kinds of solidarity?
Article 1211.
1. What are the different ways in which two debtors may be bound?
2. What are the remedies of the creditor when the obligation is to be subject to different
terms and conditions?
3. When the debtors of a solidary obligation are bound by different terms and conditions,
may the creditor sue one of them?
Article 1212.
1. What should one of the solidary creditors may do and what should one of them not do?
Article 1213.
1. What is the general rule about non-assignment of rights by solidary creditor?
a. What is the exception?
Article 1214.
1. To whom must debtor pay?
a. What is the exception?
Article 1215.
1. What is novation?
a. What is its effect in the obligation to solidary creditors?
b. What if the other debtor does not consent to the novation?
c. What if the other creditor does not consent to the novation?
d. What is the effect of extension of time to the other debtor in a solidary obligation?
2. What is compensation?
a. What is its effect in obligation to solidary creditors?
3. What is confusion?
 a. What is its effect in obligation to solidary creditors?
4. What is remission?
a. What is its effect in obligation to solidary creditors?
Article 1216.
1. Against whom may the creditor proceed in solidary obligation?
2. What is the effect of not suing against all?
3. Does this article apply to joint obligation?
4. Does this article apply even if the suit is for the revival of a judgment?
5. To what classification of solidarity does this article apply?
6. What are the similarities of solidarity and suretyship?
7. What are the differences of solidarity and suretyship?
Article 1217.
1. What are the effects of payment?
2. What is the nature of liability for reimbursement?
3. What happens to the court action when the creditor sues all the debtors and one of the
debtors paid the whole amount?
Article 1218.
1. What is the effect of payment of prescribed debt?
2. What is the effect of payment of an illegal obligation?
Article 1219.
1. What is the effect of remission made after total payment had already extinguished the
obligation?
Article 1220.
1. Can a debtor, who has been remitted by a creditor for the whole obligation in a solidary
obligation, ask for reimbursement to his co-debtor?
Article 1221.
1. What is the effect of loss or impossibility?
Article 1222.
1. What are the kinds of defenses?
2. What is the effect of debtor’s death?
Section 5 (Divisible and indivisible obligations)
Article 1223.
1. What is divisible obligation? What is indivisible obligation?
2. What are the differences of solidarity and indivisibility?
 3. What are the classes of indivisibility?
4. What are the kinds of indivisibility?
Article 1224.
1. What is the effect in case there is non-compliance of the joint debtor to the joint
indivisible obligation?
Article 1225.
1. What are the obligations that are deemed indivisible?
2. What are the obligations that are deemed divisible?
3. What is the effect of illegality on a divisible contract?
Section 6 (Obligations with a penal clause)
Article 1226.
1. What is a penal clause?
2. What is the generally rule on debtor using the penal clause?
a. What are the exceptions where the general rule that the penalty takes the places of
indemnity for damages and for the payment of interest? (Instances)
3. What are the kinds of penal clause according to first classification?
4. What are the kinds of penal clause according to second classification?
5. What are the differences between penal clause and condition?
6. What are the purposes of penal clause?
7. May any penalty be demandable?
8. What are the differences of obligations with a penal clause from the facultative and the
alternative obligation?
Article 1227.
1. What is the generally rule on debtor using the penal clause?
2. Is the fact that the lessee is ready to forfeit the improvement on the estate sufficient to
prevent his being ousted from the premises in case non-performance of the obligation?
3. What is the general rule in creditor demanding from debtor penal clause?
Article 1228.
1. Is there a necessity of proving actual damages?
Article 1229.
1. When does penalty may be reduced by the court?
2. When does penal clause cannot be enforced?
Article 1230.
1. What is the effect of nullity of the penalty clause vis a vis the principal obligation?
Article 1231.
1. How is obligation extinguished?
2. Does marriage dissolve or put an end to a partnership?
3. Did civil liability dissolve in a case of estafa when the accused die?
Article 1232.
1. What is payment?
2. What is a pre-existing obligation?
3. For payment to properly exist, what must the creditor do?
4. What is the effect of payment made under a void judgment?
Article 1233.
1. What are the requisites for a valid payment?
2. How is payment or performance made?
3. What is the burden of proof of the creditor?
4. What is the burden of proof of debtor?
5. What is a means of proving payment?
6. What happens when in a usury case, the interest is usurious?
Article 1234.
1. What happens when there is a substantial performance in good faith by the obligor?
2. Can the right to rescind be used in this?
3. When does this article apply?
Article 1235.
1. Is the creditor estopped in view of his acceptance of an incomplete or irregular
obligation?
2. What is qualified acceptance?
a. What does the word “accept” mean?
Article 1236.
1. What is the general rule of the right of creditor to refuse payment by third person?
a. What are the exceptions to the general rule?
2. What are the instances when the third person may pay?
a. What are the instances when recovery can be had from the creditor and not from
the innocent debtor?
Article 1237.
1. When is there no subrogation?
2. What is subrogation?
3. What are some rights which may be exercised by the person subrogated in the place of
the creditor?
 4. Suppose a payor pays the creditor with the express or implied consent of the debtor, what
are the rights of the payor?
5. What are the differences of subrogation and reimbursement?
a. What is their similarity?
Article 1238.
1. When is payment by stranger deemed a donation?
Article 1239.
1. What is the general rule in payment by an incapacitated person?
a. What is the exception?
Article 1240.
1. To whom must payment be made?
2. What is the effect of payment made to authorized entities?
Article 1241.
1. When is payment to a person incapacitated to manage or administer his property valid?
a. Who has the burden of proving that the payment has benefited the incapacitated
payee?
b. In proving that the incapacitated payee really benefited from the payment, is it
necessary for the payor to prove that the payee invested the thing or money
delivered in some profitable enterprise?
c. What if there was no benefit, what remedy is given?
2. What is the general rule of payment to third party?
a. Payment must be proved except to three instances.
Article 1242.
1. What are the requisites of payment made in good faith to a person in possession of the
credit?
Article 1243.
1. What is payment made after judicial order to retain?
2. What is garnishment?
3. In a pending garnishment, may the debtor be judicially ordered to pay the creditor of his
debtor?
4. What is an interpleader?
5. What is an injunction?
Article 1244.
1. Is this article applicable to personal positive and negative obligations?
2. What are the instances when this article does not apply?
Article 1245.
1. What is dation in payment?
2. What are the differences between sales and dation in payment?
3. What are the conditions under which a dation in payment would be valid?
Article 1246.
1. What does the waiver entail?
2. When is contract void?
Article 1247.
1. May the debtor pay generally for extra judicial expenses?
a. When is there an exception?
2. How are judicial costs determined?
3. Can costs against the government be allowed?
Article 1248.
1. What are the exceptions in which partial performance is allowed?
Article 1249 (kulang pa).
1. What is a legal tender?
2. What table conversion of exchange rates must be used if there is a court judgment?
Article 1250.
1. What is inflation?
2. What is deflation?
Article 1251.
1. Where must payment be made?
2. What is the consequence if the payment was not made in designated place?
Subsection 1 (Application of payments)
Article 1252.
1. What are the four special forms of payments?
2. What is an “application of payments”?
3. What are the requisites for application of payment to be made use of?
4. What are the rules for debts not yet due be applicable in application of payments?
5. Who has the right to select which of the debts is payed?
a. What are the exceptions?
6. How is application of payment made?
7. What happens when the application is made by creditor without the knowledge and
consent of the debtor?
 8. Once an application of payments is made, may it be revoked?
9. When must application be made?
10. When is application of payments cannot be availed of?

Article 1253.
1. What must be paid first if a debt produces interest?
2. What is the effect if payment is credited to the principal?
3. What interest if supposed to be paid?
Article 1254.
1. What is the rule in case no application of payment has been voluntarily made?
2. If one debt is for 1 million, and another is for 2 million and only 1 million is paid, how
will payment be applied?
3. What are samples of more burdensome or more onerous debts?
Subsection 2 (Payment by cession)
Article 1255.
1. What is cession or assignment in for of creditors?
2. What are the kinds or classes of assignment?
3. What are the requisites for a voluntary assignment?
4. What is effect of voluntary assignment?
a. What are some properties that should not be assigned?
5. What is the difference between dacion en pago and cession?
Subsection 3 (Tender of payment)
1. What is tender of payment?
2. What is consignation?
3. What is the difference of tender of payment from consignation?
Article 1256
1. What is the effect of tender of payment without consignation?
2. When does consignation not required?
3. When is creditor justified in refusing tender of payment?
a. What are the requisites?
4. What happens if after the tender, consignation is done very much later?
5. What happens when a certified check is tendered but refused on the ground other than the
fact that it is not a legal tender?
a. Is the debt extinguished?
b. Did interest run from the date of tender?
6. When is consignation enough even without a prior tender?
Article 1257.
1. What are the essential requisites of consignation?
2. What are the instances when there is no valid debt?
3. Is the notice of consignation valid in giving notice to the creditor by the debtor’s
intention to take the case to court, if tender is rejected?
4. Is the notice essential if the sum to be deposited is the sum due under a final judgment?
5. What does consignation presuppose?
6. How is actual consignation made?
7. What are the effects of deposit?
8. What must the judgment debtor do if the judgment creditor refuses to receive the
payment?
9. What must be the form of a second notice?
a. What is the other form of a second notice?
Article 1258.
1. What is the proof needed for consignation to be valid?
Article 1259.
1. Who shall shoulder the expenses of consignation when properly made?
2. What does the expense include?
Article 1260.
1. What are the effects if consignation has been duly made?
2. Is there a need for a valid consignation if all the essential requisites are present?
3. Who shall bear the loss if the consignation is judicially approved or if all the essential
requisites are present or if the creditor has signified his acceptance?
4. What are the effects of improper consignation?
5. What is the effect of dismissal of case?
6. Suppose one of the essential requisites for consignation is not present, may the debtor ask
for cancellation of the obligation?
7. When may debtor withdraw the thing of sum consigned?
8. How can the creditor prevent the debtor from exercising the right to withdraw the thing
consigned?
Article 1261.
1. What are the effects of the creditor giving the debtor the authority to withdraw
consignation?
a. What kind of co-debtors are referred to?
b. From what debt are they released?
Article 1262.
1. When is there a loss?
 2. What impossibility of performance includes?
3. Do employees working on a Sunday have a right to be payed by the company if a law is
passed prohibiting working on a Sunday?
4. Is there liability when there is already a compliance with the terms of the bond by the act
of purchasing the property?
5. When is an obligation in the delivery of a determinate thing extinguished?
a. When is an obligation in the delivery of a thing not extinguished?
6. What are the kinds of the obligation to give?
7. What is the general rule if there is a loss on an obligation to deliver a specific thing?
a. When should the loss be incurred?
b. Who bears the loss when the mortgaged property is lost?
8. What happens if the specific thing itself is extinguished?
9. Will a claim before the date of discharge of the last package from the carrying vessel be
regarded as premature and speculative?
10. What are the instances when the law requires liability even in the case of a fortuitous
event?
Article 1263.
1. What happens when in an obligation to deliver a generic thing it was lost or destroyed?
2. What are the exemptions of this?
3. Is an obligation to pay money such as one under pension be considered generic?
4. Is the borrower still liable for the loan despite the destruction of the crops by someone
else?
Article 1264.
1. What will happen if there is a partial loss of the object of the obligation?
Article 1265.
1. What is the presumption when a thing is lost in the possession of the debtor?
2. When is presumption not applicable?
Article 1266.
1. When is the debtor in obligations to do be released?
2. When must possibility exists?
3. Example of legal impossibility; example of physical impossibility.
4. Is the person’s obligation to pay the price extinguished when it was destroyed by a
fortuitous event?
5. If the act is subjectively impossible but otherwise objectively possible, is the obligation
extinguished?
 6. What is the effect of loss through a fortuitous event in reciprocal obligations?
7. What are the exemptions?
8. Is this applicable to partial impossibility?
Article 1267.
1. What happens when the service has become so difficult as to be manifestly beyond the
contemplation of the parties?
2. What obligation is the article not applicable?
3. What are the requisites of Article 1267 to apply?
Article 1268.
1. What is the effect of loss in criminal offense?
2. What is the exception?
3. If the creditor refuses to accept the thing due from the criminal, what is the remedy of the
criminal?
Article 1269.
1. What happens (to the creditor) when the obligation is extinguished by the loss of the
thing?
2. What are the reasons for the transfer of rights?
3. What is right of action?
4. Is the insurance money liable for the damages sustained by the second vessel even though
it was the first vessel who was at fault but sank?
Article 1270.
1. What is condonation or remission? Does it require the acceptance by the obligor?
2. What form should condonation or remission be made?
3. What should the express condonation comply?
4. What are the essential requisites for remission?
5. What are the classes of remission?
6. What is the effect if remission is not accepted by the debtor?
7. What does remission include?
8. What happens when waiver or abandonment is defective?
Article 1271.
1. What does the delivery of a private document evidencing a credit, made voluntarily by
the creditor to the debtor imply?
2. What should the debtor and his heirs do in order to nullify the waiver?
3. What is the effect of delivery of private document evidencing the credit?
4. Can a mere fact that the creditor has omitted a certain debt or the name of the debtor from
an inventory made by him imply a tacit remission?
5. Should falsehood be allowed?
 6. What should prevail between the presumption of remission and the presumption of
payment?
Article 1272.
1. What is the presumption when the private document in which the debt appears is found in
the possession of the debtor?
2. What is the rule if the instrument of credit is still in creditor’s hands?
3. What is the effect of the presumption in joint and solidary obligation?
Article 1273.
1. What is the effect of the renunciation of the principal debt?
2. What is the effect of the renunciation of the accessory obligation?
Article 1274.
1. What is the presumption when after the delivery of the thing pledged to the creditor, it is
found in the possession of the debtor, or of a third person who owns a thing?
2. Is possession by third person necessary to be able to use the presumption?
Article 1275.
1. When is obligation extinguished in the merger of rights?
2. What is merger or confusion?
3. What are the requisites of a valid merger?
4. What is the effect of transfer of rights?
5. What happens when real rights are extinguished?
6. How can confusion or merger be revived?
7. What is the effect if mortgagee becomes the owner of the mortgaged property?
Article 1276.
1. Who benefits the merger which takes place in the person of the principal debtor?
2. What happens when there is confusion which takes place in the person of any of the
guarantors?
3. What is the effect of merger to guarantors?
Article 1277.
1. What does confusion not extinguish?
Article 1279.
1. What is/are the legal affirmative requisites for compensation to be proper?
2. What is/are the legal negative requisites for compensation to be proper?
3. What instances are compensation prohibited?
4. What are the requisites of the first legal affirmative requisites?
5. Can there be compensation if in the second legal affirmative requisite, the substitution if
from specific to generic?
 6. What is the meaning of due?
7. What is the meaning of demandable?
8. If one of the debts have already been prescribed, can there still be compensation?
9. What are liquidated debts?
10. Can there be a set-off or compensation if the alleged damage was still unliquidated?
Article 1280 (Exception to Article 1279).
1. What can the guarantor set up as regards to what the creditor may owe the principal
debtor?
Article 1281.
1. What are the classes of compensation according to its effect or extent?
Article 1282.
1. What is a conventional or voluntary compensation?
2. Do the requisites of Article 1279 applicable in voluntary compensation?
3. What are the requisites of conventional or voluntary compensation?
4. What is the difference between legal compensation from conventional compensation?
Article 1283.
1. What should be done when one of the parties to a suit over an obligation has a claim for
damages against the other?
2. All the requisite of Article 1279 must be present except for one requisite. What requisite?
3. What should be done for the court to accord declare the compensation?
4. What is the jurisdiction of the court regarding the value of the demand?
a. What are the exceptions?
Article 1284.
1. Can there be compensation when one or both debts are rescissible or voidable?
Article 1285.
1. What are the three cases cover by the Article?
2. What is the general rule on compensation of debts?
a. What is the exception to the said rule?
b. What is the exception to the exception?
3. What is the effect of the first case?
a. What is the exception?
4. What is the effect of the second case?
5. What is the effect of the third case?
a. What is the critical time?
Article 1286.
 1. What happens when the compensation takes place by operation of law and debts are
payable at different places?
2. What is indemnity for expenses of transportation?
3. What is indemnity for expenses of exchange?
4. What is foreign exchange?
Article 1287.
1. When does legal compensation cannot take place?
2. What are some of these obligations of a depository?
Article 1288.
1. Can compensation take place when one of the debts consists in civil liability arise from a
penal offense?
2. Can the victim claim compensation?
Article 1289.
1. What rule shall apply if a person should have against him several debts which are
susceptible of compensation?
Article 1290.
1. What are the effects if all the requisites in Art. 1279 are present?
Section 6 (Novation)
Article 1291.
1. How may obligations be modified?
2. What is the dual purpose of novation?
a. What does a partial novation do to the obligation?
3. What are the kinds of novation according to its object or purpose?
4. What are the kinds of novation according to the form of its constitution?
5. What are the kinds of novation according to its extent or effect?
a. Are expressed novation presumed?
6. What are the four requisites of a valid novation?
a. What is the effect of a void obligation?
b. What is the effect of a voidable obligation?
7. Can novation extinguish criminal liability?
Article 1292 (kulang pa).
1. How does implied novation may be made?
a. Is the change of the object, cause or principal terms and conditions presumed?
Article 1293.
1. What are the two kinds of personal or objective novation?
 2. What are the two forms of passive subjective novation?
3. What is expromision?
a. What are its requisites?
b. What is not required from the old debtor?
4. What is delegacion?
a. Who are the parties in delegacion?
b. What are the requisites of delegacion?
5. What are the rights of the debtor?
6. What is the effect of novation being a civil law concept?
Article 1294.
1. What is the effect of insolvency or non-fulfillment by new debtor in expromision?
2. The Article says “if the substitution is without the knowledge or against the will of the
debtore. Now, then, suppose it was with the knowledge or consent of the old debtor, will
this Article still apply?
Article 1295.
1. What is the effect of insolvency by new debtor in delegacion?
2. What are the requisites to hold debtor liable?
3. When does the article not apply?
Article 1296.
1. What is the effect of accessory obligation?
2. If the novation is merely modificatory, are guarantors and sureties released, if the
novation is made without their consent?
3. May it be agreed that despite the extinguishment of the old obligation, the accessory
obligations would remain as accessory to the new obligation?
4. What is the effect of stipulation pour autrui?
Article 1297.
1. What is the effect if the new obligation is void?
a. What are the other factors?
2. What are the rules if new obligation is merely voidable?
3. What is the exception to the rule that there is no novation if the new obligation is void?
Article 1298.
1. What is the effect if the old obligation is void?
2. What is the rule if the obligation was voidable?
3. May an old obligation that has ben extinguished by loss of the subject matter be novated?
4. May a prescribed obligation be the subject of novation?
5. What is the effect on a voidable obligation of novation by expromision?
Article 1299.
 1. What is the effect if the original obligation was conditional?
a. What is the exception?
Article 1230.
1. What is subrogation?
2. What are the kinds of subrogation according from the viewpoint of cause or origin?
3. What are the kinds of subrogation according from the viewpoint of extent?
4. Is legal subrogation presumed?
5. Must conventional subrogation be established?
Article 1231.
1. What does conventional or voluntary subrogation require?
2. What are the distinctions between conventional subrogation and assignment of credit?

Article 1232.
1. What are the instances when legal subrogation is presumed?
Article 1233.
1. What are the effects of subrogation?
2. What is the effect of presence of a suspensive condition?
Article 1234.
1. What is partial subrogation?
2.