JOINT AND SOLIDARY

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 prestation.
There is a solidary liability only when
the obligation expressly so states, or
when the law or the nature of the
obligation requires solidarity.
Article 1207 discussed when
liability is solidary.

SOLIDARY – EACH one of the

debtors are obliged to pay the
entire obligation, each one of the
creditors has the right to demand
from any of the debtors, the
fulfillment of the entire obligation;
 KINDS OF SOLIDARITY
1.Passive Solidarity – In
passive solidarity, there is
solidarity on the part of the
DEBTORS
2. Active Solidarity – In active
solidarity, there is solidarity
on the part of the
CREDITORS.
 JOINT OBLIGATION

There is JOINT
OBLIGATION when the
entire obligation is to be
paid or performed
PROPORTIONATELY by
the debtors.
 INDIVIDUAL AND COLLECTIVE
OBLIGATIONS
INDIVIDUAL OBLIGATION – In
individual obligation there is one
debtor and one creditor

COLLECTIVE OBLIGATION – In
collective obligation there are two or
more debtors and two or more
creditors
SOLIDARITY SHOULD BE EXPRESSED

There is solidary liability only:

1. when the law provides,
2. stipulation expressly state
3. nature of obligation require
solidarity.

When the obligation is ambiguous

(hindi malinaw), it must be considered
as joint obligation.
 THERE IS A NEED TO
DETERMINE IF LIABILITY
IS JOINT OR SOLIDARY
BECAUSE OF THE
CONSEQUENCES
ATTACHED TO THE
NATURE OF LIABILITY.
CONSEQUENCES OF SOLIDARITY

1. Passive Solidarity – Any full

payment made by anyone of the
solidary debtors will extinguished the
obligation.

The one who paid can run after his co-

debtors for reimbursement
corresponding to each shares in the
obligation.
 EXAMPLE
X, Y, and Z are solidary debtors of A for
12K.
When the debt becomes due, A can
demand payment of the entire obligation
from X, Y or Z or from all of them.

If X paid the whole amount of 12K to A,

X may claim reimbursement from Y and
Z.
CONSEQUENCES OF SOLIDARITY

2. Active Solidarity – Any full

payment to anyone creditors
extinguish the obligation.

The creditor who received the entire

payment will be liable to pay the
corresponding shares of his co-
creditors in accordance with their
agreement.
 EXAMPLE
X owes the solidary creditors, W,
Y, Z and M, the amount of 100K.

X can pay W, Y, Z or M. If M
received 100K, M is liable to give
the corresponding share of co-
creditors, W,Y and Z.
 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
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
 Article 1208 explains about JOINT
DIVISIBLE OBLIGATION.
 
JOINT DIVISIBLE OBLIGATION
PRESUMPTION
When there is a concurrence of
several creditors or of several
debtors in one and in the same
obligation, the obligation is
presumed to be joint.
In Joint Divisible obligation:
Each of the creditors shall be
entitled to demand only the
payment of his proportionate share
of the credit.
Each of the debtors may be
compelled to pay only his
proportionate share of the debt.
The credits or debts shall be
considered distinct from one
another.
 CONSEQUENCES OF JOINT
OBLIGATION

Each debtor –
Each debtor is
liable for a
proportionate part
of the entire debt.
 EXAMPLE

W, X, Y, AND Z owe M 80K.

There is one credit which is
the 80K but there are four
debtors (W, X, Y, AND Z)
Each one owes M 20K. M
cannot collect the 80K
from W, X, Y, or Z.
 CONSEQUENCES OF JOINT
OBLIGATION

2. Each creditor –
Each creditor
entitled to a
proportionate part
of the credit.
 EXAMPLE
W is indebted to Y and Z for
200K. There is one debtor (W)
but 2 creditors (Y and Z)

Y can only collect 100K from

W. Z can only collect 100K
from W.
 CONSEQUENCES OF JOINT
OBLIGATION

3. Demand made by one

creditor upon one debtor
produces the effects of
default only as between
them, but not with
respect to the others.
 EXAMPLE
W and X are indebted to Y and Z
for 200K due on November 5,
2019. On due date Y demanded
payment from W who is unable
to pay. W is considered in
default. The default of W will not
affect X because there is no
demand to pay made to X.
 CONSEQUENCES OF JOINT
OBLIGATION

4. The interruption of
prescription caused by
the demand made by
one creditor upon one
debtor will not benefit
the co-creditors.
 EXAMPLE

W is indebted to Y and Z
for 200K due on
November 5, 2019. If Y
extended the period to
February 5, 2020, the
extension does not apply
to W debt to Z.
 CONSEQUENCES OF JOINT
OBLIGATION

5. The insolvency of one

debtor will not increase
the liability of his co-
debtors, nor will it allow
a creditor to demand
anything from the co-
creditors.
 EXAMPLE
W and X are indebted to Y for
200K due on November 5,
2019. If W becomes insolvent,
the liability of X remains at
100K which is the
proportionate share (1/2) of
the whole obligation.
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.
Article 1209 discussed Joint
Indivisible obligations

JOINT INDIVISIBLE OBLIGATION – is an

obligation where solidarity is not
provided and the prestation or object is
not susceptible of division; its fulfillment
requires the concurrence of all debtors,
while doing each one’s parts.

The act of one is not binding (others

must concur)
 EXAMPLE
W and X jointly obliged to deliver a
horse worth 2M to Y. The object, a
horse, is indivisible which W and X
must jointly deliver.

If W and X failed to deliver, they are

liable for damages. W and X are
liable to pay 1M each.
 1210. The
indivisibility of an
obligation does not
necessarily give
rise to solidarity.
Nor does solidarity
of itself imply
 Solidarity is
expressed in the
stipulations of the
party, law governing
the obligation, or the
nature of the
obligation.
INDIVISIBLE OBLIGATION

An obligation is
indivisible where the
prestation or object to
be delivered cannot be
performed by parts
without altering its
essence or substance.
 DIFFERENCE BETWEEN INDIVISIBILITY AND
SOLIDARITY

BASIS Indivisibility Solidarity

1. Nature Refers to Refers to
the the tie
prestation existing
of the between
parties of
contract the
obligation
(who is
liable)
DIFFERENCE BETWEEN INDIVISIBILITY AND
SOLIDARITY

BASIS Indivisibility Solidarity

2. Number Does
of not Require
subjects / require
parties
s
pluralit pluralit
y of y of
parties parties
DIFFERENCE BETWEEN INDIVISIBILITY AND
SOLIDARITY

BASIS Indivisibility Solidarity

Obligation is The
3. Effect of converted liability,
breach of into even if
monetary converted
obligation obligation for into
indemnity for indemnity
damages –
for
each debtor
is liable only
damages,
for his part in remains
the solidary.
indemnity.
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.
 The solidarity of the debtors is not affected
even if different terms and conditions are
made applicable to them.
 
There may be different terms and condition of
the obligation. Each can be enforced at
different times. The obligation that is due can
be enforced and those not yet due cannot be
enforced. If one obligation is due, it can be
enforced against anyone of the solidary
debtors although his obligation is not yet due.
Any one of the solidary debtor can be held
answerable for the prestation which become
due even if it was chargeable to the other co-
debtors.
 EXAMPLE
W, X, and Y owe Z 300K evidenced by a written
agreement binding them solidarily to pay Z under the
following terms and conditions:
W will pay 100K with 5% interest due on November
30, 2019
X will pay 100K with 8% interest due on November
30, 2020
Y will pay 100K with 11% interest due on November
30, 2021
  On November 31, 2019 Z can collect 100K with 5%
interest from W, X, or Y but not the whole amount of
300K because all is not yet due. Z needs to wait till
maturity date on November 31, 2021. On November
31, 2021, Z can collect from W, X, or Y because they
are liable solidarily.
1212. Each one of
the solidary
creditors may do
whatever may be
useful to the
others, but not
anything which
may be prejudicial
Every solidary creditor will benefit
from the useful acts of any one of
them.

However, if a solidary creditor

performs an act which is not
beneficial to his co-creditors, the act
may have valid legal effects or the
obligation of the debtor due to them
may be extinguished, but the
performing creditor shall be liable to
his co-creditors.
1213. A solidary
creditor cannot
assign his
rights without
the consent of
the others.
Assign – means to transfer a
right.

The assignee does not become

a solidary creditor, and any
payment made upon him by
the debtor does not extinguish
the obligation. He is considered
a STRANGER, and his acts are
not binding to the solidarity.
DOCTRINE OF MUTUAL AGENCY

In solidary obligations, the act of

one is act of the others.
Exceptions to the doctrine:
Art. 1212 – a creditor may not
perform an act prejudicial to other
creditors
Art. 1213 – a creditor cannot
transfer his right without consent of
the other creditor/s.
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 debtor can pay
any one of the solidary
creditors. Such
payment when
accepted by any of the
solidary creditors will
extinguish the
obligation.
To make the payment
effective to extinguish the
obligation, the debtor must
pay only to the demanding
creditor.

In case two or more demands

made by the other creditors,
the first demand must be
given priority.
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.
 NOVATION
Novation is the extinguishment of an
obligation by the substitution or
change of the obligation by a
subsequent one which extinguishes
or modifies the first, either by
changing the object or principal
conditions, or by substituting another
in place of the debtor, or by
subrogating a third person in the
rights of the creditor.
 Novation is the extinguishment
of an obligation by the
substitution or change of the
obligation by a subsequent one
which extinguishes or modifies
the first, either by changing the
object or principal conditions, or
by substituting another in place
of the debtor, or by subrogating
a third person in the rights of the
creditor.
Through NOVATION, the obligations
are modified by:

1. Changing their object or principal

conditions;
2. Substituting the person of the
debtor; and
3. Subrogating (placing) a third
person in the rights of the creditor.
[Art. 1291, CC]
 REQUISITES
1) There must be a previous valid
obligation;
2) The parties concerned must
agree to a new contract;
3) The old contract must be
extinguished; and
4) There must be a valid new
contract.
 EXAMPLE
CHANGING THE OBJECT OR PRINCIPAL CONDITION

X owe Y 50K. They decide

that Y instead of paying
50K will give his Iphone.
This new agreement which
is to give the Iphone
replaces the original
obligation to pay 50K.
 EXAMPLE
SUBSTITUTION OF DEBTOR

X owes Y 200K and Y owes

100K to Z. Through
novation, X debt can be
transferred to Z and
thereafter Y will no longer
have an obligation.
 COMPENSATION

Compensation, takes place

when two persons, in their
own right, become
creditors and debtors of
each other the amount of
one is covered by the
amount of the other.
 EXAMPLE
COMPENSATION

X borrowed 10K from Y. X did

some work for Y for 8K.

X obligation to Y is now 2K
only because the original
obligation was offset by the
work done by X to Y.
 CONFUSION

Confusion takes
place when the
characters of creditor
and debtor are
merged in the same
person.
 EXAMPLE
CONFUSION
X owe Y 50K. As payment X issued a
promissory note (PN) dated October 30, 2019.
Y endorsed the PN to Z in payment of his
obligation for the same amount.
Z endorsed the same PN to W for his
obligation.
W, who is indebted to X endorsed the PN to X.
X was paid by the same PN he issued. X
becomes the debtor and creditor at the same
time.
 REMISSION

Remission refers to
the gratuitous
abandonment by the
creditor of his right;
acceptance of the
obligor is necessary.
These 4 modes of
extinguishing obligations
are acts that affect the
other solidary co-creditors
because they have the
effect of extinguishing the
debt or obligation which
is due to all of them.
If these modes transpire,
the only recourse of the co-
creditors is to let the one
who executed any of those
acts be liable for the shares
corresponding to all his co-
creditors in accordance with
their agreement.
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
When there is passive
solidarity, the creditor can
proceed against:

1. Any of the solidary

debtors;
2. Some of the solidary
debtors;
3. All of the solidary debtors,
Extrajudicial (out of
court) demands, the
first demand shall not
prevent the subsequent
demands to the other
co-debtors, if co-debtor
where the first demand
was made did not act on
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.
Payment – consists in the
delivery of the thing or the
rendition (rendering) of the
service which is the object
of the obligation.

Interest – compensation for

the use of borrowed money
Partial payment – the solidary
debtor who made the partial
payment is entitled to be
reimbursed only for such
amount of money, which he
had paid and which exceeds his
own share in the obligation, in
proportion to the share of the
other solidary debtors.
If one of the debtors is
insolvent and could not
pay his share in the
obligation, all solidary
debtors including the
paying debtor shall share
proportionately in the
amount corresponding to
the share of the insolvent
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.
 There will be no reimbursement in the following
situations:

1. Obligation PRESCRIBES

Example- The creditor did not make any

demand for more than 10 years.

2. Obligation becomes ILLEGAL

Example-Law has been passed, prohibiting such

prestation.
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.
Any belated (delayed)
remission by the
creditor of the share
of any of the debtor
has no effect on the
internal relationship
of the co-debtors.
PAYMENT BEFORE REMISSION

W, X, and Y solidarily owe Z 30K. W

paid the entire obligation. After the
payment, Z cancel the debt of Y. W
can still collect 10K each from X
and Y even if the share of Y in the
obligation had been cancelled or
remitted because the remission will
not release Y from his
responsibility towards the co-
debtors
REMISSION BEFORE PAYMENT

W, X, and Y solidarily owe Z 30k.

Z cancel the debt of Y. Unknown
to W, he paid the entire
obligation. W can collect 10K
from A but not from Y. However,
W may ask Z to give back 10K,
which is the supposed-to-be
share of Y in the obligation.
1220. The
remission of the
whole obligation,
obtained by one of
the solidary
debtors, does not
entitle him to
reimbursement
This presupposes that
the remission is a
gratuitous act and in
this situation there is
nothing to reimburse
because the co-debtors
did not spend any
money.
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 extrajudicial demand upon him by the
creditor, the provisions of the preceding paragraph
shall apply.
If the thing is lost or prestation
becomes impossible to do the
following situations apply:

1. No fault on the part of the

solidary debtors.
The obligation is
extinguished.
2. There was fault on any one of
the solidary debtors.
All are liable because of their
mutual
agency.

3. Fortuitous event occurred but

there was delay on the part of the
debtors.
All will be liable.
Obligation to deliver
is converted into an
obligation to pay
indemnity when
there is loss or
impossibility of
performance.
 If the thing due was not lost,
but there is merely a delay,
fraud or negligence on the
part of one of the solidary
debtors, all (including the
innocent) debtors will share in
the payment of the PRINCIPAL
prestation. The damages and
interest imposed will be borne
by the guilty debtor.
 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.
Article 1222 tackled the defenses of
a solidary debtor:

1. Defense arising from the nature of

the obligation –
a. payment,
b. prescription,
c. remission,
d. statute of frauds,
e. presence of vices of consent, etc.
2. Defenses which are
personal to him or which
pertains to his own share
alone –

a. minority,
b. insanity; and,
c. others purely personal to
him.
3. Defenses personal
to the other solidary
creditors but only as
regards that part of
the debt for which the
other creditors are
liable.
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 REFERENCES
RA 386 Civil code of the Philippines
pinayjurist.com
batasnatin.com
academia.com
studocu.com
obligations and contract deleon