Kinds of obligation: (civil code)

1. Pure and conditional

2. With a period
3. Alternative
4. Joint and solidarity
5. Divisible and indivisible
6. With a penal clause

Section 1: Pure and conditional obligations civil code art. 1179- 1192
- What are conditions and its types?
- What are suspensive and resolutory conditions?
- Retroactive effects?
- Debtor’s liability during a condition’s pendency

1179
every obligation whose performance does not depend upon a future or uncertain, or upoin a
past event unknown to both parties are demandable at once.

Every obligation which contains a resolutory condition shall be demandable, without prejudice to
the effects of the happening of the event.

Pure obligations:
- Obligations whose performance is not dependent upond a condition or a period
- Demandable at once
Example: kirito promised alice a brand new laptop. - no condition or period

Conditional obligations:
- Obligations whose performance depends upon: future and uncertain events; or
- Upon past events unknown to the parties.
Example: Kirito promised alice a brand new lapto if alice passes her exam tomorrow.
- Has condition and period

1180
When the debtor binds himself to pay when his means permit him to do so, the obligations shall
be deemed to be one with the a period , subject to the provisions of the article 1197.

Example: Kaneki obliged himself to pay his debt to Touka when his means permit him to do so.
- this is an obligation with a period not pure or conditional.

Different classification of conditional obligations (1181 and 1182)

1181
In conditional obligations, the acquisition of rights, as well as the extinguishmnet or loss
of those already acquired, shall depend upon the happening of the event which constitutes the
condition.

1182
When the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation shall be void. If it depends upon chance or upon the will of a third person, the
obligation shall take effect in conformity with the provisions of this Code.

According to the effect of the obligation: 1181

1. Suspensive condition - conditions that cause the birth of the obligation.
Ex: Taki promised mitsuha a diamond ring if mitsuha graduates valedictorian from her
class.
2. Resolutory - conditions that cause the extinguishment of the obligation. (there is
already an obligation that takes effect)
Ex: Taki bound himself to should Mitsuha’s tuittiom fee until she graduates.

According to whose will it depends: 1182

1. Potestative condition - fulfillment depends upon one of the parties ( maybe potestative
on the part of creditor or debtor)
Debtor:
Ex: Kaneki obliged himself to give Touka a specific car if he (Kaneki) will got to the mall
tomorrow. - this is protestative - suspensive condition. This is void because the obligation
depends upon debtor’s sole will.

Ex: Kankei obliged himself to shoulder Touka’s living expenses until he wants. - this is
protestative - resolutory condition.

Creditor:
1. Kaneki obliged himself to give Touka a golden bracelet if Touka will go to the mall
tomorrow. - protestative and suspensive
2. Kaneki let Touka live under his house until Touka wants to go home. - protestative and
resolutory.

2. Casual condition - fufillment depends upon chance and/ or will of a third person.
Ex:
3. Mixed - fullfillment depends partly upon the will of one of the parties and partly upon
chance and/ or will of a third person.
Ex:

Types of impossible conditions:

1183
Imposible conditions, those contrary to good costumes or publis policy and thos prohibited by
law shall annul the obligation which depends upond them. If obligation is divisible, that part of
thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed
upon.

Types Impossible conditons: 2 types

1. Physically Impossble conditions - conditions that is naturally impossible to happen/fulfill.
Example: fly to the moon, swim across the pacific ocean, not rain in the Philippines for a
decade, Resurrect the dead.

2. Legally Impossible conditions - conditions that is naturally possible to happen/ fullfill but
is contrary to law, morals, good customs, public order, public policy.
Example: Kill X (law), Be the mistress of X (moral), slap your father (good customs), advocate
the overthrow of government (public order), Not appear as witness in a criminal case (public
policy)

Obligations not affected by the impossible conditions:

Example: natsu bound himself to give 10,000 to lucy if the latter can win an arm wrestling match
against erza. (This is valid) Furthermore, Nattsu promised to pay additional 5,000 if lucy can
seriously injure Erza’s arm. (This is Invalid) so it is Partially void.

Natsu bound himself to give Lucy 15,000 if the latter can win in an arm wrestling match against
Erza and can seriousl injure Erza’s arm. Void

Positive and Negative Condition

1184
The condition that some event happen at a determinate time shall extinguish the obligation as
soon as the time expires of if has become induitlable that the event will not take place.

1185
Paragraph 1
The condition that some event will not happen at a determinate time shall render the obligation
effective from the moment the time indicated has elapses, or if it is become evident that the
event cannot occur.

Examples:
Positive Condition: will do or will give
Batra bound himself to give Elizabeth a land if Elizabeth will marry Meliodas within the year.

Batra obligation is extinguhised if elizabeth did not marry meliodas or he died within a year.
Negative Condition: will not do or will not give
Batra bound himself to give Elizabeth a land if Elizabeth will not marry Meliodas within the year.

Batra is obligated to do the obligation once the year elapsed or meliodas died within the year.

1185
Paragraph 2
If no time has been fixed, the conditiion shall be deemed fulfilled at such time as may have
probably been contemplated, bearing in mind the nature of the obligation.

1186
The condition shall be deemed fulfilled when the obligor voluntary prevents its fulfillment.

Conditions are deemed fulfilled examples:

Batra bound himself to give elizabeth a land if elizabeth will not marry meliodas until they are
both ready to start a family. 1185 deemed fulfilled as such time as may have problablybeen
contermplated

Batra bound himslef to give Elizabeth a land if elizabeth will marry meliodas within a year ].
They night before the last of the year, batra put drugs on elizabeths food resulting to elizabeth
being asleep for 3 days. 1186 deemed dulfilled when the obligor voluntary prevents its
fulfillment.

Retroactive effects in suspensive conditions:

1187
The effects of a conditional obligation to give, once the condition has been fulfilled, shall
retroact to the day of the constitution of the obligation. Nevertheless, when the obligation
imposes reciprocal prestations upon the parties, the fruits and interests during the
pendency of the condition shall be deemed to have been mutually compensated. If the
obligation is unilateral, the debtor shall appropriate the fruits and interests received,
unless from the nature and circumstances of the obligation it should be inferred that the
intention of the person constituting the same was different. In obligations to do and not to
do, the courts shall determine, in each case, the retroactive effect of the condition that has
been complied with.

Retoractive effects in suspensive conditions

To give: has guidelines for the retroactive effect

Ex: jan 1, 2019, taki promised mitsuha a specific car if mutsuha graduates valedictorian from
her class. Assume Mitsuha graduates valedictorian form her class on April 11, 2019.
This is a unilateral decision, the date which mitsuha as-if owned the car as of january 1, 2019.
The ownership retroacts so Mitsuha owned it on jan. 1, 2019.

Unilateral Obligations - fruits and interest received shall be appropriated by the debtor.
Example:
On January 1, Miyuki promised Tatsuya to give him an apartment building if Tatsuya passes the
board exam. On May 31, Tatsuya passed the said exam.

This will retroact to the date of the obligation because the condition nearly suspends the
effectiveness of the obligation, so the ownership date of the apartment building acquired by
tatsuya is January 1. The rent income from January 1 to May 31 are governed according to
1187 which states that the fruits are appropriated by the debtor which means it is owned by the
debtor or Miyuki.

Reciprocal Obligations - fruits and interest are deemed mutually compensated.

Example:
On January 1, Miyuki promised tatsuya to sell him an apartment building if tatsuya passes the
board exam. On May 31, Tatsuya passed the said exam.
The ownership of the apartment building to Tatsuya will be dated January 1. The rent income
and the interest of the cash these are the fruits, which means both have fruits, but under 1187
those are not exchanged (they are set off of each other) which means they are assumed to be
already compensated.

To do, not to do: the court shall determine the retroactive effect (no retroactive effect if silent)

1188
The creditor may, before the fulfillment of the condition, bring the appropriate actions for the
preservation of his right.
The debtor may recover what during the same time he has paid by mistake in case of a
suspensive condition.

Example:
Ohma promised Karla a specific dog fro her birthday party.

Karla has a right even before her birthday to preserve an action to the dog until her birthday.
Which means she has a right for the dog to be fed and well taken care of until she receives it on
her birthday.

Karla has a 10,000 pesos debt to Ohma payable after 3 years, a year before maturity, having
thought that 3 years has already elapsed, paid Ohma the 10,000 debt.
Solutio indebeti, in addition to the 10,000 Ohma has to pay the interest for the days she held the
money. Karla has a right to recover what she has paid in mistake.
Conditional Obligations
Lost, Deterioration, & Improvement of a thing during the pendency of the condition

1189
When the conditons have been imposed with the intention of suspending the efficacy of an
obligation to give, the follwoing rules shall be observed in case of the improvement, loss or
deterioration of the thin during the pendency of the condition:
1. If the thing is lost without the fault of the debtor, the obligation shall be
extinguished;
2. If the things is lost through the fault of the debtor, he shall be obliged to pay
damages; it is understood that the thing is lost when it perishes, or goes out of
commerce, or disappears in such a way that its existence is unknown or it cannot be
recovered;
3. When the thing deteriorates without the fault of the debtor, the impairment is to be
borne by the creditor;
4. If it deteriorates through the fault of the debtor, the creditor may choose between the
(cancellation/repel of law) rescission of the obligation and its fulfillment, with
indemnity for damages in either case;
5. If the thing is improved by its nature, or by time, the improvement shall inure to the
benefit of the creditor;
6. If it is improved at the expense of the debtor, he shall have no other right than that
granted to the usufructuary. (debtor can’t get any reimbursement for the improvement,
the debtor can offset any improvement to damages he may pay by reason of
deterioration of the thing throgh his fault.)

1190
When the conditions have for their purpose the extinguishment of an obligation to give, the
parties upon the fulfillment of said conditions, shall return to each other what they have
received.
In case of the loss, deterioration or improvement of the thing, the provisions which, with
respect to the debtor, are laid down in the preceding article shall be applied to the party who is
bound to return.
As for obligations to do and not to do, the provisions of the second paragraph of Article 1187
shall be observed as regards the effect of the extinguishment of the obligation.

1191
The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should
not comply with what is incumbent upon him.

The injured party may choose between the fulfillment and the rescission* of the obligation, with
the payment of damages in either case. He may also seek rescission, even after he has chosen
fulfillment, if the latter should become impossible.
(*This remedy in case of breach of obligation should not be confused with rescission in Article
1281, et seq. Under the former provision, a distinction existed between rescission and
resolution. (see Note under Art. 1381.))

The court shall decree the rescission claimed, unless there be just cause authorizing the fixing
of a period.

This is understood to be without prejudice to the rights of third persons who have acquired the
thing, in accordance with Articles 1385 and 1388 and the Mortgage Law.

Example: reciprocal
Okabe sold to Kuriso his flat-screen TV. There was no stipulation regarding delivery of the TV
and payment of the price.
If okabe delivered the tv then it is demanded that kuriso give his payment on the day of delivery
and vice versa.

If there is time and condition stated it is non reciprocal

Bilateral - has 2 types: reciprocal and non reciprocal

1192
In case both parties have committed a breach of the obligation, the liability of the first infractor
shall be equitably tempered by the courts. If it cannot be determined which of the parties
first violated the contract, the same shall be deemed extinguished, and each shall bear
his own damages.

The first who violated the contract is the one who will pay for the damages netted or less of the
violation done with the other party. If it cannot be determined who is the first violator then they
are both subject to damages and their obligations are extinguished.

Section 2: With a periods civil code art. 1193 -1198

- What are periods and its different types?
- Condition vs. period
- When court can fix a period
- Debtor’s liability during a period pendency
1193
Obligations for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes.
Obligations with a resolutory period take effect at once, but terminate upon arrival of the
day certain.
 A day certain is understood to be that which must necessarily come, although it may not be
known when.
If the uncertainty consists in whether the day will come or not, the obligation is conditional,
and it shall be regulated by the rules of the preceding Section.

Suspensive Period (Ex die) - period that makes the obligation demandable
Resolutory Period (In Diem) - period that terminates an obligation.

Difference of condition and period:

- Conditon is an uncertain event while period is a certiain event.
- C affects the existence of the obligation while P affects the demandability of the
obligation.
- C has retoactive effects, P has no retroactive effects.
- C suspensive condition left to the will of the debtor makes the obligation void. While P
suspensive period left to the will of the debtor makes the obligation is still valid.
- C may refer to a future uncertian event or to past event unknown to both parties.
- P refers only to future day certain.

Obligations with the period

Lost, Deterioration, & Improvement of a thing during the pendency of the condition

1194
In case of loss, deterioration or improvement of the thing before the arrival of the day
certain, the rules in Article 1189 shall be observed

1195
Anything paid or delivered before the arrival of the period, the obligor being unaware of
the period or believing that the obligation has become due and demandable, may be
recovered, with the fruits and interests.

1196
Whenever in an obligation a period is designated, it is presumed to have been established for
the benefit of both the creditor and the debtor, unless from the tenor of the same or other
circumstances it should appear that the period has been established in favor of one or of the
other.

General rule: benefit of both creditor and debtor unless stated in favor of the other.
Example: sakaido borrowed 500k with 12% interest from kaeru. The principal and interest will
mature after 12 mos.

Everytime that there are period they are both benefitted. Supposedly Kaeru wanted Sakaido to
pay before the 12 mos. Sakaido could have used the money within those 12 mos. But he can’t
cause he have to pay it to Kaeru. On the other hand, Kaeru cant get any interest income that
was supposedly to accrue for full 12 mos. now that it was already paid.
 1198
The debtor shall lose every right to make use of the period:
1. When after the obligation has been contracted, he becomes insolvent, unless he gives
a guaranty or security for the debt;
Ex: hina need not to wait for the lapse of 1 year (the agreed maturity date of debt) she can
demand payment immediately to licht when he becomes insolvent unless licht can present a
guarantor or other securities.
2. When he does not furnish to the creditor the guaranties or securities which he has
promised;
Ex: Hina can demand the loan payment of 400k immediately to Licht if he didn’t deliver the
object of pledge to secure the obligation within the date agreed. In this case it is Licht’s car that
was stipulated to be delivered after a week. Even though the maturity of the loan is to be paid
after 1 year.
3. When by his own acts he has impaired said guaranties or securities after their
establishment, and when through a fortuitous event they disappear, unless he
immediately gives new ones equally satisfactory;
Ex: Licht borrowed 400k to hina to be paid after 1 yr. The loan is secured by mortgage of Licht’s
car but hte car got destroyed by Licht. Hina can immediately demand the payment of loan
unless Licht can present another security of equal satisfactory.
4. When the debtor violates any undertaking, in consideration of which the creditor agreed
to the period;
Ex: Licht borrowed money to Hina to be paid 1 yr. They agreed that during the 1 yr period Licht
must refrain from gambling. Before the lapse of 1 yr, Licht engaged in gambling activities. Hina
can demand payment immediately and need not to wait for 1 yr to lapse.
5. When the debtor attempts to abscond. (if acted implying to escape the obligation)

When the court may fix the period?

1197
If the obligation does not fix a period, but from its nature and the circumstances it can be
inferred that a period was intended, the courts may fix the duration thereof.

The courts shall also fix the duration of the period when it depends upon the will of the
debtor. (if the period is void) (if debtor binds himself when his means permit him to do so)

In every case, the courts shall determine such period as may under the circumstances have
been probably contemplated by the parties. Once fixed by the courts, the period cannot be
changed by them.

Ex: when a court may fix a period

A executed a deed of donation of a land in favor of B university. The donation has its condition
that the university must erect a cornerstone in the said land bearing the word “A Campus”.
Major categories of kind of obligations: section 1-2 (according to the peculiarity of the prestation)
Subcategory kind of obligations: section 3-6
3- according to the number of prestation
4- pertains to if not related to prestation but to the number of parties involved
5 - refers to divisibility of the prestation
6 - refers to the value of the prestation

Section 3: Alternative obligations civil code art 1199-1206

- Kinds of obligation according to prestation
- Rules regarding alternative obligations
- Facultative obligations

Different kinds of obligations according to the number of prestation:

1. SImple obligation - only one prestation
2. Compound prestation - two or more prestation
a. Conjunctive prestation - all obligation must be fulfilled to exatinguis the obligation.
b. Alternative obligation only one prestation must be fulfiled to extinguish the obligation.
(option and variant: facultative obligation)

1199
A person alternatively bound by different prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one and part of the other undertaking.

Example: Geralt promises to deliver one of the follwoing items to Renfri: assuming all are same
quality.
a. Specific pc set 1
b. Specific pc set 2
c. Specific pc set 3

Note General rule: choice of the debtor

Either one can extinguish the obligation, assume it is in same quality but different model, you
cannot deliver pc set of 1 and other component of set 2 as general rule but if the creditor agrees
then it is can be delivered.

1200
The right of choice belongs to the debtor, unless it has been expressly granted to the
creditor. The debtor shall have no right to choose those prestations which are impossible,
unlawful or which could not have been the object of the obligation.

Example Geralt promises to deliver one of the follwoing items to Renfri: assume all are specific
a. Rock from pluto - impossible
b. Laptop
 c. Tablet

General rule: choice of debtor

A is physically impossible so it can’t be chosen, art. 1200.
B and C can be chosen these remains to be alternative unless the debtor already
communicated his choice then it become a simple obligation and it ceases to be alternative
obligation.

1201
The choice shall produce no effect except from the time it has been communicated.
(no effect if the choice is not communicated, but the if the choice is communicated then
it ceases to be alternative obligation it becomes an simple obligation which means 1
prestation chosen by the creditor.)

1202
The debtor shall lose the right of choice when among the prestations whereby he is alternatively
bound, only one is practicable.

The obligation becomes a simple one if the other choices are impossible.
Ex: Geralt promises to deliver one of the follwoing items to Renfri:
a. A specific man named Jack from the Titanic
b. A specific totoro stuffed toy 5ft in size - simple obligation
c. A specific mummy from a sacred pyramid in egypt

If all of the choices is impossible then the obligation is void.

1203
If through the creditor’s acts the debtor cannot make a choice according to the terms of the
obligation, the latter may rescind the contract with damages.

Haruko promised to give Sakuragi one of the following items:

a. A specific basketball used by Rukawa
b. Haruko’s specific vacation picture with her family
c. A specific basketball shoes

If Haruko lost the specific picture. The choice remains alternative because it is debtor’s choice
to choose between the remaining 2 items.

If both the specific picture and the specific basketball shoes were lost by Haruko then it
becomes a simple obligation because the debtor has no other choice.
1204
The creditor shall have a right to indemnity for damages when, through the fault of the
debtor, all the things which are alternatively the object of the obligation have been lost, or
the compliance of the obligation has become impossible.
The indemnity shall be fixed taking as a basis the value of the last thing which disappeared,
or that of the service which last became impossible. Damages other than the value of the last
thing or service may also be awarded.

If haruko lost all the items she promised she would choose from she is liable to pay for the
value of the last thing lost plus the damages.

1205
When the choice has been expressly given to the creditor, the obligation shall cease to be
alternative from the day when the selection has been communicated to the debtor.
(same with earlier examples only now the creditor has the choice)

Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the things is lost through a fortuitous event, he shall perform the obligation by
delivering that which the creditor should choose from among the remainder, or that which
remains if only one subsists;
(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may
claim any of those subsisting, or the price of that which, through the fault of the former,
has disappeared, with a right to damages;
(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall
fall upon the price of any one of them, also with indemnity for damages. The same rules
shall be applied to obligations to do or not to do in case one, some or all of the prestations
should become impossible

Example:
Kyla promises to deliver one of the following items to Mae:
a.) The last dress made by Mae’s favorite designer that recently deceased.
b.) A lizard named Baby Majimbo.
c.) A specific limited edition LV bag signed by Rosmar.

If Kyla lost the lizard due to a fortuitous event like a lightning, then it still remains to be an
alternative obligation given that Kyla can still choose between the remaining 2 the prestation
she is going to deliver. (goes the same if creditor’s choice)

If Kyla lost both Baby Majimbo and the specific dress due to fortuitous event like fire because of
the lightning then Kyla loses the right of choice it becomes a simple obligation because she has
no other choice but to give the specific bag signed by Rosmar. (goes the same if creditor’s
choice)
The obligation is extinguished if it is fortuitious event when all is lost, this is both for whether it is
creditor and debtor choice.

1206
When only one prestation has been agreed upon, but the obligor may render another in
substitution, the obligation is called facultative. The loss or deterioration of the thing
intended as a substitute, through the negligence of the obligor, does not render him liable.
But once the substitution has been made, the obligor is liable for the loss of the substitute
on account of his delay, negligence or fraud.

Section 4: Joint and solidary obligations civil code art. 1207 - 1222
- Joint vs solidary obligations
- Rules regrading joint and solidary obligation
- When creditor remitted solidary debtors’ debt
- Solidarity exist even though bound by different periods and conditions
- Joint indivisible obligations

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 prestations. 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)

A joint obligation is one where the whole obligation is to be paid or fulfi lled proportionately by
the different debtors and/or is to be demanded proportionately by the different creditors. (Art.
1208.) (2)

Joint liability - Other words used for joint obligations are: mancum, mancomunada;
mancomunadamente; pro rata; proportionately; pro rata, jointly; conjoint; “we promise to pay”
signed by two or more persons.

A solidary obligation is one where each one of the debtors is bound to render, and/or each
one of the creditors has a right to demand entire compliance with the prestation.

Every solidary obligation has these characteristics: unity of object and plurality of ties. The
prestation due, or to which a right exists, is one and the same thing

Kinds of obligations according to the number of parties:

1. Individual obligation. — one where there is only one obligor and one obligee; and
 2. Collective obligation. — one where there are two or more debtors and/or two or more
creditors. It may be joint or solidary.

In a collective obligation, there are two relations involved: that between the creditor and the
debtors (or the creditors and the debtor, or the creditors and the debtors) and that among the
creditors and/or debtors themselves.

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 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.

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 others shall not be liable for his share.

A 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. (see Art. 1225, par. 1.) In other words, it is joint as to liabilities of
the debtors or rights of the creditors but indivisible as to compliance.

1210
The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does
solidarity of itself imply indivisibility.

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 or clauses; or
2. Non-uniform or varied. — when the parties are not subject to the same stipulations or
clauses

An obligation may be joint on the side of the creditors and solidary on the side of the debtors, or
vice versa.

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

A solidary creditor may do any act benefi cial 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.

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

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 confi dence of the original solidary creditors considering that the
assignee after receiving payment may not give the shares of the others

Suppose a solidary creditor did assign his rights, will payment to the assignee extinguish the
obligation? Article 1213 seems to imply that such assignment is invalid.

1214
The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial,
has been made by one of them, payment should be made to him.

The rule is that the debtor may pay any one of the solidary creditors. But when a demand,
judicial or extra-judicial, has been made by one of them, to avoid confusion, as well as prejudice
to the more diligent creditor, payment should be made to him; otherwise, the obligation will not
be extinguished except insofar as the creditor-payee’s share is concerned in case the latter
does not give to the other creditors their shares in the payment. The demand has the effect of
terminating the mutual agency among the solidary creditors.

Article 1214 is applicable not only in cases of active solidarity but also where the solidarity is
mixed although the singular “debtor” is employed. In case of mixed solidarity, the debtor upon
whom no demand has been made, may pay any one of the solidary creditors.

1215
Novation, compensation, confusion or remission of the debt, made by any of the solidary
creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to
the provisions of Article 1219. The creditor who may have executed any of these acts, as well
as he who collects the debt, shall be liable to the others for the share in the obligation
corresponding to them.

1216
The creditor may proceed against any one of the solidary debtors or some or all of them
simultaneously. The demand made against one of them shall not be an obstacle to those
which may subsequently be directed against the others, so long as the debt has not been
fully collected.

1217
Payment made by one of the solidary debtors extinguishes the obligation. If two or more
solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the
payment may claim from his co-debtors only the share which corresponds to each, with the
interest for the payment already made. If the payment is made before the debt is due, no
interest for the intervening period may be demanded. When one of the solidary debtors cannot,
because of his insolvency, reimburse his share to the debtor paying the obligation, such share
shall be borne by all his co-debtors, in proportion to the debt of each.

1218
Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such
payment is made after the obligation has prescribed or become illegal.

1219
The remission made by the creditor of the share which affects one of the solidary debtors does
not release the latter from his responsibility towards the co-debtors, in case the debt had been
totally paid by anyone of them before the remission was effected.

1220
The remission of the whole obligation, obtained by one of the solidary debtors, does not
entitle him to reimbursement from his co-debtors.

1221
If the thing has been lost or if the prestation has become impossible without the fault of
the solidary debtors, the obligation shall be extinguished. If there was fault on the part of
any one of them, all shall be responsible to the creditor, for the price and the payment of
damages and interest, without prejudice to their action against the guilty or negligent debtor. If
through a fortuitous event, the thing is lost or the performance has become impossible after one
of the solidary debtors has incurred in delay through the judicial or extra-judicial demand upon
him by the creditor, the provisions of the preceding paragraph shall apply.

1222
A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are
derived from the nature of the obligation and of those which are personal to him, or pertain to
his own share. With respect to those which personally belong to the others, he may avail himself
thereof only as regards that part of the debt for which the latter are responsible.

Section 5: Divisible and indivisible obligations civil code art. 1223- 1225
- When oblagations are divisible and indivisible
- Kinds of indivisibility
 - Divisibility distinguished from joint and solidary obligations

1223
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.

1. A divisible obligation is one the object of which, in its delivery or performance, is

capable of partial fulfi llment.
2. An indivisible obligation is one the object of which, in its delivery or performance, is
not capable of partial fulfi llment

In determining whether an obligation is divisible or not, the controlling circumstance is not the
possibility or impossibility of partial prestation but the purpose of the obligation or the intention
of the parties. Hence, even though the object or service may be physically divisible, an
obligation is indivisible if so provided by law or intended by the parties.

However, if the object is not physically divisible or the service is not susceptible of partial
performance (Art. 1225, par. 1.), the obligation is always indivisible, the intention of the parties
to the contrary notwithstanding. This rule is absolute.

An obligation is presumed indivisible where there is only one creditor and only one debtor

KInds of division:
1. Qualitative division or one based on quality, not on number or quantity of the things that
are the object of the obligation.
2. Quantitative division or one based on quantity rather than on quality.

Kinds of indivisibility:
1. Legal indivisibility. — where a specifi c provision of law declares as indivisible,
obligations which, by their nature, are divisible (Art. 1225, par. 3.);
2. Conventional indivisibility. — where the will of the parties makes as indivisible,
obligations which, by their nature, are divisible (Ibid.); and
3. Natural indivisibility. — where the nature of the object or prestation does not admit of
division, e.g., to give a particular car, to sing a song, etc
1224
A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the
debtors does not comply with his undertaking. The debtors who may have been ready to fulfi ll
their promises shall not contribute to the indemnity beyond the corresponding portion of the
price of the thing or of the value of the service in which the obligation consists.

1225
For the purposes of the preceding articles, obligations to give defi nite things and those which
are not susceptible of partial performance shall be deemed to be indivisible. When the obligation
has for its object the execution of a certain number of days of work, the accomplishment of work
by metrical units, or analogous things which by their nature are susceptible of partial
performance, it shall be divisible. However, even though the object or service may be physically
divisible, an obligation is indivisible if so provided by law or intended by the parties. In
obligations not to do, divisibility or indivisibility shall be determined by the character of the
prestation in each particular case.

Section 6: Obligation with a penal clause civil code art 1229 -1230
- What is a penal clause?
- Principal vs accessory obligations
- When penalty is not a substitute for damages and interest

1226
In obligations with a penal clause, the penalty shall substitute the indemnity for damages and
the payment of interests in case of noncompliance, 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 fulfi llment of the obligation. The penalty may be enforced only when it is demandable in
accordance with the provisions of this Code.

1227
The debtor cannot exempt himself from the performance of the obligation by paying the penalty,
save in the case where this right has been expressly reserved for him. Neither can the creditor
demand the fulfi llment 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 fulfi llment of the obligation, the performance thereof should become impossible
without his fault, the penalty may be enforced.

1228
Proof of actual damages suffered by the creditor is not necessary in order that the penalty may
be demanded.

1229
The judge shall equitably reduce the penalty when the principal obligation has been partly or
irregularly complied with by the debtor. Even if there has been no performance, the penalty may
also be reduced by the courts if it is iniquitous or unconscionable

1230
The nullity of the penal clause does not carry with it that of the principal obligation. The nullity of
the principal obligation carries with it that of the penal clause.