Article 1208: Joint Obligation: Individually and Collectively, in Solidum, Mancomunada Solidaria, I Promise To Pay, One

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SECTION 4 2.

LEGAL SOLIDARITY - solidarity imposed upon


JOINT and SOLIDARY OBLIGATIONS by law. (Quasi – delict, in crime as to
(Article 1207 to 1222) principal, accomplices, and accessories, agent
exceeded his authority)
KINDS OF OBLIGATION ACCORDING TO NUMBER OF 3. REAL – solidarity imposed upon by the nature
PARTIES: of the obligation.
1. INDIVIDUAL- when there is only one obligor
(debtor) (passive) or one obligee (creditor) Article 1208
(active). If from the law, or the nature or the wording of the
2. COLLECTIVE – One where there are two or obligations to which the preceding article refers the
more debtors and/or creditors. It may be joint or contrary does not appear, the credit or debt shall be
solidary presumed to be divided into as many shares as there
KINDS OF COLLECTIVE OBLIGATIONS: are creditors or debtors, the credits or debts being
1. SOLIDARY (Article 1207)- One in which each considered distinct from one another, subject to the
debtor can pay the whole obligation or each Rules of Court governing the multiplicity of suits.
creditor can demand for the payment of the
whole obligation. (jointly and severally, Article 1208: Joint Obligation
individually and collectively, in solidum, IN JOINT OBLIGATIONS:
mancomunada solidaria, I promise to pay, one PRESUMPTION THAT OBLIGATION IS JOINT
for all, all for one) • In the absence of proof that
2. JOINT (Article 1208) – Each debtor pays his obligation is SOLIDARY - - it is considered as JOINT.
share of the obligation or each creditor has the • Reason:
right to collect his share of the obligation. ✓ Solidarity is
(proportionate, pro – rata, mancomunada, burdensome for they create unusual rights
mancomunada simple, we promise to pay, and and obligations.
to each his own) ✓ It favors the
debtors.
Article 1207
The concurrence of two or more creditors or of two Comparision Between Joint And Solidary Obligations
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: Solidary Obligation


KINDS OF SOLIDARY OBLIGATIONS:
A. According to Parties Bound
1. PASSIVE - solidarity on the part of the debtors ILLUSTRATIONS – Joint and Solidary Obligations
when one of them can be made liable for the JOINT Creditor and JOINT Debtors
entire obligation. (Mutual Guaranty) • ABC - - DEF (P 9,000.00)
2. ACTIVE - solidarity on the part of the • A, B, or C can collect P 3,000
creditors when one of them can demand only from either D E or F
fulfillment of the entire obligation. SOLIDARY Creditors and SOLIDARY Debtors
3. MIXED - solidarity on the part of both the • ABC - - DEF (P 9,000.00)
creditors and debtors. Each can debtor can be • EITHER A, B, or C can collect
required to pay the whole obligation and each either from DEF the whole P 9,000.00
creditor can demand payment of the whole JOINT Creditors and SOLIDARY Debtors
obligation. • ABC - - DEF (P 9,000.00)
KINDS OF SOLIDARY OBLIGATIONS: • A,B, or C can collect only
B. According to SOURCE P3,000.00 from either D, E,or F
1. CONVENTIONAL SOLIDARITY – Solidarity • Either D, E, or F may pay the
agreed upon by the parties. (Article 1306). If whole P 9,000.00 (or P 3,000.00 each to ABC)
no mention in the contract as to solidarity, it SOLIDARY Creditors and JOINT Debtors
is JOINT. • ABC - - DEF (P 9,000.00)
• Either A,B, C may collect the
whole P 9,000 .00
• D, E, and F should only pay ✓ E, F, and G has the rights of a creditor against
their corresponding share toP 3,000.00 the insolvent A. Meaning, they can run after A
and file a case against him.
Article 1209
If the division is impossible, the right of the creditors
may be prejudiced only by their collective acts, and Article 1210
the debt can be enforced only by proceeding against The indivisibility of an obligation does not necessarily
all the debtors. If one of the latter should be give rise to solidarity. Nor does solidarity of itself
insolvent, the others shall not be liable for his share.  imply indivisibility.
Article 1209 • The Indivisibility of an obligation does not
necessarily give rise to solidarity nor does
IN JOINT INDIVISIBLE OBLIGATION: solidarity imply indivisibility.
• Joint as to obligation but indivisible as to • Indivisibility refers to OBJECT while Solidarity
object (example: CAR) refers to tie between parties.
• Liability in an indivisible obligation may either
CHARACTERISTIC OF JOINT INDIVISIBLE be joint or solidary; In solidary obligation, the
OBLIGATION: subject matter may be divisible or indivisible.
1. Demand must be made to ALL joint debtors.
2. Creditors must proceed to ALL joint debtors. Article 1211
3. Joint creditor is allowed to renounce his Solidarity may exist although the creditors and the
proportionate credit. debtors may not be bound in the same manner and
4. Delivery must be made to all joint creditors by the same periods and conditions.
unless one of them has authorized by the others Essence of solidarity - - right of creditor to enforce
to receive payment in their behalf. and liability on the part of the debtor to answer
5. If one of the joint debtor’s become insolvent, liabilities.
the others should not be liable. Example
6. If one of the debtors cannot comply with the • A, B, C, and D are solidary debtors
proportionate obligation, the obligation is obliged to pay E P 40,000.00 to be payable as
converted into a monetary consideration. The follows:
debtor who cannot comply will pay his share plus ✓ ABCD to pay P 10,000.00
damages when his financial conditions improve. Jan(A) Feb (B) Mar (C)Apr (D)
✓ E can collect the 10,000 of A
ILLUSTRATIONS – Joint INDIVISIBLE OBLIGATION on Jan from either A,B,C,D but cannot
 A and B are jointly liable to give C a BE collect that of B yet for it is due on Feb
EMMDOUBLEYOU CAR.
The liability of A and B (joint debtors) to C is joint Article 1212
but the car is indivisible. C must get the car from A Each one of the solidary creditors may do whatever
and B because for the car to be given, it requires may be useful to the others, but not anything which
the collective act of both A and B. may be prejudicial to the latter.
 A, B, and C are jointly liable to D, E, F and G a
Honda Civic worth P 600,000.00. A (debtor) USEFUL and PREJUDICIAL ACT - - if the relationship
became insolvent and D (creditor) renounces his among creditors is solidary, they are MUTUAL
right. AGENTS of one another. Under Article 1212, a
What are the rights of E, F and G (creditors) solidary creditor may do a useful but not a prejudicial
against B and C (debtors)? act.
✓ The obligation needs to be converted into Example
one which is monetary. • Giving of Demand Letter (useful)
✓ supposedly the debt of A, B, and C amounted • Condonation or Remission of Debt
to P 200,000.00 each. (Prejudicial) 
✓ E, F and G (creditors) can collect P 50,000.00
each from A, B, and C. Article 1213
 RESULT OF A’s insolvency and D’s renunciation? A solidary creditor cannot assign his rights without
✓ D having renounced the obligation gets the consent of the others.
nothing. Assignment of Rights
✓ E , F, and G can get P 50,000.00 from B and P • Mutual Agency in Solidarity
50,000.00 from C. • Based on Trust and Confidence
• In assigning the rights to other,
consent is needed because it is possible that the
other parties is not confident or has no trust on The creditor may proceed against any one of the
the assignee. solidary debtors or some or all of them
simultaneously. The demand made against one of
Article 1214 them shall not be an obstacle to those which may
The debtor may pay any one of the solidary subsequently be directed against the others, so long
creditors; but if any demand, judicial or extrajudicial, as the debt has not been fully collected. 
has been made by one of them, payment should be
made to him.  ILLUSTRATIONS – Article 1216
Article 1215 ABC are solidary liable to D for P 30,000.00
Novation, compensation, confusion or remission Options of D:
of the debt, made by any of the solidary creditors or 1. He can collect the whole P 30,000.00 from
with any of the solidary debtors, shall extinguish the any among A, B, or C.
obligation, without prejudice to the provisions of 2. He can collect a portion of the whole P
article 1219. 30,000.00 from A,B, or C. (example: A – P
The creditor who may have executed any of 10,000.00; B – P 8,000.00; C – P 12,000.00)
these acts, as well as he who collects the debt, shall
be liable to the others for the share in the obligation Article 1217
corresponding to them. Payment made by one of the solidary debtors
NOVATION (1291)– extinguishment of the obligation extinguishes the obligation. If two or more solidary
by substitution or change of the obligation by a debtors offer to pay, the creditor may choose which
Subsequent ones which Extinguishes or modifies offer to accept.
either by (1) changing the object or principal He who made the payment may claim from his
condition (2) substituting another in place of the co-debtors only the share which corresponds to
debtor or (3) subrogating a third person in the rights each, with the interest for the payment already
of the creditor made. If the payment is made before the debt is due,
COMPENSATION (1278) – offsetting; both are no interest for the intervening period may be
creditor and debtor of each other demanded.
CONFUSION (1275) – character of debtor and When one of the solidary debtors cannot,
creditor is merged into one because of his insolvency, reimburse his share to the
REMISSION or CONDONATION OF DEBT (1270) – debtor paying the obligation, such share shall be
renounces the obligation borne by all his co-debtors, in proportion to the debt
• Example of each.
✓ A debtor to BCD are solidary
creditors in the amount of P 30,000.00 Article 1217
✓ If B condones the debt of P PAYMENT- - is mode of extinguishing an obligation
18,000 that leaves 12.000 through delivery of money or performance of the
✓ A will pay 12,000 to either BCD obligation.
(P 4,000 each) PAYMENT BY A SOLIDARY DEBTOR
✓ B will reimburse CD the 6,0000 1. BETWEEN SOLIDARY DEBTORS
condoned amount (P 18,000 divided by 3) and CREDITOR or CREDITORS – Payment by one
of the solidary debtors extinguished an
ARTICLE 1219 obligation. The creditor/s may choose
The remission made by the creditor of the share as to whose payment he want to accept.
which affects one of the solidary debtors does not 2. AMONG SOLIDARY DEBTORS –
release the latter from his responsibility towards the the paying solidary debtor may demand
co-debtors, in case the debt had been totally paid by reimbursement from his co – debtors for their
anyone of them before the remission was effected. PROPORTIONATE SHARES. Legal Interest
(1146a) shall apply from time of payment.

Article 1215 ILLUSTRATIONS – Article 1217


Liability of the solidary creditor. Who causes the A, B, C are solidary debtors of D for P 600,000.00.
novation, compensation, confusion, remission of The debt is payable on October 30, 2020. If A paid D
debt to his co – creditors: on the due date:
• Liable to them up to the extent of 1. A can immediately collect from B and C P
their respective shares in the obligation. 200,000.00 each.
2. If B and C paid B one year after, A is entitled
Article 1216 to the interest for one year.
3. If A paid D earlier, say October 15, 2020, and ✓ B should still pay his share of 2M to A
if B and C paid one year after the due date or and C
October 30, 20201; A is not entitled to collect ✓ B collect the 2M from E who
interest from Oct. 15 to Oct 30, 2020. remitted the share
If payment after REMISSION
ILLUSTRATIONS – Article 1217 (INSOLVENCY) ✓ A,B, and C owed D, E, and F 6M
A, B, C are solidary debtors of D for P 600,000.00. (MIXED SOLIDARITY)
The debt is payable on October 30, 2020. A is ✓ If E remits the share of B
payable for P 300,000.00; B is liable for P 200,000.00;
✓ C pays F the amount of 6M after
and C for P 100,000.00. D Demanded payment from
✓ B does not have the obligation to
A.
reimburse C the 2M
1. A can immediately collect from B P
200,000.00 and C P 100,000.00 each. ✓ Remedy of C is to recover it from F
2. If B becomes INSOLVENT – A and C will be who received the payment
liable to pay D the share of B which is P ✓ F should not give E the 2M who
200,000.00 according to their proportionate condones it
share:
A – (300,000/400,000) x P 200,000 = P 150,000
B – (100,000/400,000) x P 200,000 = P 50,000.00

Article 1218
Payment by a solidary debtor shall not entitle him to Article 1220
reimbursement from his co-debtors if such payment The remission of the whole obligation, obtained by
is made after the obligation has prescribed or one of the solidary debtors, does not entitle him to
become illegal.  reimbursement from his co-debtors. 

Article 1218 Article 1221


No reimbursement under the following cases: (NO If the thing has been lost or if the prestation has
MORE OBLIGATION THAT NEEDS TO BE COMPLIED) become impossible without the fault of the solidary
When it becomes illegal debtors, the obligation shall be extinguished. 
When obligation has prescribed If there was fault on the part of any one of them,
✓ Rights and Obligations are lost all shall be responsible to the creditor, for the price
by prescription: and the payment of damages and interest, without
o Prescriptive Period prejudice to their action against the guilty or
negligent debtor. 
➢ 10 years from
If through a fortuitous event, the thing is lost or
date cause of action accrues (written
the performance has become impossible after one of
contract, obligation created by law,
the solidary debtors has incurred in delay through
judgement)
the judicial or extrajudicial demand upon him by the
➢ 6 years (oral creditor, the provisions of the preceding paragraph
contract and quasi contract) shall apply. 
➢ 4 years (injury
to rights of the plaintiff and quasi – delict) Effects Of The Loss Of The Thing Or Impossibility Of
The Prestation:
Article 1219 1. If the loss or impossibility is without the fault
The remission made by the creditor of the share of any of the solidary debtors, the obligation shall
which affects one of the solidary debtors does not be extinguished.
release the latter from his responsibility towards the 2. If the loss or impossibility is with the fault of
co-debtors, in case the debt had been totally paid by any of the solidary debtors, ALL SHALL BE
anyone of them before the remission was effected. RESPONSIBLE to the creditors for the Price of the
thing and payment of damages and interest.
ILLUSTRATIONS – Article 1219 However, innocent debtor may file an action
If payment before REMISSION against the guilty or negligent debtor for damages
✓ A,B, and C owed D, E, and F 6M and the interest paid to the creditor.
(MIXED SOLIDARITY) 3. If the loss or impossibility is due to a
✓ If A pays D 6M fortuitous event after one of the solidary debtors
✓ E remits the obligation of B after incurs delay due to a demand by the credit, apply
payment by A Rule No. 2
Article 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
Solidary Debtor may avail himself of the following
defenses if an action filed by the creditor:
1. Defenses derived from the nature of
the obligation;
2. Defenses personal to the solidary
debtor himself or personal to his share;
3. Defenses personal to other solidary
debtors as regards their share.

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