Joint and Solidary Obligations

JOINT AND
SOLIDARY
OBLIGATIONS
ARTICLES 1207-1222
DEFINITIONS:
• JOINT OBLIGATION - An obligation where there is a concurrence of several creditors, or

of several debtors, or of several creditors and debtors, by virtue of which each of the
creditors has a right to demand, and each of the debtors is bound to render, compliance
with his proportionate part of the prestation which constitutes the object of the obligation.
• When two or more people are proportionately responsible for fulfilling a single obligation
to another person or persons.
• Each of the creditors is entitled to demand the payment of only a proportionate part of the
credit, while each of the debtors is liable for the payment of only a proportionate part of the
debt.
EXAMPLE
• A,B, and C borrowed P12,000 from D.

• A,B,C are required to pay back D the borrowed amount.
• If there is nothing to indicate solidarity they will have to pay D back proportionately.
• This means that D may only demand P4,000 from each of the debtors A,B, and C.
EXAMPLE
• A,B, and C borrowed P15,000 from X, Y, and Z.

• Again, all have to pay back the borrowed amount.
• IF there is nothing to indicate solidarity, the debtors are individually bound to pay only a
proportionate share of the debt amount. to each of the creditors.
• In this scenario there are now three creditors. Each creditor is entitled only to a
proportionate part of the credit. Thus X, Y, and Z are entitled to 5k each.
• Thus, A,B, and C are individually liable for P5000, while XYZ are only able to demand a
total of P5000 from any one of the debtors.
DEFINITIONS
• SOLIDARY OBLIGATIONS – An obligation where there is a concurrence of several

creditors, or of several debtors, or of several creditors and debtors, by virtue of which each
of the creditor has a right to demand, and each of the debtors is bound to render, entire
compliance with the prestation which constitutes the object of the obligation.
• Each of the creditors is entitled to demand the payment of the entire credit, while each of
the debtors is liable for the payment of the entire debt.
• An obligation where each one of the debtors is bound to render, and/or each one of the
creditors has a right to demand from any of the debtors, entire compliance with the
prestation.
EXAMPLE
• A and B are solidarily liable to C and D, solidary creditors, in the amount of P10,000.
• A or B is bound to pay the whole 10k when demanded by either of the solidary creditors.
• C or D is entitled to demand the whole amount from either A or B.
ARTICLES 1207-1208
• ARTICLE 1207. The concurrence of two or more creditors or of two 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. (1137a)
• ARTICLE 1208. If from the law, or the nature or 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 divided into as many shares as there are creditors or debtors, the credits or debts being
considered distinct from one another, subject to the Rules of Court governing the multiplicity
of suits. (1138a)
COLLECTIVE OBLIGATION PRESUMED TO BE
JOINT
• Where the obligation is silent with respect to the nature or character of the
right of the creditors or of the liability of the debtors, each of the creditors
is entitled to demand only for the payment of his proportionate share of the
credit, while each of the debtors can be compelled to pay only his
proportionate share.
EXCEPTIONS
• 1. When the obligation expressly states that there is solidarity

• 2. When the law requires solidarity, and;
• 3. When the nature of the obligation requires solidarity.
WORDS TO INDICATE JOINT LIABILITY
• Mancomunada
• Mancomunadamente
• Pro rata
• Proportionately
• We promise to pay signed by 2 or more persons
WORDS TO INDICATE SOLIDARITY
• Solidary
• That each of the debtors can be compelled to pay the entire obligation
• Can be proceeded against for the full amount of the obligation
• Jointly and/or severally
• Solidaria
• In solidum
• Together and/or separately
• Individually and/or collectively
• Juntos o separadamante
• I promise to pay signed by 2 or more persons.
KINDS OF SOLIDARITY
• 1. According to the parties bound:

• Passive solidarity (debtors) – solidarity on the part of the debtors, where any one of them can
be made liable for the fulfillment of the entire obligation.
• Active solidarity (creditors) – solidarity on the part of the creditors, where any one of them can
demand the fulfillment of the entire obligation. Mutual representation to exercise the rights of
others in the same manner as their rights.
• Mixed Solidarity – solidarity on the part of the debtors and creditors, where each one of the
debtors is liable to render, and each of the creditors has a right to demand, entire compliance
with the obligation.
KINDS OF SOLIDARITY
• 2. According to source:
• Conventional solidarity- where solidarity is agreed upon by the parties. If nothing is mentioned
in the contract relating to solidarity, the obligation is only joint.
• Legal solidarity – where solidarity is imposed by the law. ( Articles 1911, 1822-1824, 1915,
1945, 2157, 2194, 1723 of the Civil Code)
• Real Solidarity - where solidarity is imposed by the nature of the obligation.
ART. 1209: JOINT INDIVISIBLE OBLIGATION
• ARTICLE 1209. If the division is impossible, the right of the

creditors may be prejudiced only by their collective acts, and
the debt can be enforced only by proceeding against all the
debtors. If one of the latter should be insolvent, the others shall
not be liable for his share. (1139)
JOINT INDIVISIBLE OBLIGATION
• The obligation is joint because the parties are merely proportionately liable.
• It is indivisible because the object or subject matter is not physically divisible into
different parts.
• Midway between the joint and solidary obligation.
• Retains the two fundamental characteristics of joint obligations:
• No creditor can act in representation of the others.
• No debtor can be compelled to answer for the liability of the others.
CHARACTERISTICS:
• If there are two or more debtors, the fulfillment of or compliance with the obligation
requires the concurrence of all the debtors, although each for his own share. The
obligation can be enforced only by proceeding against all of the debtors.
• If there are two or more creditors, the concurrence or collective act of all the creditors,
although each for his own share, is also necessary for enforcement of the obligation.
EFFECT OF BREACH
• If one of the joint debtors fails to comply with his undertaking, the obligation can no
longer be performed or fulfilled. Consequently, it is converted into one of indemnity for
damages. Art. 1224
• Debtors who may have been ready to fulfill or perform shall not contribute to the
indemnity beyond the corresponding portion of the price of the thing or of the value of
the service in which the obligation consists.
• In case of insolvency of one debtor, the other shall not be liable for his share.
ART. 1210 INDIVISIBILITY AND SOLIDARITY
• ARTICLE 1210. The indivisibility of an

obligation does not necessarily give rise to
solidarity. Nor does solidarity of itself imply
indivisibility. (n)
ART. 1210 INDIVISIBILITY AND SOLIDARITY
As To Indivisibility Solidarity
Nature Refers to the prestation which Refers to the legal tie and
constitutes the object of the consequently to the subjects or
obligation. parties of the obligation
Requisites Plurality of subjects is not Indispensible in solidarity
required
Effect of Breach Once converted into indemnity When there is liability on the
for damages, indivisibility is part of the debtors because of
terminated breach, the solidarity among
debtor remains.
Effect of insolvency Others are not liable Debtors are proportionately
liable
ART. 1211.
ARTICLE 1211. Solidarity may exist although the

creditors and the debtors may not be bound in the
same manner and by the same periods and
conditions. (1140)
KINDS OF SOLIDARY OBLIGATION ACCORDING
TO LEGAL TIE
• 1. Uniform – when the parties are bound by the same

stipulations; or
• 2. Non-uniform or varied – when the parties are not
subject to the same stipulations.
• ARTICLE 1212. Each one of the solidary
creditors may do whatever may be useful to the
others, but not anything which may be prejudicial
to the latter. (1141a)
• ARTICLE 1213. A solidary creditor cannot assign
his rights without the consent of the others.
• 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. (1142a)
• ARTICLE 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. (1143)
• ARTICLE 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. (1144a)
• ARTICLE 1217. Payment made by one of the solidary debtors extinguishes the
obligation. If two or more solidary debtors offer to pay, the creditor may choose which
offer to accept.
• He who made the payment may claim from his co-debtors only the share which
corresponds to each, with the interest for the payment already made. If the payment is
made before the debt is due, no interest for the intervening period may be demanded.
• When one of the solidary debtors cannot, because of his insolvency, reimburse his share
to the debtor paying the obligation, such share shall be borne by all his co-debtors, in
proportion to the debt of each. (1145a)
• ARTICLE 1218. Payment by a solidary debtor shall not
entitle him to reimbursement from his co-debtors if
such payment is made after the obligation has
prescribed or become illegal. (n)
• ARTICLE 1219. 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 effected. (1146a)
• If payment is made first, the remission or waiver is of
no effect. There is no more obligation to remit.
• If remission is made previous to the payment and
payment is made, solution indebiti arises.
EXAMPLE
• A and B are liable in solidum to C in the amount of P1,000.

• C remitted A’s share.
• If B pays C after the remission, B will not be entitled to reimbursement from A since the
remission extinguished the obligation with respect to A’s share. However, B can demand
the return of P500 from C under the principle of solution indebiti.
• If payment was made by B BEFORE the remission, A is still liable to B because the
remission is made without effect, the obligation having been extinguished already by the
payment.
PURPOSE OF LAW
• To forestall fraud whereby the debt having been paid, the creditor, who does not stand to
suffer any loss or damage, remits the share of a particular debtor. The article also secures
equality and justice to the paying debtor inasmuch as the payment benefits his co-debtors.
• ARTICLE 1220. The remission of the whole
obligation, obtained by one of the solidary
debtors, does not entitle him to reimbursement
from his co-debtors. (n)
• ARTICLE 1221. If the thing has been lost or if the prestation has become impossible
without the fault of the solidary debtors, the obligation shall be extinguished.
• If there was fault on the part of any one of them, all shall be responsible to the creditor,
for the price and the payment of damages and interest, without prejudice to their action
against the guilty or negligent debtor.
• If through a fortuitous event, the thing is lost or the performance has become impossible
after one of the solidary debtors has incurred in delay through the judicial or extrajudicial
demand upon him by the creditor, the provisions of the preceding paragraph shall apply.
(1147a)
• 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. (1148a)

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JOINT AND

• JOINT OBLIGATION - An obligation where there is a concurrence of several creditors, or

• A,B, and C borrowed P12,000 from D.

• A,B, and C borrowed P15,000 from X, Y, and Z.

• SOLIDARY OBLIGATIONS – An obligation where there is a concurrence of several

• 1. When the obligation expressly states that there is solidarity

• 1. According to the parties bound:

• ARTICLE 1209. If the division is impossible, the right of the

• ARTICLE 1210. The indivisibility of an

ARTICLE 1211. Solidarity may exist although the

• 1. Uniform – when the parties are bound by the same

• A and B are liable in solidum to C in the amount of P1,000.

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