Article 1216 - The creditor may proceed against anyone 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.

Ex.

-A, B and C solidary owe D the amount of P3,000. D can collect from A,B and C alone,
or any of the two of them or all of them.

- If demand is made on A , the latter cannot require D to make a demand also on B

and C.
 Article 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.

Effects of Payment by Solidary Debtors: Ex.

1. Between the solidary debtors and creditors.
2. Among the solidary debtors.
3. Among solidary creditors.
A, B and C are jointly are severally liable to D and E in
the amount of P3,000 due on January 5.
If both A and B offer to pay D on January 5 the latter
may choose which offer to accept. If A pays the entire
amount on January 5 the obligation is extinguished.
 Article 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.

Prescriptive Periods of Actions:

Effects of Payment After Obligation has
Prescribed or Become Illegal:
When Obligation …
(1) Has already prescribed or ,
Ex. A and B are solidary indebted to C in
the amount of P1,000. The debt prescribed.
(1) Become Illegal
Ex. A and B are solidary bound to deliver 10
carabao to C for slaughter purposes. Later, the
lawmaking body passed law which prohibits the
slaughter carabao.
“The following actions must be brought with 10
years from time the right of actions accurate”.
(1) Upon a written a contract
(2) Obligation created by Law,
(3) Judgement ( Art 1144)
“The following actions must be commenced
within 6 years”.
(1) Oral Contract
(2) Quasi-Contract
“Following actions is instituted within 4 years”.
(1) An injury to the right of the plaintiff
(2) Quasi-delicts