JOINT AND SOLIDARY OBLIGATIONS

Art 1207 and Art 1208

Art. 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 (creditors) has a right to demand, or that each one
of the latter (debtors) 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. (1137a)

Art. 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 debt 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.

(Kung galing sa batas, o ang katangian o mga mga salita ng obligasyon kung saan ang sinusundan na
artikulo ay hindi sumasang-ayon ay hindi Makita, ang utang ay maaaring magpalagay na ito ay ibahagi
sa mas maraming pantay na distribusyon para doon sa nagpautang at nangutang, ang mga utang ay
may pagkakakilanlan sa bawat isa, at sumasailalim sa Saligang Batas na syang namamahala para sa
katakut-takot na demanda.)

Joint Obligation

Joint obligation is one in which

• EACH debtor is liable only for a proportionate part of the debt and

• EACH creditor is entitled only to a proportionate part of the credit.

The terms “pro rata” and “proportionate” when used in relation to the character of obligation of
the debtors, indicates joint liability

Examples:

a. Joint debtors

Al, Bel, and Cel are joint debtors of Del in the amountof P9,000. Al can be held liable ONLY for
P3,000, Bel, P3,000 and Cel P3,000

b. Joint creditors
 Al is liable to Mel, Neil, Piel joint creditors in the amountof P9,000. Each creditor can collect
ONLY P3,000 each form Al.

c. Joint debtors and Joint creditors

1.) Al, Bal, Carl are joint debtors, and are liable to Darl, Earl, Fel in the amount of P12,000.

• Each debtor is liable for HOW MUCH? ________

• Each creditor can collect HOW MUCH? ________

2.) Al, Bal, Carl are joint debtors, and are liable to Darl, Earl, Fel, Gel joint credtors in the amount
of P12,000.

• Each debtor is liable for HOW MUCH? ________

• Each creditor can collect HOW MUCH? _________

d. Joint debtors and Joint creditors

1.) Al, Bal, Carl and Darl are joint debtors, and are liable to Earl, Fel, Ger joint creditors in the
amount of P12,000.

• Each debtor is liable for HOW MUCH? ________

• Each creditor can collect HOW MUCH? ________

Solidary Obligation

Solidary Obligation is one in which

• ANY ONE of the debtors can be held liable for the whole obligation

• ANY ONE of the creditors can collect the whole obligation

The terms “jointly and severally”, “in solidum” and “individually and collectively” when used in
relation to the nature of liability of the debtors, indicate solidary liability.

Kinds of solidarity

a.) Passive solidarity – solidarity debtors, where anyone of them can be made liable for the fulfilment of
the entire obligation.

 Example: Al, Bal, and Carl are solidarily liable to Del in the amount of P9,000.00. Here,
 • Either Al, Bal, Carl can be held liable by Del in the amount of P9,000.00

• If Al pays Del P9,000 the obligation is extinguished

• Al can demand reimbursement of P3,000 each from Bel and Cel

b.) Solidary creditors – Active solidarity, solidarity on the part of the creditors, where anyone of them
can demand the fulfilment of the entire obligation.

Example: Bel is liable to Cel, Del, Earl, solidary creidtors, in the amount of P9,000.

• Either Cel, Del, or Earl can collect the whole amount from Bel.

• If Cel collects P9,000 from Bel, the obligation is extinguished.

• Cel MUST give P3,000 each to Del and Earl.

c.) Mixed solidarity – solidarity debtors and solidary creditors, where each one of the debtors is liable to
render, and each one of the creditors has a right to demand, entire compliance with the obligation.

Example:

Aris and Blue are solidarily liable to Neil and Dan, who are solidary creditors in the amount of P10,000.

- Aris (or Blue) can pay either Neil or Dan.

- Neil (or Dan) can demand from Aris (or Blue)

- The payment of Aris (or Blue) of P10,000 to Neil (or Dan) shall extinguish the obligation.

Rules in case of dual nature of obligation

If the obligation of the debtors is JOINT and the right of the creditors is SOLIDARY, or

if the obligation of the debtors is SOLIDARY and the right of the creditors is JOINT,

the rules on Joint and Solidary obligation shall be applied in determining the liabilities of the debtors and
the right of the creditors.

Examples:

a.) Joint debtors and Solidary Creditors (Active solidarity)

A, B, C, D and , joint debtors, are liable to X, Y, and Z, solidary creditors, in the amount of
P36,000.00
 • Anyone of the creditors can collect the entire amount pf P36,000,… BUT

• Each one of the debtors can be held liable for not more than P9,000

• If X collected the whole amount of P36,000, HOW MUCH MUST HE GIVE EACH
TO Y AND Z?

b.) Solidary debtors and Joint Creditor Creditors (Passive solidarity)

A, B, C, D and , solidary debtors, are liable to X, Y, and Z, joint creditors, in the amount of
P36,000.00

• Anyone of the debtors can be held liable of the entire amount of P36,000,… BUT

• Each of the creditors can collect ONLY UP TO _________

• If A has made the payment of the whole amount of P36,000, HOW MUCH can
he demand for reimbursement from B, C, and D?

Answer: __________

Art. 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 by proceeding against all the debtors. If one of the
latter should be insolvent, the other shall not be liable his share. (1139)

 Kung ang paghahati ay imposible, ang karapatan ng mga nagpautang ay maaaring mapasama
(prejudiced) sa pamamagitan lamang ng kanilang kolektibong kagagawan, at ang utang ay makukuha sa
pamamagitan lamang ng paglilitis laban sa mga nangutang.  Kung ang isa sa mga nangutang ay hindi
makakapagbayad, ang kanyang mga kasama ay walang pananagutan sa kanyang bahagi.

When there are several debtors and only one creditor, but the prestation is indivisible , the obligation
is joint unless solidarity is stipulated.

Debtor

 No debtor can be compelled to answer for the liability of the others.

 Fulfillment of obligation requires concurrence or agreement of all debtors;

Creditor

 No creditor can act in representation of the other/s;

 Creditors collective action is expressly required for acts which may be prejudicial (harmful).

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.

Example (plurality of debtors/one creditor): (1) A, B, and C are jointly liable to give D a laptop valued
at P24,000. On the delivery date, A and B are willing to deliver but C is not. In this case,

• D has no cause of action against C for the delivery of the laptop because, as a joint debtor, C is
liable only for a proportionate part of the obligation which is P8,000.

• Since the object is indivisible the debt can only be enforced by proceeding against all the
debtors’ compliance for compliance is not possible unless they act together.

• The liability is transformed into one for damages.

So, A,B, and C will be liable for P8,000 each for a total of P24,000 which is the value of the laptop
without increase of responsibility for A, B, or C.