Section 4 the law or the

JOINT AND SOLIDARY OBLIGATION nature of the

obligation
Art. 1207. The concurrence of two or more creditors or of requires
two or more debtors in one and the same obligation does solidarity (NCC,
not imply that each one of the former has a right to Art. 1207).
demand, or that each one of the latter is bound to render,
entire compliance with the prestation. There is a solidary Liability of each Proportionate Obliged to pay
liability only when the obligation expressly so states, or debtor part of the entire the entire
when the law or the nature of the obligation requires debt. obligation
solidarity.
Right of the Each creditor, if Each creditor
Joint Distinguished from Solidary Obligations creditor to the there are has the right to
fulfillment of the several, is demand from
Joint Obligation Solidary Obligation obligation entitled only to a any of the
“each obligor answers “a solidary or joint and proportionate debtors, the
only for a part of the whole several Obligation, the part of the payment or
liability and to each relationship between the credit. fulfillment of the
obligee belongs only a active and the passive entire obligation
part of the correlative subjects is so close that (Tolentino,
rights.” each of the former or of 1999).
the latter may demand the
fulfillment of or must GR GR: When two or more creditors or two or more
comply with the whole debtors concur in one and the same obligation, the
obligation.” presumption is that the obligation is joint.
“To each his own.’’ “One for all, all for one.”
A and B are joint debtors A and B are solidary
of C to the amount of debtors of C to the The obligation shall only be solidary when: (LEN-CJ)
P1,000,000. C can amount of P1,000,000. C 1. Law requires solidarity;
demand only P500,000 can demand the whole 2. Expressly stipulated that there is solidarity;
from A, and only P1,000,000 from A. A in 3. Nature of the obligation requires solidarity;
P500,000 from B. turn, after paying C, can e.g. Civil liability arising from crime.
ask reimbursement from 4. Charge or condition is imposed upon heirs or legatees
B to the amount of and the will expressly makes the charge or condition in
P500,000. solidum (Manresa); or
A and B are joint debtors A and B are solidary 5. Solidary responsibility is imputed by a final Judgment
of C, D, E, and F, who are debtors of C, D, E, F, upon several defendants (Gutierrez v. Gutierrez, 56 Phil
joint creditors to the solidary creditors, to the 177, GR 34840, September 23, 1931).
amount of P1,000,000. C amount of P1,000,000.
may demand only Any creditor, like C, can General Rule — Joint
P125,000 from A, and demand from any debtor, Exceptions —
P125,000 from B. D, E, like A, the whole (a) when there is a stipulation in the contract that the
and F, have the same P1,000,000. In turn, C has obligation is solidary
rights as C. to give P250,000 each to
D, E, and F. B has to (b) when the nature of the obligation requires liability to be
reimburse A for P500,000 solidary
which is really B’s share of
the obligation. (c) when the law declares the obligation to be solidary

Joint Solidary Some Instances Where the Law Imposes Solidary Liability
Presumption by Presumed by Not presumed. (a) obligations arising from tort
law law. (NCC, Art. Must be
1208). expressly (b) obligations arising from quasi-contracts
stipulated by the
parties, or when (c) legal provisions regarding the obligations of devisees
and legatees
 Three persons signed a contract. No words were
(d) liability of principals, accomplices, and accessories of a used to make each liable for the whole amount.
felony
Answer:
(e) bailees in commodatum Each one is liable only for his proportion or aliquot share of
the obligation. “If three persons sign a contract under the
***Commodatum refers to a gratuitous loan of a movable provisions of the Civil Code, and no words are used to
property which is to be returned undamaged to the lender. make each liable for the full amount, each is only liable for
The word commodatum comes from the Latin word the proportionate amount of the contract. From a reading of
commodore which means “to lend.” It is a loan for use at the contract in question, it will be seen that it is una
loan. This arrangement is for the sole benefit of the obligacion mancomunada y no solidaria and that the three
borrower. debtors are not liable separately for the payment of the
whole amount. They are each liable for an aliquot part of
the original obligation.”
(5) Query
*****Aliquot Law and Legal Definition. The
May the obligation be joint on the side of the creditors and term aliquot means “a definite fractional share, usually
solidary on the side of the debtors or vice-versa? applied when dividing and distributing a dead person's
estate or trust assets.”
ANS.: Yes. “In such cases, the rules applicable to each
subject of the obligation should be applied, the character of *** “If a judgment does not specify how certain debtors are
the creditors or the debtors determining their respective bound it is presumed that they are bound ‘jointly’ and not
rights and liabilities.” (8 Manresa, pp. 201-202). ‘solidarily’.’’ (Uk Pa Leung v. Nigorra, 9 Phil. 381; Floriano
v. Delgado, 11 Phil. 154; White v. Enriquez, 15 Phil. 113;
Examples: De Leon v. Nepomuceno and De Jesus, supra).

A and B are joint debtors of C, D, E, and F, solidary

creditors to the amount of P1,000,000. How much can C Art. 1208. If from the law, or the nature or the wording of
collect from A? the obligations to which the preceding article refers the
contrary does not appear, the credit or debt shall be
ANS.: C is a solidary creditor, so presumably he can collect presumed to be divided into as many equal shares as there
the whole debt. But since A is only a joint debtor, C is are creditors or debtors, the credits or debts being
entitled to collect only P500,000 from A. considered distinct from one another, subject to the Rules
******************************************* of Court governing the multiplicity of suits.
A and B are solidary debtors of C, D, E, and F, joint
creditors to the amount of P1,000,000. How much can C
recover from A? Presumption That Obligation Is Joint
ANS.: Since C is only a joint creditor, he can only recover
his share which is P250,000 from A, a solidary debtor. This Article gives us the presumption that when there are
two or more debtors, or two or more creditors, the
(NOTE: Had C been solidary creditor, he could have obligation is joint and as a consequence:
recovered P1,000,000 from A; had A been a joint debtor,
and C, also a joint creditor, C could have recovered only (a) The debt shall be divided into as many shares as there
P125,000 from A.) are creditors or debtors.

CASE Issues: (b) The credits or the debts will be distinct from one
another, BUT regarding the bringing of the action in
Issue: court, the Rules of Court governing the multiplicity of
In the absence of any fact or law which would make the suits will be followed.
defendants solidarily liable, are they jointly or solidarily
responsible?
Distinct Shares
Answer:
The presumption is that they are only jointly liable.  In joint obligations, the different shares of the debt or
the credit are considered distinct from one another.
Issue:
 The aim of the Rules of Court is to obtain a just,
speedy, and inexpensive determination of every action (a) If it arises out of a contract, the liability is joint or pro
or proceeding, it would be much better to sue all the rata. (Art. 1816, Civil Code). Exception — if the
necessary parties at the same time. dependents of an employee claim compensation for the
employee’s death in line of duty. (Liwanag, et al. v.
Workmen’s Compensation Commission, GR L-12164,
Mancommunada = Joint; shared;together May 22, 1959).

Synonyms Of: (b) If it arises out of a crime or a quasi-delict, the liability is

solidary (together with the partnership). (Arts. 1822,
Joint obligation Solidary obligation 1823 and 1824, Civil Code).
mancomunada joint and several
mancomunada simple in solidum Liabilities of Agents
proportionate mancomunada solidaria
pro rata juntos o separadamente In general — joint, even if appointed at the same time,
individually and unless solidarity has been agreed upon. (Art. 1894, Civil
collectively Code).
each will pay the whole
value Liabilities of Co-Principals (In Agency)
“We promise to pay,” “I promise to pay,” when
when there are two or there are two or more Solidary.
more signatures signatures
= joint liability. = solidary liability. Liabilities of Employer and Employee for the Latter’s
Tortious Act
Some Consequences of Joint Liability Here, the liability of an employer is primary (not
(a) Vitiated consent on the part of one debtor does not subsidiary), and solidary with that of the employees. (Arts.
affect the others. 2180 and 2194, Civil Code). However, if the injured party
does not appeal from an erroneous judgment holding the
Example: A and B are joint debtors of C for P1,000,000. liability to be merely subsidiary, instead of solidary, the
A’s consent was obtained by C thru fraud. B same becomes res judicata, and the obligation ceases to
would still be liable for P500,000, while A will be solidary. (Bachrach Motor Co. v. Gamboa, L-10296,
not be liable, since the 2 debts are considered May 21, 1957).
distinct from each other.
(b) Insolvency of one debtor does not make others Query
responsible for his share.
If a contract states “Jose or Maria will pay you P1,000,000”
Example: A, B, and C are joint debtors of D for P3,000,000. (disjunctive obligations), should this be considered
If A is insolvent, how much should B pay D? alternative, joint, or solidary?

ANS.: Only P1,000,000, his own proportionate share. ANS.: It really depends upon the intention of the parties.
Hence, if what is intended is to have the obligation satisfied
(c) Demand by the creditor on one joint debtor puts him in in full, the payer being immaterial, the courts may be
default, but not the others since the debts are distinct. inclined to consider the same as solidary, with the creditor
being given the right to select who would pay, and in case
(d) When the creditor interrupts the running of the of partial performance merely, he can still ask the other for
prescriptive period by demanding judicially from one, the balance.
the others are not affected. (Therefore, it is possible
that the share of one joint debtor has not prescribed, Art. 1209. If the division is impossible, the right of the
while those of the others have already prescribed.) creditors may be prejudiced only by their collective acts,
(Agoncillo & Marino v. Javier, 38 Phil. 424 and 1 Geogi and the debt can be enforced only by proceeding against
83; 33 Dallos 297). all the debtors. If one of the latter should be insolvent, the
others shall not be liable for his share.
(e) Defenses of one debtor are not necessarily available to
the others. (See 8 Manresa 200-201). Indivisible Joint Obligation

Liabilities of Partners This Article speaks of an indivisible joint obligation

 (f) Each joint creditor is allowed to renounce his
proportionate credit.
indivisible — referring to the OBJECT;
Example
joint — referring to the TIE A, B, and C are jointly liable to give a particular car worth
P1.2 million in favor of D, E, F, and G. A is insolvent and
between the parties, who are merely proportionately liable, the debtors, therefore, cannot purchase the car to give to
unless solidarity has been stipulated by the parties or the the creditors. D and E have renounced their rights. The
law, in which case, it is called a SOLIDARY INDIVISIBLE debtors are not in default.
OBLIGATION.
How much can each of the creditors get from each of
Manresa’s Comment the debtors?
“The obligation is in a sense midway between the joint and
the solidary, although it preserves the two characteristics of ANS.: Since this is a joint and indivisible obligation and
the joint obligation in that: since the car cannot be given, it is converted into an
obligation to give indemnity for damages. Since this is a
(a) no creditor can do an act prejudicial to the others, and joint obligation, each debtor is proportionately liable and
(b) no debtor can be made to answer for the others. each creditor is only entitled to his proportional credit.

The peculiarity of this obligation, however, is that its P1.2M divided by 3 = (the total debt of each
fulfillment requires the consent of all the debtors, although P400,000 debtor) = P 400,000
each for his part. On the side of the creditors, collective P 400,000 divided by 4 = (the credit belonging to
action is also required for acts which may be prejudicial.” (8 P100,000 each joint creditor, not
Manresa 197). from each joint debtor). =
***** P100,000
*FULFILLMENT requires the CONSENT OF ALL A is insolvent, and his share will not be included in the
DEBTORS liability of B and C.
*COLLECTIVE ACTION is also required for acts which may
be prejudicial

Characteristics Therefore:
(a) The obligation is joint but since the object is indivisible, (a) D and E having renounced their rights, they get nothing.
the creditor must proceed against ALL the joint debtors
(Art. 1209), for compliance is possible only if all the joint (b) F has not renounced his right, so he can get P100,000
debtors would act TOGETHER. from B and P100,000 from C. Over A, F has the rights
of creditor over an insolvent debtor.
(b) Demand must, therefore, be made on ALL the joint
debtors. (c) G has exactly the same rights as F.
(c) If any one of the debtors does not comply with his A Demand by One Joint Creditor Is Not a Demand by the
monetary obligation for damages. (Art. 1224, Civil Others
Code; 8 Manresa 237-238).
In a joint indivisible obligation, if one of the joint creditors
(d) If any of the joint debtors be insolvent, the others shall makes a demand upon one of the debtors, there is no
not be liable for his share. (Art. 1209, Civil Code). doubt that the debtor is in default with reference to the
demanding creditor’s share.
(NOTE: The obligation to pay monetary damages is of
course no longer indivisible, and therefore, the creditor Is she also in default with reference to the others?
may go against each debtor individually, subject to the
provisions of the Rules of Court.) ANS.: Although it would seem that the answer is YES,
because this act benefits, and does not prejudice the
(e) If there be joint creditors, delivery must be made to all, others, and is therefore implicitly what the law provides
and not merely to one, unless that one be specifically (See 8 Manresa 197), still it should be borne in mind that
authorized by the others.
the credits are still independent of one another and, Art. 1211. Solidarity may exist although the creditors and
therefore, the answer should be NO. the debtors may not be bound in the same manner and by
Effect of breach of a joint indivisible obligation by one the same periods and conditions.
debtor
COMMENT:
If one of the joint debtors fails to comply with his Solidarity Despite Different Terms or Conditions
undertaking, and the obligation can no longer be fulfilled or
performed, it will then be converted into one of indemnity (a) According to Sanchez Roman, what are the different
for damages. Innocent joint debtor shall not contribute to ways by which two debtors may be bound?
the indemnity beyond his corresponding share of the
obligation. ANS.:
1) Uniform — when the debtors are bound by the same
stipulations and clauses;
Art. 1210. The indivisibility of an obligation does not
necessarily give rise to solidarity. Nor does solidarity of
2) Otherwise — where the obligors though liable for the
itself imply indivisibility.
same prestation, are nevertheless not
subject to the same secondary stipulations
Indivisibility as Distinguished from Solidarity
and clauses. (4 Sanchez Roman 50).
Indivisibility — refers to the Subject Matter
(b) Example of a case when solidarity may exist even when
the creditors and the debtors are not bound in the same
Solidarity — refers to the Tie between the Parties.
manner:
A and B solidarily bound themselves to pay a total of
(Hence, the two are not the same.)
P1,000,000 to C, D, and E subject to the following
conditions and terms: C’s share will be due at the
Examples
end of the year; D will get his share only if he passes
the bar; and E will get his share only after he (E) has
a) Joint divisible A and B are jointly liable to X for
painted the house of X. Here, the obligation is still
obligation P1 million
solidary.
b) Joint indivisible A and B are jointly liable to give (c) In the example given in (b), when will this solidary
obligation X this car obligation be due and demandable?
c) Solidary divisible A and B are solidarily bound
obligation to give X P1 million ANS.: The obligation is still solidary but C’s share will only
d) Solidary A and B are solidarily be due and demandable at the end of the year, and
indivisible bound to give X this car. E and D’s shares will be due and demandable only
obligation upon the Fulfillment of the condition. Supposing the
obligation is to be subject to different terms and
The Different Kinds of Solidarity conditions, the following is the solution: the creditor
First classification: may recover that part which is pure and
Active solidarity on the part of the creditors unconditional, and should leave in suspense or
or obligees pending, the right to demand the payment of the
Passive solidarity on the part of the debtors remainder until the expiration of the term or the
or obligors fulfillment of the condition. Solidarity is still
Mixed solidarity on the part of the obligors preserved by recognizing in the creditor the power,
and obliges or on the part upon the fulfillment of the condition or the expiration
of the debtors and the of the term, of claiming from any or all of the
creditors debtors, that part of the obligation effected by these
conditions.’’ (Scaevola,Codigo Civil Comentado y
Second classification: Concordado, Vol. 19, pp. 800- 801).
Conventional solidarity agreed upon by the
parties
Legal solidarity that imposed by the law