Article 1213

A solidary creditor cannot assign his rights w/o the consent of the others.

Example

Pogi is obliged to give P50,000 to solidary creditors Bella, Impyang, and Popay on Deember 25, 2020. On
December 20,2020, Bella assigns her rights to Beauty.

Solidary Creditors May Do Useful Act; Not Prejudicial Acts

A solidary creditor may do any act beneficial or useful to the others but he cannot act prejudicial to
them.

• Example of Beneficial Acts:

To interrupt the running of prescription, the act of one solidary creditor in making a judicial demand
upon any of the solidary debtors is sufficient. (Art. 1155, NCC)

• Example of Prejudicial Acts:

Should not be performed, otherwise, there will be liability for damages. However, in the case of
remission or condonation, the solidary creditor is allowed to so remit, and the obligation is extinguished.

Article 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.

Payment to Any of the Solidary Creditors

The rule is that the debtor may pay any one of the creditors. But when a demand is made by any of the
creditors, payment should be made to him who made the demand, judicially or extra-judicially.
• Example:

Pogi is liable to Popay and Impyang P5, 000. Pogi may pay either Popay or Impyang. But if Popay made a
demand then payment should only be made to her. If Pogi paid Impyang, Popay is still entitled to her
share from Pogi in case Impyang does not turn over to Popay her share.

ART. 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 - the modification of an obligation by (1) changing its object or principal obligation, (2)
substituting the person of the debtor, and (3) subrogating a third person in the rights of the creditor.

Example:

Pogi and Ganda are solidarily liable to Popay and Impyang, the solidary creditors for the payment of 1M.
Later, the parties agreed that instead of paying 1M, they will just deliver Pogi’s car.

Compensation - when two persons, in their own right are debtor and creditor of each other.

 Total Compensation - happens when the two obligations of creditor and debtor to each other
are both the same in kind and value.

Example:
Pogi and Ganda are solidary debtors of Popay and Impyang, in an amount of 400,000. But
Popay, in another transaction owes Pogi 400,000 pesos.

 Partial Compensation - happens when the obligation of one is bigger than the other.

Example:
Pogi and Ganda are solidary debtors of Popay and Impyang, in an amount of 400,000. But
Popay, in another transaction owes Pogi 200,000 pesos.
Confusion or merger - the character of the debtor and creditor is merged into one and the same person.

Example:

Pogi and Ganda are solidary debtors of Beauty for an amount of 10,000 through a promissory note.
Later, beauty indorsed the promissory note to Bella, Bella to Impyang, Impyang to Popay, and Popay to
Pogi again.

Remission or Condonation - is an act of liberality whereby the creditor condones the obligations of the
debtor.

Liability of Solidary Creditor in case of Novation, Compensation, Confusion or Remission

When a creditor who executed any of these acts, it is logical that he is liable to the other solidary
creditors for their corresponding shares considering that such acts are prejudicial to them.

ART. 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 been fully collected.

Creditor May Proceed Against Any Solidary Debtor

In a solidary obligation, the creditor may proceed against any, some or all of the solitary creditors
simultaneously so long as it has not been fully collected.

• Example:

A, B and C solidarily owe D the amount of P9, 000. D can collect from A or B or C alone or from any two
of them or all of them simultaneously. If demand is made on A, the latter cannot require D to make a
demand also on B and C or to include them as party defendants as D has the right to proceed against
any one of them.

Example:

Pogi and Ganda are solidary debtors of Beauty to an amount of 1M. So either Pogi or Ganda can pay the
full amount of 1M. Or Beauty can just collect 500,000 pesos from Pogi and 500,000 from Ganda.