JOINT AND SOLIDARY OBLIGATIONS

1. Definitions
Define or give meaning of the following:
(a) Joint Obligation. 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.
(b) Solidary Obligation. Solidary obligation or one where each 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.

(c) Active Solidarity. Solidarity on the part of the creditors, where any one of
them can demand the fulfillment of the entire obligation. Its essential
feature is the mutual representation among the solidary creditors with
powers to exercise the rights of others in the same manner as their rights.

Example. Chester Arthur is liable for P10,000 in favor of Grover Cleveland

and Benjamin Harrison, who are solidary creditors.

Chester Arthur may pay either Grover Cleveland or Benjamin Harrison. So

long as the entire debt is not paid, Grover Cleveland or Benjamin Harrison
can demand payment from Chester Arthur.

If Grover Cleveland (or Benjamin Harrison) received payment, he is liable to

Benjamin Harrison (or Grover Cleveland) for the latter’s share in the credit
according to their agreement.

The liability of Chester Arthur cannot exceed P 10,000 which is the extent
of his liability.

Example. The obligation of William Mckinley is to pay P 10,000 to either

Theodore Roosevelt and William Howard Taft.

In this case either Theodore Roosevelt or William Howard Taft, may

demand payment from William Mckinley, unless it clearly appears that the
intention of the parties is to give William Mckinley the right to choose
without to pay.

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(d) Joint Indivisible Obligation. The obligation is joint because the parties are
merely proportionately liable. It is indivisible because the object or subject
matter is not physically divisible into different parts. In other words it is
joint as to liabilities of the debtors or rights of the creditors but indivisible
as to compliance.

(e) Solidary Divisible Obligations. Solidary Divisible Obligations - Parties

are merely proportionately liable to the object/ subject matter which
are physically divisible into different parts. ... If one of the latter
should be insolvent, the others shall not be liable for his share. =
Payment to any of the solidary creditors.

2. Discussions

1. If there are two (2) or more debtors in one and the same obligation, is their
liability joint or solidary? Explain

a.) There are as many debts as there are debtors;

b.) There are as many credits as there are creditors;
c.) The debts and/or credits are considered distinct and separate from one
another;
d.) Each debtor is liable only for a proportionate part of the debt and;
e.) Each creditor is entitled only to a proportionate part of the credit.

2. In case of active solidarity, to whom shall the debtor or debtors make

payment?

Active Solidarity. Solidarity on the part of the creditors, where any one of
them can demand the fulfillment of the entire obligation. Its essential
feature is the mutual representation among the solidary creditors with
powers to exercise the rights of others in the same manner as their rights.

3. Give the effect of the condonation or remission of a debt by one of several

creditors where:

(a) the obligation is joint;

William Howard Taft and Woodrow Wilson, executed jointly and

severally a promissory note for P 2,000 in favor of Warren Harding.
Warren Harding remitted the whole obligation out of regard for William
Howard Taft.
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 William Howard Taft is not entitled to reimbursement from Woodrow
Wilson, since William Howard Taft did not pay anything to Warren
Harding.

If only P 1,300 is remitted, Woodrow Wilson is still liable to Warren

Harding for P 700. Woodrow Wilson is has no obligation to reimburse
William Howard Taft for the P 300 of William Howard Taft’s share
affected by the remission for the same that no payment was made by
William Howard Taft.
(b) the obligation is solidary.

The remission of the whole obligation obtained by one of the solidary

debtors, does not entitle him to reimbursement from his co-debtors.
(Article 1220)

The debtor who obtains remission pays nothing to the creditor.

Remission is essentially gratuitous. It really a donation.

4. In case of remission is made by a creditor of the share of the solidary

debtors, is the said debtor released from responsibility to his co-debtor/s?
Explain.

The debtor is released from responsibility to his co-debtors. (He who

obtains remission pays nothing to the Creditor).

5. Suppose a solidary debtor obtained remission of the whole obligation, is he

entitled to reimbursement from his co-debtor? Explain.

The remission of the whole obligation obtained by one of the solidary

debtors, does not entitle him to reimbursement from his co-debtors.
(Article 1220)

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 3. Quizzes
Explain or state briefly the rule or reason for your answer.

1. George Washington, John Adams, and Thomas Jefferson bind themselves

to pay James Madison P 30,000. Only George Washington received the
money as per agreement between George Washington, John Adams and
Thomas Jefferson. On the due date of the obligation, has George
Washington the right to demand the full payment of P 30,000 from Thomas
Jefferson alone?

2. James Monroe, John Quincy Adams and Andrew Jackson promised to pay
Martin Van Buren, solidarily P 30,000 on or before September 10, without
the need of demand. On September 9, John Monroe paid the whole P
30,000 to Martin Van Buren.
(a) How much can James Monroe collect from John Quincy Adams and
Andrew Jackson?
(b) May James Monroe collect interest from John Quincy Adams and
Andrew Jackson?
(c) Suppose Martin Van Buren turns out to be insolvent, how much can
John Monroe collect from John Quincy Adams?

3. William Henry Harrison owes John Tyler and James Polk, solidary creditors,
the sum of P 20,000:

(a) Can James Polk condone the debt without the consent of John Tyler?
(b) Can James Polk assign his rights without the consent of John Tyler?

4. Zachary Taylor, Milliard Filmore and Franklin Pierce, are solidarily liable to
James Buchanan. For their failure to pay, James Buchanan filed a complaint
in court but only against Franklin Pierce. Has Frankling Pierce have the
right to demand that Zachary Taylor and Milliar Filmore be also included as
party defendants?
5. Abrahm Lincoln, Andrew Jackson and Ulyses Grant, co-owners, sold a
printing equipment to Rutheford Hayes. They solidarily bound themselves
to deliver the equipment on a certain date. Through the fault of Ulyses
Grant, the equipment was completely destroyed. Give the rights and
obligations of the parties?

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