Joint and Solidary Obligations Example> If the loan of two parties in a joint

Subsidiary Liability obligation is 10,000, each one of them is only

● a person is secondarily liable, it is a proportionately allowed to pay 5,000.
separate liability. II. Solidary Obligations
● if the principal debtor is ● Where each one of the debtors
insolvent(unable to pay debts owed), or creditors must pay or
the co maker can become liable demand the entire amount of
Co-maker or con-signer the debt along with its
● a person who jointly signs a check, prestation.
draft or any other negotiable Example> If A and B both are in a solidary
instrument alongside a primary obligation to pay 10,000 to C, it means that if
borrower of a loan. A goes insolvent or cannot pay the debt, B
would be made liable to pay the entire
➔ However, in the case of insolvency, amount.
the co-maker cannot be instantly
demanded to pay the loans. The Case Examples: 900,000 pesos Loan, where
creditor must exhaust first whatever is the A, B, and C are debtors and D,E, and F
left in the principal debtor’s will, such are creditors.
as his properties and other assets. (if
naa pay asset ang principal debtor kay 1.Solidary Debtor and Solidary Creditor
dapat mao sa to ang iconfiscate or
Debtors (Solidary) Creditors(Solidary)
gamiton as pambayad sa loans)
A Must pay the 900,000 D Must collect/demand
Principal Debtor pesos the 900,000 pesos
● Should identify if it is Joint or Solidary.
B — E —

I. Joint Obligations C — F —
● Where the whole obligation is to be
paid or collected(demanded) 2.Joint Debtor and Joint Creditor
proportionately by different If B is a Joint debtor and D is joint creditor,
debtors/creditors how much can D collect from B?
➔ The debtor is only allowed to pay his Debtors (Joint) Creditors (Solidary)
share/part of the debts.
Can only pay 100,00 Can only
➔ The creditor is only allowed to demand
demand/collect
or collect his share/part amount from
Since both debtor and 100,000
the debtor. creditor are joint, they can
➔ The insolvency of one party does not only collect what is D can only collect
make the other party liable for his proportionately allowed to 100,000, from each
part. them. debtor (A, B, and C)
because he is only
B can only pay 100,00, proportionately
since the creditor is also allowed to collect
joint. B can subdividedly 300,000. Hence
 obligation (money ang ibayad instead) since
pay 300,000 among three 100,00 ra iya
of the joint creditors (tag macollect kay B. Money is divisible.
100,000 each ang creditor)

3.. Solidary Debtor and Joint Creditor

Obligation with a Penal Clause
Debtors (Joint) Creditors (Solidary)
● one which contains an accessory
A Should only pay D Can only collect undertaking to pay a previously
300,000 300,000 pesos stipulated indemnity in case of breach
B E of the principal prestation intended
-Although they can -The sole creditor
C pay the 900,000 in F cannot collect primarily to induce its fulfillment.

full, the creditor can beyond what he is

Accessory undertaking
only collect what is proportionately
proportionately allowed. ● One which is attached to a principal
allowed to them. obligation and, therefore, cannot
stand alone.
-Pwede ra nila i
divide ang
Example> D obliged himself to deliver a car
pagbayad sa
to B. If he fails to do so, D will pay 200,000. He
900,000 to all three
creditors. is therefore liable to the penalty which is the
monetary amount.

DIVISIBLE OBLIGATION
However, B CANNOT ask for both the car and
● The object or prestation is capable of
the penalty. Because the PENALTY IS MERELY
partial fulfillment, in its delivery or
A SUBSIDIARY OR ALTERNATIVE, In case of
performance
non-compliance or failure to do the principal
obligation
Example>Loan where B pays C in installment
3,000 pesos per month for a whole year.

INDIVISIBLE OBLIGATION
● The object or prestation is NOT
capable of partial fulfillment, in its
delivery or performance

Example> B obliged himself to deliver a car

to C. He cannot deliver it as half or partial,
since it should be delivered as a whole at
one time and one place.

CASE: However if B cannot deliver the car, he

can convert the obligation to monetary