LDM LECTURES being considered distinct from one another, subject to the Rules of Court governing the

multiplicity of suits.
KINDS OF OBLIGATIONS: JOINT AND SOLIDARITY
- refers to Joint obligation

- kanya kanya which means na kung ilan yung no. of parties, ganoon din kadami yung no.
JOINT OBLIGATION SOLIDARY OBLIGATION debts or credits.

"TO EACH HIS OWN" "ALL FOR ONE, ONE FOR ALL" - "multiciplicity of suits" pineprevent yung pagfaffile ng maraming demanda involving
one single cause of action
debtor is liable only for a proportionate debtor is liable for the whole obligation,
part of the debt, and each creditor is and each creditor is entitled to demand - so if pareho lang naman yung contrata or basis nila ng paghahabol nila kahit marami pa
entitled only to a proportionate part of the payment of the whole obligation. sila, pasasama samahin na para iisang demanda lang.
credit.
- instead na kanya-kanya, sagot ng isa ang Preliminaries
- pag sinabing "joint" kanya kanya talaga lahat, sagot ng lahat ang isa.
JOINT OBLIGATION SOLIDARY OBLIGATION
- so kung gaano karami yung debtors and
creditors, yun yung dami ng debts & "mancomunada" Jointly amd severally
credits "mancomunada simple" "mancomunada solidaria"
Proportionate individually and collectively
Pro-rata In solidum

"WE promise to pay" "I promise to pay"

Article 1207 (2 or more promisors or sigantures) (2 or more promisors or signatures)

The concurrence of 2 or more creditors or 2 or more debtors in one & 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 w/ the prestation. There is Ex. (JOINT OBLIGATION) A and B are joint debtors of C to the amount of Php 1M. How
solidary liability only when the obligation expressly so states, or when the law or the much can C demand?
nature of obligation requires solidarity.
no. of debtors: 2
- refers to a Solidary obligation
no. of creditors: 1
Article 1208
- since there are 2 debtors, divide the liability into 2.
If from the law, or the nature of 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 How much will C receive if he demand from A? - Php 500,000
divided into as many equal shares as there are creditors or debtors, the credits or debts
How much will C receive if he demand from B? - Php 500,000
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 Ex. (JOINT OBLIGATION) A and B are joint debtors of W, X, Y, & Z who are joint creditors - Y can demand Php 1M either kay A OR B
to the amnt. of Php 1M. How much can Y demand from the debtors?
Sample MCQ
no. of debtors: 2
1.) A & B are joint debtors of X & Y, joint creditors, in the amnt. of Php 10,000. How
no. of creditors: 4 much can X demand?

-the amount of 1M should be divided among the no. of creditors. a. Php 5,000 from A & Php 5,000 from B b.Php 5,000 from A or Php 5,000 from B

1M/ 4 = Php 250,000 each c.Php 2,500 from A & Php 2,500 from B d. Php 2,500 from A or Php 2,500 from B

- Y has the right to demand a total of Php 250,000 only from the debtors. - joint creditors, joint debtors

250,000 / 2 debtors = 125,000 each debtor - magkano lang ba yung karapatan ni X, sa pagkakautang na 10,000?

- Y can demand Php 125,000 to A, and another 125,000 to B. 10,000 / 2 creditors = 5,000 can X and Y demand (separately)

- Presumption is the interest is always equal, unless stated in the problem. If silent, 5,000 / 2 debtors = 2,500 can X and Y demand from A and B
treatment is equal.
illustration: A & B are joint debtors of X & Y, joint creditors, in the amnt. of P10,000.
Ex. (SOLIDARY OBLIGATION) A & B are solidary debtors of C to the amnt. of Php 1M.
A = P5,000 X = P5,000
How much can C demand?

- since solidary, one for all, all for one. B = P5,000 Y = P5,000

- X & Y will share in the 10,000 credit

- How much can C demand? - 1M

- magkano yung masisingil ni C sa debtors? - 1M 10,000 / 2 creditors = 5,000

- A & B will also share in the 10,000 debt.

- kanino ni C masisingil yung 1M? - either kay A OR B for 1M

- bc sagot ni A si B, and sagot ni B si A 10,000 / 2 debtors = 5,000 Both of them has a liability of 5,000 each

- How much X can demand? - X can demand a total of 5,000. X can demand 2,500 each
- in solidary obligation, there are 2 principles involved - Mutual agency & Mutual
Guarantee from A and B.

- How much Y can demand? - Y can demand a total of 5,000. Y can demand 2,500 each
- in solidary obligation, it involves trust & confidence. Dapat may tiwala sa co-debtor mo
or co-creditor mo. from A and B.

Ex. (SOLIDARY OBLIGATION) A & B are solidary debtors of W, X,Y, & Z who are solidary
creditors to the amnt. of Php 1M. How much can Y demand from the debtors?

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 2.) A & B are solidary debtors of X & Y, solidary creditors, in the amnt. of P10,000. How
much can Y demand? Conversely speaking, solidarityy is not presumed, kasi may greater burden sa solidarity
obligations. Solidarity obligations are burdensome.
a. 5,000 from A & 5,000 from B c. 10,000 from A and 10,000 from B
Solidarity obligations requires mutual agency and mutual guarantee
b. 5,000 from A or P5,000 from B d. 10,000 from A or 10,000 from B. - So kung hindi naman nag-usap usap yung creditors or debtors, wala silang trust sa
isa’t isa bakit ipepresume na solidarity yon?

Except: (SLN – Stipulation, Law, Nature)

1. When the obligation expressly so provides – it refers to the stipulation of the
parties
2. When the law requires solidarity
Obligation can be joint on the side of the debtors, and solidary on the part of the
3. When the nature of obligation requires solidarity
creditors.
#2 when will the law require solidarity?
Obligation can be solidary on the side of the debtors, and joint on the part of the
creditors. Some instances where the law requires solidarity:
1. Liability of principals, accomplices & accessories in a felony (Art. 11, RPC)
3.) A & B are joint debtors of X and Y solidary creditors, in the amount of 10,000 how - Ex. You and your friends decided to rob the house of your enemy, since it’s YOUR
much can X demand? enemy, you planned it all. Your friends joined your stupid idea, you as the planner
is called the “principal”, your 2 friends can be considered as “accomplices”or
a. 5,000 from A and 5,000 from B b. 5,000 from A or 5,000 from B “accessories in a felony”. Your liabilities if proven to be at fault, is SOLIDARY.

c. 2,500 from A & 2,500 from B d. 2,500 from A or 2,500 from B 2. Obligations arising from tort/ quasi delict (Art. 2194)
- Ex. If the employee, committed a quasi-delict, in the ordinary course of his work,
- How much can X demand? X can demand the whole 10,000 since solidary. it is burden by the employer. So the liability is SOLIDARY.
3. Bailees in commodatum (Art. 1945)
- In order to get back the 10,000 X will demand 5,000 from A and another 5,000 - “commodatum” – ex. Of it is you are lending your things.
from B because they are joint - Ex. You lent your thing to 2 persons, and they broke it, the liability is SOLIDARY.
4. Payees when there has been a payment of what is not due. (Art. 2175)
4.) A & B are solidary debtors of X and Y, joint creditors, in the amnt. Of P10,000. How
much can X demand? General Rule: Novation, Compensation, confusion or remission of the
debt, made by any of the solidary creditors or w/ any of the solidary
a. 5,000 from A & 5,000 from B b. 5,000 from A or 5,000 from B
c. 2,500 from A & 2,500 from B d. 2,500 from A or 2,500 from B debtors, shall extinguish the obligation.

- X and Y have the right to demand 5,000 each.

- Since the debtors are solidary, A or B can pay them separately. Article 1210

Rules to remember: The invisibility of an obligation does not necessarily give rise to solidarity. Nor does
Article 1207 solidarity of itself imply invisibility.
General rule: The obligation is presumed to be joint. - Premise (divisible and indivisibles obligation)

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 - “indivisibility” refers to the object or subject matter of the obligation  How much is the liability of B? – Php 5,000 (15,000/ 3 debtors bc, the problem
- “solidarity” refers to the tie between the parties is silent so the assumption is “joint”)
- Pag divisible and indivisible ang pinag-uuspan ay object  How much can X demand from A? – Php 2,500 ( 15,000/ 2 creditors = 7,500/ 3
- Pag joint and solidary ang pinag-uusapan ay parties. debtors )
- It could be joint and indivisible. could be solidary, but divisible  How much can Y demand from C? – Php 2,500 ( 15,000/ 2 creditors = 7,500/ 3
debtors )
Rules to remember: SOLIDARY OBLIGATION
 General rule: the debtor can pay any of the solidary creditor 2.) A, B, & C are debtors of X & Y in the amnt. of Php 15,000
- This is because of the “one for all, all for one” so whoever in the debtors can  How much will A pay X if the perspective interest of the debtors are 2:3:5 and
pay, and whoever in the creditors can demand payment the respective interest of the creditors are 1:2 – Php 1,000
 Except: Payment must be made to solidary creditor who made a demand (Art. Share of X in the credits: 1 + 2 = 3
1214) 15,0000/ 3 = 5,000 x 1 = 5,000
- Pag may nag demand sa solidary creditor, doon lang dapat magbayad. Share of A in the debits: 2 + 3 + 5 = 10
5,000/ 10 = 500 x 2 = Php 1,000
Ex.  Using the same assumption, how much can Y demand from B? – Php 1,500
1. A & B are solidary debtors of X, Y, & Z, solidary creditors. May A pay X the Share of Y in the credits: 1 + 2 = 3
whole obligation? 15,000/ 3 = 5,000 x 2 = 10,000
- Yes, because Y & z did not demand, so A can pay either X, Y, or Z Share of B in the debits: 2 + 3 + 5 = 10
2. A & B are solidary debtors of X, Y, & Z, solidary creditors. Z makes a judicial 10,000/ 10 = 1,000 x 3 = Php 3,000
demand upon A. to whom should A pay? Breakdown of shares in debits and credits:
- A should pay to Z since he was the one who demanded the payment. But what if DEBIT of A = Php 3,000 (2) CREDIT of X = Php 5,000 (1)
A still chose to pay X? DEBIT of B = Php 4,500 (3) CREDIT of Y = Php 10,000 (2)
- Cannot be, si Z lang ang dapat niyang bayaran. If A still chose to pay to X, the DEBIT of C = Php 7,500 (5)
whole obligation will NOT be EXTINGUISHED.
- But did something got extinguished? – yes, the part of X
- Because this is a solidary obligation, in the eye of the parties (A & B as joint) they
Rules to remember: JOINT OBLIGATION
are individual. That’s why if A, still chose to pay to X, the obligation will not be
1. Vitiated consent
extinguished. Ang ma-eextinguished lang ay yung part ni X.
2. Insolvency of one debtor
- If ever may solvency yung isang debtor, hindi apektado ang liability ng other debtors.
 Payment made by one of the solidary debtors extinguishes the obligation.
3. Demand by the creditor of one joint debtor puts him in default, but not the others
- Because it is one for all, all for one
since the debts are distinct.
4. Prescription does not run against the debtor whom the creditor has demanded.
 If two or more solidary debtors offer to pay, the creditor may choose which offer to
- Kasi matitigil, nag demand tas mapuputol yung prescriptive period, pero yung
accept.
prescriptive period affecting the other debtors na wala pa naming demand yung
creditor, tuloy tuloy lang
5. Defenses of one debtor are not necessarily available to the others.
Practice Problem
1.) A, B, & C are debtors of X & Y in the amount of Php 15,000 Illustrative Problem: A, b, & C are joint debtors of X in the amnt. of Php 15,000.
 How much is the liability of A? – Php 5,000 (15,000/ 3 debtors bc, the problem If B is insolvent how much would A pay X?
is silent so the assumption is “joint”) a. 5,000 b. 10,000
c. 15,000 d. 2,5000

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 - If the obligation is Joint, walang effect yung insolvency ng isa sa LDM lectures
mga debtors sa liability ng other debtors. https://www.youtube.com/channel/UC2_UBBXzWzShPXnFbUi3SNQ/vid
- In this problem, divide the 15,000 to the no. of debtors eos
15,000 / 3 debtors = 5,000
- The question is A will pay so, 5,000

Rules to remember: SOLIDARY OBLIGATION

General Rule: Novation, compensation, confusion, or remission o the debt, made by any
of the solidary creditors or with any of the solidary debtors, shall extinguish the
obligation. (Art. 1215)
- Pag may isang creditor ang gumawa ng novation, compensation, confusion, or
remission of the debt sa isa sa mga solidary debtors, ang effect, ieextinguish yung
obligation.

However: 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 affected.
- May remission daw ng creditor ng share which affects one of the
solidary debtors.
- May pinatawad na utang ang creditor, na ang naapektuhan lang ay
share ng isa sa mga solidary debtors.

HARLES OBLI
https://www.youtube.com/playlist?
list=PLw8RIwyKxsWc3YZ_ozZHzOEcPSoOtwcyY

CAUSES OF BREACH
https://www.youtube.com/watch?v=3yNvQTdS-HM

civil code/ obligations and contracts

https://www.chanrobles.com/civilcodeofthephilippinesbook4.htm