SECTION 4 - JOINT & SOLIDARITY OBLIGATIONS 2.

Where there is a plurality of parties (two or more

debtors and/or two or more creditors) and the share of
ART. 1207. The concurrence of two or more creditors each in the obligation is specified, the correlative rights
or of two or more debtors in one and the same and obligations of the parties are known.
obligation does not imply that each one of the former 3. On the other hand, let us suppose that in the same
has a right to demand, or that each one of the latter is obligation, the share of each debtor (or the share of
bound to render, entire compliance with the each creditor, if there are two or more creditors) is not
prestation. There is a solidary liability only when the specified. In such case, the presumption is that the
obligation expressly so states, or when the law or the obligation is joint, and as a consequence:
nature of the obligation requires solidarity. (a) there are as many debts as there are debtors
(b) there are as many credits as there are
ART. 1208. If from the law, or the nature or the creditors
wording of the obligations to which the preceding (c) the debts and/or credits are considered
article refers, the contrary does not appear, the credit distinct and separate from one another
or debt shall be presumed to be divided into as many (d) each debtor is liable only for a proportionate
equal shares as there are creditors or debtors, the part of the debt
credits or debts being considered distinct from one (e) each creditor is entitled only to a
another, subject to the Rules of Court governing the proportionate part of the credit
multiplicity of suits.
PRESUMPTION SUBJECT TO RULES ON MULTIPLICITY
KINDS OF OBLIGATIONS ACCORDING TO THE NUMBER OF SUITS
OF PARTIES "Subject to the Rules of Court governing the
1. Individual obligation - one where there is only one multiplicity of suits."
obligor or one obligee Situations may arise where there are many suits as
2. Collective obligation - one where there are two or there as debtors and creditors.
more debtors and/or two or more creditors. It may be RULES ON MULTIPLICITY OF SUITS: Seek to prevent the
joint or solidary filing of two or more suits or complaints for a single
cause of action or the same violation of the legal right of
MEANING OF: the plaintiff.
1. Joint obligation - one where the whole obligation is
to be paid or fulfilled proportionately by the different WORDS USED TO INDICATE JOINT LIABILITY
debtors and/or is to be demanded proportionately by Mancomunada;
the different creditors. Mancomunadamente;
2. Solidary obligation - one where each one of the Pro rata;
debtors is bound to render, and/or each one of the Proportionately;
creditors has a right to demand from any of the debtors, "We promise to pay" signed by two or more persons.
entire compliance with the prestation.
WHEN OBLIGATION SOLIDARY
COLLECTIVE OBLIGATION PRESUMED TO BE JOINT Solidary liability is not lightly inferred. Under Art. 1207,
1. If A is liable to B for P9,000.00, there can be no there is solidary liability only when:
problem regarding the determination of the following: (1) the obligation expressly so states;
(a) the person liable to pay (2) the law requires solidarity; or
(b) the person entitled to demand payment (3) the nature of the obligation requires solidarity.
(c) the extent of the liability of the debtor Solidary liability also exists when it is imposed in a final
(d) the extent of the right of the creditor judgment against several defendants.
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 against all the debtors. If one of the latter should be
WORDS USED TO INDICATE SOLIDARY LIABILITY insolvent, the others shall not be liable for his share.
Jointly and/or severally;
Solidaria; JOINT INDIVISIBLE OBLIGATION
In solidum; • The obligation is joint because the parties are merely
Together and/or separately; proportionately liable.
Individually and/or collectively; • It is indivisible because the object or subject matter is
Juntos o separadamente; not physically divisible into different parts.
"I promise to pay" signed by two or more persons. • IN OTHER WORDS, it is joint as to liabilities of the
debtors or rights of the creditors but indivisible as to
KINDS OF SOLIDARITY compliance.
1. According to the parties bound: • This obligation constitutes the middle ground
(a) Passive solidarity - on the part of the between a joint and solidary obligation.
debtors, where any one of them can be made liable for
the fulfillment of the entire obligation. It is in the nature ART. 1210. The indivisibility of an obligation does not
of a mutual guaranty. necessarily give rise to solidarity. Nor does solidarity of
(b) Active solidarity - on the part of the itself imply indivisibility.
creditors, where any one of them can demand the
fulfillment of the entire obligation. Its essential feature INDIVISIBILITY AND SOLIDARITY DISTINGUISHED
is that of mutual representation among the solidary Indivisibility refers to the Solidarity refers to the
creditors with powers to exercise the rights of others in prestation. juridical or legal tie that
the same manner as their rights. binds ties.
(c) Mixed solidarity - on the part of the debtors
and creditors, where each one of the debtors is liable to In Indivisible Obligation, In Solidary Obligation, all
render, and each one of the creditors has a right to only the debtor guilty of of the debtors are liable
demand, entire compliance with the obligation. breach of obligation is for the breach of the
liable for damages.
2. According to source: obligation committed by a
(a) Conventional solidarity - where solidarity is debtor.
agreed upon by the parties. If nothing is mentioned in
the contract relating to solidarity, the obligation is only Indivisibility can exist In Solidarity, there must
joint. although there is only one be at least two debtors or
debtor and one creditor. to creditors.
(b) Legal solidarity - where solidarity is imposed
by the law.
(c) Real solidarity - where solidarity is imposed In Indivisible Obligation, In Solidary Obligation, the
by the nature of the obligation. the others are not liable in other debtors are
case of solvency of one proportionately liable.
SOLIDARITY NOT PRESUMED debtor.
Presumption: There are two or more persons in the
same obligation is that it is joint.
FIRST SENTENCE OF ART. 1210
Reason: Solidarity obligations are very burdensome for
• Means liability in an invisible obligation may be either
they create unusual rights and liabilities.
joint or solidary.
SECOND SENTENCE OF ART. 1210
ART. 1209. If the division is impossible, the right of the
• Means that in a solidary obligation, the subject matter
creditors may be prejudiced only by their collective
may be divisible or indivisible.
acts, and the debt can be enforced only by proceeding
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ART. 1211. Solidarity my exist although the creditors ASSIGNMENT BY SOLIDARY CREDITOR ON HIS RIGHTS
and the debtors may not be bound in the same • In the absence of consent given by the others, a
manner and by the same periods and conditions. solidary creditor cannot assign his rights to a third
person.
KINDS OF SOLIDARY OBLIGATION ACCORDING TO THE • REASON: each creditor represents the others and the
LEGAL TIE assignee may not have the confidence of the original
1. Uniform - when the parties are bound by the same solidary creditors considering that the assignee after
stipulations receiving payment may not give the shares of the
2. Non-uniform or varied - when the parties are not others.
subject to the same stipulations • If the assignment is made to a co-creditor, the consent
of the other creditors is not necessary.
SOLIDARITY NOT AFFECTED BY DIVERSE STIPULATIONS
RULE: The creditor may bring his action 'in toto' against ART. 1214. The debtor may pay any one of the solidary
any of the solidary debtors LESS the shares of the other creditors; but if any demand, judicial or extrajudicial,
debtors with unexpired terms or unfulfilled conditions has been made by one of them, payment should be
who are entitled to defenses under ART. 1222. made to him.
Upon the expiration of the term or the
fulfillment of the condition, the creditor will have the PAYMENT TO ANY OF THE SOLIDARY CREDITORS
right to demand the payment of the remainder. RULE: debtor may pay any one of the solidary creditors.
HOWEVER, the parties may stipulate that any • But when a demand, judicial or extrajudicial, has been
solidary debtor already bound may be made liable for made by one of them, to avoid confusion, as well as
the entire obligation. prejudice to the more diligent creditor, payment should
be made to him; OTHERWISE, the obligation will not be
ART. 1212. Each one of the solidary creditors may do extinguished except insofar as the creditor-payee's
whatever may be useful to the others, but not share is concerned in case the latter does not give to the
anything which may be prejudicial to the latter. other creditors their shares in the payments.
• ART. 1214 is applicable not only in cases of active
ACT OF SOLIDARY CREDITOR USEFUL/PREJUDICIAL TO solidarity but also where the solidarity is mixed
OTHERS although the singular "debtor" is employed in case of
•A solidary creditor may do any act beneficial or useful mixed solidarity, the debtor upon whom no demand has
to the others but he cannot perform any act prejudicial been made, may pay any one of the solidary creditors.
to them.
• If he performs such act and as a result the obligation is ART. 1215. Novation, compensation, confusion or
extinguished, he shall be responsible to the others for remission of the debt, made by any of the solidary
damages. creditors or with any of the solidary debtors, shall
• As far as the debtor/s are concerned, the act shall be extinguish the obligation, without prejudice to the
valid and binding. provisions of Article 1219.
RULE: based on the theory of MUTUAL AGENCY (right of
one to act for and in the name of the others) among the The creditor who may have executed any of these acts,
solidary creditors. as well as he who collects the debt, shall be liable to
the others for the share in the obligation
ART. 1213. A solidary creditor cannot assign his rights corresponding to them.
without the consent of the others.

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LIABILITY OF SOLIDARY CREDITOR IN CASE OF He who made the payment may claim from his co-
NOVATION, COMPENSATION, CONFUSION, OR debtors only the share which corresponds to each,
REMISSION with the interest for the payment already made. If the
Novation (Art. 1291) payment is made before the debt is due, no interest
Compensation (Art. 1278) for the intervening period may be demanded.
Confusion (Art. 1275)
Remission (Art. 1270) When one of the solidary debtors cannot, because of
- are modes or causes of extinguishment of obligations his insolvency, reimburse his share to the debtor
(Art. 1231). paying the obligation, such share shall be borne by all
• It is but logical that the creditor who executed any of his co-debtors, in proportion to the debt of each.
these acts should be liable to the others for their
corresponding shares considering that such acts are EFFECTS OF PAYMENT BY A SOLIDARY DEBTOR
prejudicial to them. 1. Between the solidary debtors and creditor(s) -
payment made by one of the solidary debtors
EFFECT OF NOVATION, ETC. WHERE OBLIGATION JOINT extinguishes the obligation. However, the creditor for
• In a joint obligation, novation, compensation, his protection is given the right to choose which offer to
confusion, remission, prescription, and any other causes accept if two or more solidary debtors offer to pay.
of modification or extinction does not extinguish or 2. Among the solidary debtors - after payment of the
modify the obligation except with respect to the debt, the paying solidary debtor can demand
creditor/debtor affected, without extending its reimbursement from his co-debtors for their
operation to any other part of the debt or of the credit. proportionate shares with (legal) interest only from the
time of payment.
ART. 1216. The creditor may proceed against any one 3. Among the solidary creditors - the receiving creditor
of the solidary debtors or some or all of them is jointly liable to the others for their corresponding
simultaneously. The demand made against one of shares.
them shall not be an obstacle to those which may
subsequently be directed against the others, so long as ART. 1218. Payment by a solidary debtor shall not
the debt has not been fully collected. entitle him to reimbursement from his co-debtors if
such payment is made after the obligation has
RIGHT OF CREDITOR TO PROCEED AGAINST ANY prescribed or become illegal.
SOLIDARY DEBTOR
• The above provision is not applicable to a joint EFFECT OF PAYMENT AFTER OBLIGATION HAS
obligation. PRESCRIBED OR BECOME ILLEGAL
• It reiterates the rule that in a solidary obligation RULE: When a solidary debtor pays the obligation; he is
(passive solidarity), any one or some or all of the entitled, to reimbursement from his co-debtors.
solidary debtors simultaneously, may be made to pay • Art. 1218 mentions two cases when the paying debtor
the debt so long as it has not been fully collected. cannot get any reimbursement. When the obligation
• The choice is left to solidary creditor to determine has already prescribed or become illegal, the obligation
against whom he will enforce collection. is extinguished.
• HENCE, there is no more obligation to be complied
ART. 1217. Payment made by one of the solidary with.
debtors extinguishes the obligation. If two or more
solidart debtors offer to pay, the creditor may choose PRESCRIPTIVE PERIODS OF ACTIONS
which offer to accept. • By "prescription", one acquires ownership and other
rights through the lapse of time in the manner and
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under the conditions laid down by law. In the same way, NO RIGHT TO REIMBURSEMENT IN CASE OF
rights and actions are lost by prescription. REMISSION
• The following actions must be brought w/in ten REASON: the debtor WHO obtains remission pays
years from the time the right of action accrues: nothing to the creditor.
1. Upon a written contract • Remission is essentially gratuitous. It is really a
2. Upon an obligation created by law donation.
3. Upon a judgment • Observe that the article applies only when the whole
• The following actions must be commenced w/in six obligation is remitted.
years: • In case of novation, compensation, or confusion, the
1. Upon a oral contract debtor with whom it is effected is entitled to recover
2. Upon a quasi-contract from his co-debtors their corresponding shares of the
• The following actions must be instituted w/in four obligation.
years:
1. Upon an injury to the rights of the plaintiff ART. 1221. If the thing has been lost or if the
2. Upon a quasi-delict prestation has become impossible without the fault of
the solidary debtors, the obligation shall be
ART. 1219. The remission made by the creditor of the extinguished.
share which affects one of the solidary debtors does
not release the latter from his responsibility towards If there was fault on the part of any one of them, all
the co-debtors, in case the debt had been totally paid shall be responsible to the creditor, for the price and
by anyone of them before the remission was affected. the payment of damages and interest, without
prejudice to their action against the guilty or negligent
EFFECT OF REMISSION OF SHARE AFTER PAYMENT debtor.
• If payment is made first, the remission or waiver is of
no effect. There is no more obligation to remit. If through a fortuitous event, the thing is lost or the
• If remission is made previous to the payment and performance has become impossible after one of the
payment is made, solutio indebiti arises. solidary debtors has incurred in delay through the
- it is incumbent upon the debtor whose debt is judicial or extrajudicial demand upon him by the
remitted to prove the priority of the remission to the creditor, the provisions of the preceding paragraph
payment to release him from responsibility towards his shall apply.
co-debtors.
PURPOSE OF THE ARTICLE: To forestall fraud whereby RULES IN CASE THING HAS BEEN LOST OR PRESTATION
the debt having been paid, the creditor who does not HAS BECOME IMPOSSIBLE
stand to suffer any loss or damage, remits the share of a - the liability of the solidary debtors depends upon
particular debtor. whether or not there is fault or delay.
• The article also secures equality and justice to the 1. Loss is without fault and before delay
paying debtor inasmuch as the payment benefits his co- 2. Loss is due to fault on the part of a solidary debtor
debtors. 3. Loss is without fault but after delay

ART. 1220. The remission of the whole obligation ART. 1222. A solidary debtor may, in actions filed by
obtained by one of the solidary debtors, does not the creditor, avail himself of all defenses which are
entitle him to reimbursement from his co-debtors. 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
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that part of the debt for which the latter are
responsible.

DEFENSES AVAILABLE TO A SOLIDARY DEBTOR

1. Defenses derived from the nature of the obligation -
complete defense, because it nullifies the obligation or
renders it ineffective. Other examples are fraud,
prescription, remission, illegality or absence of
consideration, re judicata, non-performance of a
suspensive condition, etc.
2. Defenses personal to, or which pertain to share of,
debtor sued
3. Defenses personal to other solidary debtors