Joint; Solidary; Divisible Indivisible; 

let us say that we have three letters a hold on we have debtors

a b and c and creditors x y and z

a b and c promise to pay x y and z the amount of 3 million pesos under article 1207 it provides that the concurrence of
one or more debtors or one or more creditors in one and the same obligation does not mean that the relationship of the
parties to one another is a solidary obligation because solidarity obligation arises only where the parties agree to be
solidarily bound where the law provides for solidarity or in case that the nature of the obligation provides for a solidary
obligation so in this case a b and c is merely jointly liable to x y and z for the amount of 3 million pesos but the 3 million
pesos will be divided equally into as many debtors as there are and into as many creditors as there are meaning now
that in this joint obligation x here can demand from a only the proportionate share of a in this joint obligation which is
the amount of in this case 1 million pesos a is liable only for 1 million pesos and x is only entitled to 1 million pesos in the
same way that b is also liable for only 1 billion pesos and c is only one liable for 1 million pesos demand on a here puts a
in default but does not put b and c in default because this is a joint obligation and they are distinct from one another a
demand on a stops the running of the prescriptive period with respect to share but not with respect to the share of b
and c they are distinct from one another let us say that in instead of the payment of 3 million pesos a b and c obligated
to give to x y and z a car in this case now we have here a precision which is indivisible

but since a b and c did not agree to be solidarily bound the obligation is merely a joint indivisible obligation therefore
being a joint individual obligation a is only in tight is only liable for his proportionate share likewise b is only liable for his
proportionate share and c is liable for his proportionate share x is only entitled to his share y is only entitled to share and
say is only entitled to his share and not the entire car so in this case in order for there to be compliance of this joint
indivisible obligation x y and z must collectively act that they must all make a demand on a b and c on all debtors for the
fulfillment of this joint indivisible obligation a b and c now be being merely joint debtors in this case must act collectively
in order to be able to fulfill the joint indivisible obligation meaning they must now give the proportionate share in order
to get or purchase a car which they will deliver to x y and z if let us say a here is unable to pay or give his share to be able
to purchase this car to be delivered to x y and z what happens here is that the joint indivisible obligation is con is
converted into an obligation for indemnity meaning now that a b and c will now pay x y and z here the damages for the
failure to comply with this joint indivisible obligation let's say the value of the car that they were supposed to deliver is 3
million pesos this being converted now to an obligation for indemnity a here is liable only for his share of one million
pesos um if a here is not uh was not the one who caused the non-fulfillment of this joint indivisible obligation a is liable
only for 1 million b here if he's not the one responsible or at fault is only liable for 1 million pesos and if it is c here who
is the one who is liable for the non-fulfillment of this joint indivisible obligation c is liable for his proportionate share of
one million pesos plus damages okay plus damages here

a and b who are not responsible or at fault okay cannot be held liable for damages only c is liable for damages the
reason here being that this is still only a joint joint obligation involving a precision that is indivisible let's say now that
what we have here is a solidary obligation

where a b and c obligated in solidum to pay x y and z the amount of three million pesos since this is a solidary obligation
the law now provides that x y or ze any of the creditors here can proceed against one some or all of the solidarity
debtors for the fulfillment of the entire obligation the credit is not divided into as many creditors as there are nor is it
divided into as many debtors as there are this is because it is a solidary obligation so x can proceed against a for the
payment of the entire three million pesos a cannot set up the defense that he is only liable for his proportionate share of
three of one million pesos he can proceed against a or against a and b or against a b and c a here now has to pay the 3
million pesos since x makes a demand on a for the fulfillment of this solidary obligation the demand made on a puts a in
default or mora as well as b and c even if b and c did not were not given any demand by x the reason is the solidarity
liability of this obligation one for all all for one it also stops the running of the prescriptive period with respect to all of
the debtors so a here now who let us say a demand is made on a a pays the 3 million pesos upon payment of the 3
million pesos b and c now here are liable to a to reimburse a their proportionate share in this obligation x now having
received the entire 3 million pesos is liable also or must make an accounting and must give y and z the other solidarity
creditors their proportionate share in a solidary obligation the debtor to whom demand was made can set up the
following defenses one a defense by reason of the nature of the obligation in the nature of the obligation or from the
obligation itself let us say the obligation is void the obligation has already prescribed the obligation has already been
paid and therefore he can set that up he can also set up a defense that is personal to him okay personal to him let us say
that it was agreed that he can be only made to pay based on a term okay and a term was agreed upon or a period or on
a condition and therefore he can set that up now or let us say that his consent in this obligation was the shaitan was
obtained through force he can also set that up if a demand is made on him with respect to the shares of b and c the
defenses personal to b and c can also be set up by the debtor to whom a demand was made but with respect only to
their share so let us say b here it was agreed that b can be made to pay only one year from the constitution of the
obligation a can set that up okay you can set that up with respect to the proportionate share of b or if b here was a
minor he can also set that up but once payment is made he if a makes payment he is entitled to reimbursement okay so
in a solidary obligation you have here on the side of the creditors mutual representation and mutual agency they can
represent one another with respect to the debtors there is here mutual guarantee each debtor guarantees the complete
performance of the obligation that is the reason why on the part of the debtors this is also called a aggravated liability so
that is your joint obligation the solidarity obligation as well as a joint joint indivisible obligation

another kind of obligation a classification of an obligation is based now on depression here we have the divisible and
indivisible obligations article 1223 provides the divisibility or indivisibility of the things that are the object of obligations
in which there is only one debtor and only one creditor does not alter or modify the provisions of chapter 2 of this title
what do we mean by a divisible obligation a divisible obligation is one the object of which in its delivery or performance
is capable of partial performance divisible obligation indivisible obligation on the other hand is one the object of which
in its delivery or performance is not capable of partial performance what is the true test in determining whether an
obligation is divisible or indivisible the true test is the purpose of the obligation or the intention of the parties it is not
the possibility or impossibility of partial performance even though the object or service may be physically divisible the
obligation is indivisible if intended by the parties or provided for by law however if the object is not physically divisible or
the service is not susceptible of partial performance the obligation is indivisible notwithstanding the contrary intention
of the parties when then may an obligation be presumed indivisible when there is only one debtor and one creditor the
former has to perform the obligation in its totality whether or not depreciation is divisible and the creditor cannot be
compelled to receive partially depreciation in which the obligation consists unless there is a stipulation to the contrary
question in a joint indivisible obligation what is the effect if one of the joint debtors does not comply with his
undertaking pursuant to 12 24 of the civil code the obligation is converted into an obligation to pay damages the debtors
who may have been ready to fulfill their promises shall be liable only for their proportionate share of the price of the
thing or of the value of the service in which the obligation consists while the debtor who did not comply shall be liable
for his proportionate share of the price of the thing or the value of the service and damages

note that in a divisible obligation the following would consider would mean that the obligation is divisible under article
12 25 obligations having for their object execution of a certain number of days of work or 2 the accomplishment of work
by metrical units or 3 analogous things which by their nature are susceptible of partial performance which obligation are
deemed by law to be indivisible verse 1-12-25 of the civil code the law provides that obligations to give definite things
and those which are not susceptible of partial performance are considered as indivisible obligations what about in an
obligation not to do in obligation not to do the character of the precision in each particular case shall determine their
divisibility or indivisibility

finally we have the classification of an obligation based on an additional obligation agreed upon by the parties and this
refers to the obligations with the penal clause or an obligation without a penal clause an application with a penal clause
is one to which is attached an accessory undertaking to pay a previously stipulated penalty in case of bridge okay it is a
penal clause is an accessory undertaking to assume greater liability in case of breach of the obligation so the penal
clause is merely an accessory undertaking we should distinguish a penal clause from a condition a penal clause is an
obligation although accessory while a condition is not an obligation a penal clause is demandable while a condition is not
demandable why do the parties agree upon a penal clause or what is the purpose of a penal clause now the purpose is
to ensure the performance of the obligation it is also to repair the damage done in which case the penal clause takes the
place of damages and the payment of interest in case of non-compliance of the obligation its purpose is to punish the
debtor for the non-fulfillment of the obligation

there are two kinds of penal clause now here there can be a subsidiary penal clause or a joint penal clause a subsidiary
penal clause is when only the penalty can be enforced in case of non-fulfillment by the debtor of his obligation the joint
penal clause on the other hand is when both the principal obligation and the penal clause can be enforced this must be
agreed upon by the parties as a general rule in obligations with the penal clause can the creditor recover not only the
penal clause but in addition indemnity for damages and the payment of interest in case of non-compliance of the
obligation article 1226 provides as a general rule in obligations with a penal clause the penal clause or penalty takes
place of indemnity for damages and the payment of interest in case of non-compliance hence the creditor cannot
recover the penalty and indemnity for damages and the payment of interest must the creditor prove the actual damage
is suffered in order that the penalty may be enforced there is no need anymore such proof of actual damages suffered
by the creditor is no longer necessary when may then the creditor in addition to the penalty recover damages and
interests 1226 provides when the parties have so stipulated when the obligor refuses to pay the penalty or when the
obligor is guilty of fraud in the fulfillment of the obligation to recover damages in addition to penalty proof for fraud and
the existence and the amount of damages is required but proof of fraud is not needed to recover the penal clause the
penalty may be enforced only when it is demandable in accordance with the provisions of the code that is if there is a
breach of the obligation and it is not contrary to laws morals good customs public order and public policy can the debtor
choose to pay the penalty instead of performing the obligation no precisely the object of the penal clause or the penalty
agreed upon is to secure compliance with the obligation

when can however the debtor exempt himself from the non-fulfillment of the obligation by just paying the penalty this
can be done and the debtor can do so if such right has been expressly reserved for him in the case of the creditor can
the creditor demand both the fulfillment of the obligation and the payment of the penalty earlier we said that the
general rule is no because the primary purpose of the penalty is to compel the debtor to perform his obligation and once
this purpose is attained there is no need for the penalty so when can the creditor demand both the fulfillment of the
obligation and the penalty pursuant to 1227 the creditor can do so if such right has been expressly and clearly granted to
the creditor

12 27 further provides that if after the creditor has required the fulfillment of the obligation the performance thereof
should become impossible without his fault the creditor can still demand the penalty in case of non-compliance of the
obligation by the debtor must the creditor show proof of the actual damages he suffered in order that the penalty is
recoverable there is no need pursuant to 1228 all that the creditor has to show is the violation of the obligation by the

debtor in case of non-compliance with the obligation is the creditor entitled to the full amount of the penalty agreed
upon 1229 provides the judge shall equitably reduce the penalty under the following circumstances one when the
principal obligation has been partly or irregularly complied with by the debtor or two if the penalty is is inequities
iniquitous or unconscionable even if there has been no compliance of the obligation what is the effect of the nullity of
the penal clause upon the principal obligation twelve thirtieth provides the nullity of the penal clause does not carry
with it that of the principal obligation this is because the penal cost is merely is a an accessory obligation agreed upon by
the parties what is the effect of the nullity of the principal obligation upon the penal clause the nullity of the principal
obligation carries idiot that of the final clause if the principal obligation is void the penal clause is likewise void the
reason is that the penal clause being merely an accessory cannot stand on a stand alone it needs a principal obligation to
which it is subordinated article 1230 of the civil code remember the characteristics of the penal clause is that it is
subsidiary as a general rule only penalty can be demanded the principle cannot be demanded except if the penalty is
joint or cumulative in obligations with a penal cost the penalty shall substitute the indemnity for damages and the
payment of interest in case of non-compliance if there is no stipulation to the contrary nevertheless damages shall be
paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation the penalty may be
enforced only when it is demandable in accordance with the provisions of this code the penal clause is exclusive it takes
the place of damage and damage can only be demanded in the following cases if there is a stipulation granting the right
if refusal if there is refusal to pay the penalty by the debtor or if the death of the debtor is guilty of fraud 1227 the
debtor cannot exempt himself from the performance of the obligation by paying the penalty saving the case where the
right has been expressly reserved for him neither can a creditor demand the fulfillment of the obligation and the
satisfaction of the penalty at the same time unless this right has been clearly granted him however if after the creditor
has decided to require the fulfillment of the obligation the performance thereof should become impossible without his
fault the penalty may be enforced proof of actual damages suffered by the creditor is not necessary in order that the
penalty may be demanded the causes remember that the causes for reduction of the penalty is in case of where there
has been partial or irregular performance or that the penalty provided is iniquitous or unconscionable