GROUP 5

CRUZ, ROSA MAE O

CARANTO, DONALD
PUNO, SAMANTHA MARIE
 JOINT AND SOLIDARY OBLIGATIONS
. Definition of Joint Obligation
A joint obligation is one where the whole obligation is to be
paid or fulfilled proportionately by the different debtors
and/or is to be demanded proportionately by the different
creditors. (Art. 1208.)
DEFINITION OF SOLIDARY OBLIGATION
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. (Art. 1207.)
 KINDS OF SOLIDARITY
(1) According to the parties bound:
(a) Passive solidarity or solidarity on the part of the debtors, where anyone
of them can be made liable for the fulfillment of the entire obligation. Its
characteristics are plurality of debtors and unity of prestation. It is in the
nature of a mutual guarantee.

(b) Active solidarity or solidarity on the part of the creditors, where anyone of them
can demand the fulfillment of the entire obligation. Its essential feature is that of
mutual representation among the solidary creditors with powers to exercise the
rights of others in the same manner as their rights. (see 8 Manresa 205- 206.)
 (c) Mixed solidarity or solidarity on the part of the debtors and
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.
 ART. 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. (1149)
 1. DEFINITION OF DIVISIBLE OBLIGATION
A divisible obligation is one the object of which, in its
delivery or performance, is capable of partial fulfillment.

2. DEFINITION OF INDIVISIBLE OBLIGATION

An indivisible obligation is one the object of which, in its delivery or
performance, is not capable of partial fulfillment.
 3. Kinds of Indivisibility
1) Legal indivisibility. — where a specific 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. (Ibid., par. 1.)
 3. Kinds of Indivisibility
1) Legal indivisibility. — where a specific 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. (Ibid., par. 1.)
ART. 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 FULFILLMENT OF THE
OBLIGATION. THE PENALTY MAY BE ENFORCED
ONLY WHEN IT IS DEMANDABLE IN
ACCORDANCE WITH THE PROVISIONS OF THIS
CODE. (1152A)
 1. DEFINITION OF OBLIGATION WITH A PENAL CLAUSE
An obligation with a penal clause is one which contains an accessory
undertaking to pay a previously stipulated indemnity in case of breach of
the principal prestation intended primarily to induce its fulfillment.

2. DEFINITION OF PENAL CLAUSE

A penal clause is an accessory undertaking attached to an obligation to assume greater
liability on the part of the obligor in case of breach of the obligation, i.e., the obligation is
not fulfilled, or is partly or irregularly complied with.

PURPOSES OF PENAL CLAUSE

(1) to insure their performance by creating an effective
deterrent against breach, making the consequences of
such breach as onerous as it may be possible. (Yulo vs.
Chan Pe, 101 Phil. 134 [1957].) This is the general
purpose of a penal clause; and
(2) to substitute a penalty for the indemnity for damages and
the payment of interests in case of non-compliance (Art. 1226.);
or
(3) to punish the debtor for the non-fulfillment or violation of his
obligation.
A penal clause functions to strengthen the coercive force of the
obligation by the threat of greater liability in the event of breach
and to provide, in effect, for what would be the liquidated
damages resulting from such a breach. The obligor would then
be bound to pay the stipulated indemnity without the necessity
of proof on the existence and on the measure of damages caused
by the breach. (Ligutan vs. Court of Appeals, 376 SCRA 560
[2002]; Guatengco vs. Reyes, 574 SCRA 187 [2008].)