​JOINT AND SOLIDARY OBLIGATIONS (Chapter 3_part 5) ● Presumption in law: In favor of joint.

Against the existence of a solidary

obligation.
INTRODUCTION:
Solidary obligation = more burden some than joint obligation.
Joint obligations and solidary obligations ● The law does not presume its existence.
● These cluster is based on the parties involved. ● There are only 3 instances where we presume the existence of a solidary
● Usually it is only one creditor and one debtor. obligation.
● But once there are three or more (i.e. concurrence of two or more
creditors or debtors or more), then there is the need to determine Art. 1207 (last paragraph). X x x x x. There is
whether it is joint or solidary. solidary liability only when the obligation
expressly so states, or when the law or nature of
Definition of joint and solidary obligations the obligation requires solidarity.

JOINT OBLIGATION: is one where the whole 1. When it is expressly stipulated by the parties.
obligation is to be paid or fulfilled proportionately by 2. When the law expressly provides for the solidarity of the
the different debtors and/or is to be demanded parties.
proportionately by the different creditors. (Art. 1208) 3. When the nature of the obligation would require solidarity.

SOLIDARY OBLIGATION: is one where each one of

JOINT OBLIGATION
the debtors is bound to render, and/ or each one of the
creditors has a right to demand entire compliance with
the prestation. (Art. 1207).

If there are three or more parties.

 It actually is a conglomeration (pinag sama sama na also of the proportionate share of B. (kailangan habulin din ni C
si B para ma buo yung utang or mabayaran yung utang).
mga obligations) of obligations that are separate and
ADDITIONAL INFO : (based sa book)
distinct and independent of each other.
1. If the share of each in the obligation is specified, rights and obligations
Example: You have several creditors or debtors and they of the parties are known:
wanted to enter into a loan. So instead of executing
separate contracts among themselves. They can just put Example:
together into one agreement. ● A, B and C are liable to D in the amount of Php
9000 and it is stated that the corresponding share
Note: Because it is separate and distinct and of each debtor is Php 3,000.00. Thus, debtors
independent of each other – each to his own pa rin yan. A,B and C are liable only for Php 3,000 each and
Thus, one creditor can only demand from the debtor’s D is not entitled to collect from each debtor more
his proportion to the share. And each of these debtors than is corresponding share in the obligation.
may be only liable to pay his proportionate share to the 2. Situation where the share of each debtor in the obligation is not specified. X
obligation. (many obligations = many creditors and x x. In such case, the presumption is that the obligation is joint (Art. 1207 -
debtors) 1208), and as a consequence:
a. There are as many debts as there are debtors;
b. There are as many credits as there are creditors;
Illustration for joint obligation: c. The debts and/or credits are considered distinct and separate from
one another;
● A and B owe C
i. NOTE: the insolvency of one of the debtors shall not
○ Obligation is distinct and separate from each other (i.e. A owes to
make the others liable.
C; and B owes to C).
d. Each debtor is liable only for a proportionate part of the debt; and
○ A can only be made liable for his obligation by C for his share in
e. Each creditor is entitled only to a proportionate part of the credit.
the obligation because C cannot demand from A the payment

The presumption established in Art. 1208 is rebuttable.

EXAMPLE:
WORDS USED TO INDICATE JOINT LIABILITY:
1.
A, B and C borrowed Php 9,000.00 from D. The 1. Mancum;
presumption is that A, B, and C are jointly liable. 2. Mancomunada;
3. Mancomunadamente;
Here, there are 3 debts and 1 credit. D can only 4. Pro rata;
5. Proportionately;
demand Php 3,000 each from A, B and C or a
6. Pro rata;
total of Php 9000.00.
7. Jointly;
2. 8. Conjoint;
A borrowed from B, C and D Php 9,000.00. 9. We promise to pay;
Unless the contrary appears, the obligation is 10. Signed by two or more persons.
prima facie a joint one. In this case, there is 1
debt and 3 credits. Each creditor can demand PART 5-2 (video)
only Php 3,000.00 from A.
3. A and B are liable to C and D for Php 9,000.00. 2 TYPES OF JOINT OBLIGATION:
The same presumption applies. There are 2 debts a. Joint divisible obligation
and 2 credits. The same presumption applies. b. Joint indivisible obligation
There are 2 debts and 2 credits. c.

Each creditor can demand only Php 4,500.00 from either Presumption on the type of obligation when there is concurrence of three or
debtor. Of course, the total liability of A or B and the
more parties:
total collection of C or D, cannot exceed Php 4,500.00.
● PRESUMPTION: Joint obligation.
● EXCEPTION:
● When it is expressly stipulated by the parties.
 ● When the law expressly provides for the solidarity of the parties. How will we consider the liability of A and B
● When the nature of the obligation would require solidarity.
now on the basis of the judgment debt that was
rendered against them?
● Supreme Court held in Far Eastern
NOTE:
Shipping company vs. CA provides that
● in the absence of any of the circumstances in a particular existence of an the liability of A and B would still be
obligation where there will be three or more parties, we will now have joint.
to presume joint.
● This presumption of joint applies in cases when there is a decision of a Judgment should follow the nature and also
court where it did not provide for expressly the solidary liabilities of the declare solidarity even if there is no express
obligation or consisting of the judgment debt. statement of the court in that regard.
● Kapat hindi nasabi ng court ang
Example: liability ng judgment debtors would
● A and B entered into a contract with C. In be solidary then there liability will
the contract, it was stipulated and agreed only be joint.
that A and B would be solidary liable to
pay C.
PART 5_3
Unfortunately, this contract was not
fulfilled. As a consequence, C filed a suit
● Oriental commercial company vs. Abeto and Ma Banag 60 Phil. 723
against A and B; now, C got a favorable
○ When it is not provided in the judgment that the defendants
judgment but the dispositive portion of the
debtors are liable solidarily, none of them may be compelled to
decision of the court, the court failed to
satisfy in full the judgment even if the contract executed by the
provide that A and B are solidarily bound. parties from which the action is based expressly provides for
solidary relationship.
Part 5_4 ○ D2 = C2;
○ D2 = C3;
○ D3 = C1; D3 = C2; D3 = C3
Two types of joint obligations:
● To determine: It depends only on the nature of the prestation Issue: How much could each of these debtor be held liable by each of
1. Joint divisible obligations these creditors?
a. Is the prestation susceptible of being divided among debtors or ● Rule: Depends on the shares/ proportionate shares as may be
creditors; or stipulated by the parties.
b. There could be partial fulfillment of this prestation. ● Exception: In the absence of the stipulation, then their shares
will be considered as equal.
Example:(1) D is indebted to C1, C2 and C3 in the amount of Php 900k. How
many separate distinct and independent obligations do you recognize in that The obligation to which one creditor in the amount of obligation to
example? - 3 obligations. Each of the creditors would have a proportionate which one creditor can collect from one debtor would not be the total
share to collect from D. amount of the right but merely a portion of the proportionate share which
may have been agreed to or in the absence presumed equal.
● Obligations: D = C1; D = C2; and D= C3
In this case, each creditor can only collect Php 100k to each of the
(2) D1, D2 and D3 in the amount of Php 900k. These debtors owed the amount debtor. (i.e. C2 collecting 100k from D1, D2, and D3, and so on. )
to C.
Because you have several obligations as there are several creditors and
● Obligations: D1 = C; D2 = C; and D3 = C debtors, it means that the debtors cannot be held liable for the share of
the other debtors, neither can the joint creditor represent the other
(3) D1, D2 and D3 owe C1, C2 and C3 the amount Php 900k. creditors in collecting the payment (i.e. kanya kanya lang yan.
● Obligations: Obligation mo then ikaw mag settle nung sariling obligation mo).
○ D1 = C1; D1 = C2; D1 = C3
○ D2 = C1;
PART 5_6 C X 300k

CORRELATIVITY OF THE DEBTS AND CREDITS How would you now applied the law?

Situation: ● 1st school of thought = i-pair mo nalang yung mga debtors dun sa may
DEBTORS CREDITORS amount or debt na corresponding dun sa utang dun sa creditors.

A Php 100k X Php 300k ● 2nd school of thought: GET THE RATIO (the law follows this one)
○ Basis: each of this debtors will just have to be liable to each and
B Php 200 k Y Php 200k every creditor.
C Php 300k Z Php 100k
○ 1:2:3 = 6
○ Hence,
Total amount of: Php 600k ■ A liable to X,Y, Z = Php 33,333 each
■ B liable = Php 66,666.66 each
Note that the corresponding shares of the debtors in the obligation would not ■ C liable to = Php 10,000.00 each
be the same. Ang share ni A = 100k; B = 200k and C = 300k while the
amounts that each creditor are entitled to are also not equal.
Part 5_8
2 Schools
Example: There are two debtors, A and B, who owe two creditors Y and X,
DEBTORS CREDITORS AMOUNT / DEBT how much do A and B owe X and why? (php 900,000.00). There is a
stipulation with regard to the actual share of each debtor to the creditors. The
A Z Php 100k share of A in the obligation is Php 300,000.00 while B is Php 600,000.00.
B Y Php 200k
Share in obligation
 ● A = ⅓ = Php 300k There are several obligations as there are several debtors and creditors that are
● B = ⅔ = Php 600k separate with each other.

The share of each creditor would also not be equal. Here X’s share is ¾ or Php - If one of the debtor incurs delay, would liability for damages arising out
675,000.00 of the 900k. Y’s share is ¼ or php 225,000.00 = Php 900,000.00. of the delay of one of the debtor be enforced against the other debtors? -
NO.
How much can X demand from A or B and Y from A and B?

- Consider the proportionate share. Part 5_10

- X may demand from A ¾ s of the ⅓ (share ni A sa obligation
which is Php 300,000.00) ● Joint indivisible obligation.
- So kukunin mo yung ¾ ng 300k = 225,000.00 (eto lang
yung ma sisingil ni X kay A). Art. 1209. If the division is impossible, the right of the creditors may
- On the other hand, X may demand from B ¾ of the ⅔ (share ni B be prejudiced only by their collective acts, and the debt can be
sa obligation which is Php 600k) enforced only by proceeding against all the debtors. If one of the
- So kukunin mo yung ¾ of the 600k = 450,000.00 (eto latter should be insolvent, the others shall not be liable for his
yung dapat lang isingil ni X kay B). share.

● Y may demand from A ¼ (share ni Y sa makukuha) of the ⅓ (share ni Basis for the concept of a joint indivisible obligation.
A sa obligation) = 75,000.00 - Indivisibility of the prestation does not give rise to solidarity
● Y may demand from B ¼ (share ni Y sa makukuha) of the ⅔ (share ni B neither would solidarity mean the indivisibility of the prestation.
sa obligation) = 150,000.00 - Even if the prestation is not susceptible of being divided among
creditors and debtors = it would still be presumed as joint.
TOTAL OF THE AMOUNTS = Php 900,000.00
Example: A, B and C are obliged to deliver to X, Y and Z a horse. It is ○ What becomes of the obligation = the obligation becomes now
presumed to be joint. How do we get to enforce such obligation? And how one in the payment of an indemnity. Meaning, this joint
should the debtors fulfill this indivisible obligation? indivisible is by law transformed into a joint divisible obligation.
(art. 1209 → Art. 1224)
- A, B and C should bring the horse together. = all of them must agree to ■ A and B will now be liable to pay only their
deliver the object of the prestation, and all must agree to deliver the corresponding share based on the value of the object of
same. the prestation (live horse).

- When the object of the prestation reaches the creditors = all of them ■ Paano si C? (no valid justification for his refusal to make
should also accept the object of the prestation. delivery) the law provides that C will be liable for the
share of the payment of the value of the object of the
Relate the provision (art. 1209) to art. 1224. prestation but C should also be liable for indemnity.
- Situation: If C refuses to cooperate in delivering the horse to the
creditors or in the fulfillment of the obligation. Part 5_14

Art. 1224. A joint indivisible obligation gives rise to indemnity for damages ● What would be the consequence if A,B and C all agree to the
from the time anyone of the debtors does not comply with his undertaking. delivery of the horse but one of the creditors refuses to accept the
The debtors who may have been ready to fulfill their promises shall not object of the prestation?
contribute to the indemnity beyond the corresponding portion of the price of ○ Can the other creditors accept the object of the
the thing or of the value of the service in which the obligation consists. prestation? - NO.

○ In this case, although all debtors agree to deliver the

Part 5_13 horse, they may not proceed with the same because only Y
and Z who is only willing to accept the horse. The same
● Can A and B still effect delivery even if C does not want to participate? thing happens that a joint indivisible obligation will be
- NO. transformed into a joint divisible obligation.
Thus, A, B and C will now just have to pay for the proportionate share of the
obligation on the basis of the value of the horse. And at the same time with the
refusal of X to accept without justification the object of the prestation then the
possibility also to hold X liable for mora accipiendi.