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 of the wording of the obligations to which the preceding article refers, the
contrary does not appear, the credit or debt shall be presumed be divided into as many equal 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.”

I. Kinds of obligations according to the number of parties

A. Individual obligation
1. One debtor or one creditor
B. Collective obligation
1. One or more debtors and/or two or more creditors
2. Two kinds
i. Joint obligation
 Paid proportionately by debtors
 Received proportionately by creditors
ii. Solidary obligation
 Any debtor is bound to render and any creditor can demand from any
debtor the entire compliance of the prestation
II. Collective obligation presumed to be joint
A. If there is a plurality to parties
1. Share of each in the obligation is specified in the agreement
 Cannot collect nor receive more than specified amount
2. If shares are not specified, then it is presumed to be joint
 Consequences
i. As many debts as debtors
ii. As many credits as creditors
iii. Debts and/or credits are considered distinct and separate
iv. Debtor is liable for a proportionate part of debt
v. Creditor is only entitled to a proportionate part of credit
II. Presumption subject to rules on multiplicity of suits
 The presumption in this article prevents the filing of two or more suits for a single cause
II. Words to indicate joint liability
A. Mancomunada
B. Mancomunadamente
C. Pro-rata
D. Proportionately
E. “we promise to pay” signed by two or more portions
II. When obligation solidary
 A. There is solidary liability only when
1. Obligation expressly so states
2. Law requires solidarity
3. Nature of the obligation requires solidarity
III. Words used to indicate solidary liability
A. It is sufficient to declare that the entire obligation can be demanded from any one of the debtors
B. Solidaria
C. in solidum
D. juntos o separadamente
E. “I promise to pay” signed by two or more persons
II. Kinds of solidarity
A. According to the parties bound
1. Passive solidarity
 Solidarity on part of the debtors
 Anyone can fulfil the entire obligation
 Creditor can demand from any of debtors
2. Active solidarity
 Solidarity on part of the creditors
 Anyone can demand the fulfilment of the obligation
 Debtor can pay to any creditor
3. Mixed solidarity
 Each one of the debtors can render the entire obligaiton
 Each one of the creditors has a right to demand the entire obligation
B. According to source
1. Conventional solidarity
 Solidarity is agreed upon by parties
 If not then it is joint
2. Legal solidarity
 Solidarity is imposed by law
3. Real solidarity
 Solidarity is imposed by nature of obligation
 Generally vague but can be said that these are the obligation in which it was
the intention of the law for it to be solidary but it was not expressly said so

Article 1209

“If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt
can be enforced only proceeding against all the debtors. If one of the latter should be insolvent, the others shall
not be liable for his share.”

I. Joint indivisible obligation

 Joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance
A.If one debtor is unwilling to comply then obligation is turned into an action for damages
that are to be equally divided
 Unwilling debtor is liable for damages to creditor/s and to fellow debtor/s if
any
 B. Debtor can demand the presence of all creditors when delivering the object and if one
creditor refuses, debtor can refuse to comply with obligation
C. Creditors are entitled to proportional shares of damages
D.No creditor can act without consent of the other creditors

Article 1210

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

I. Indivisibility: solidarity distinguished

A. Prestation: juridical tie (in terms of indivisibility)
B. Debtor guilty of breach is liable: all debtors are liable
C. Can exist with one debtor and/or creditor: has to have at least two debtors/creditors
D. Not liable in case one debtor is insolvent: debtors will be proportionately liable for said debtor

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.”

I. Kinds of solidary obligation according to the legal tie

A. Uniform
 Parties are bound by same stipulation
B. Non-uniform/ varied
 Parties are not subject to same stipulation
II. Solidarity not affected by diverse stipulations
 Ang hirap isummarize, read examples on page 154 na lang 