ARTICLE 1210

The invisibility of an obligation does not necessarily give rise to solidarity. Nor does
solidarity of itself imply indivisibility.

Indivisibility and solidarity distinguished.

The differences are:
(1) Indivisibility refers to the prestation, while solidarity refers to the juridical or legal
tie that binds ties.
EXAMPLE: Anna and Bea are jointly liable to deliver to Clyde a particular car. Here,
the prestation is indivisible but the liability of Anna and Bea is joint. We have what is
called joint indivisible obligation.
(2) In indivisible obligations, only the debtor guilty of breach of obligation is liable
for damages, while in solidary obligations, all of the debtors are liable for the breach
of the obligation committed by a debtor.
EXAMPLE:
If Anna and Bea obliged themselves solidarily to give the car to Clyde, we have a
solidary invisible obligation- the obligation is invisible and the liability of A and B is
solidary. To put it in another way, we have a solidary obligation the subject matter of
which is indivisible.
(3) Indivisibility can exist although there is only one debtor and one creditor, while in
solidarity, there must be at least two debtors and two creditors
EXAMPLE:
A solidary obligation does not necessarily mean that the obligation is also indivisible.
Thus, were Anna and Bea promised in solidum to pay Clyde P10,000, we have an
example of a solidary divisible obligation.
(4) In indivisible obligations, the other are not liable in case of insolvency of one
debtor, while in solidary obligations, the other debtors are proportionately liable.
EXAMPLE:
Now, if A and B are jointly liable to pay Clyde P1,000, what we have is a joint
divisible obligation. Money is divisible.

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

Kinds of solidary obligation according to the legal tie:

1. UNIFORM- when the parties are bound by the same stipulations.
2. NON-UNIFORM OR VARIED- when the parties are not subject to the same
stipulations.

Solidarity not affected by diverse stipulations.

(1) Essence of solidarity- It consist in the right of each creditor to enforce the rights of
all and the liability of each debtor to answer for the liabilities to all.
(2) Action against any of the solidary debtors- The creditor may bring his action in
toto against any of the solidary debtors less the shares of the other debtors with
unexpired terms or unfulfilled conditions who are entitled to defenses under article
1222.
(3) Liability of any solidary debtor for entire obligation- The parties may stipulate that
any solidary debtor already bound may be made liable for the entire obligation.
ARTICLE 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.

Act of solidary creditor useful/prejudicial to others

A solidary creditor may do any act beneficial or useful to the others but he cannot
perform any act prejudicial to them. If he performs such act and as a result the
obligation is extinguished, he shall be responsible to the others for damages. As far as
the debtor or debtors are concerned, the act shall be valid and binding.
EXAMPLE:
Aron owes Bryan and Carl, solidary creditors, the sum of P10,000, Bryan make a
demand for the payment of the obligation for this will benefit Carl. Under the law, the
prescription of action is interrupted when they are filed before the court. So also, if
Bryan collects from Aron, Carl will be benefited.
In case of remission or condonation effected by Bryan, the obligation will be
extinguished but since Carl cannot be prejudiced by the remission, Bryan has to
reimburse Carl for the latter’s share.

ARTICLE 1213
A solidary creditor cannot assign his rights without the consent of the others.

Assignment by solidary creditor of the rights

In the absence of consent given by the others, a solidary creditor cannot assign his
rights to a third person. The reason behind this prohibition is that each creditor
represents the others and the assignee may not have the confidence of the original
solidary creditors considering that the assignee after receiving payment may not give
the shares of the others.
If the assignment is made to a co-creditor, the consent of the other creditors is not
necessary.