CH.3 SEC. 4. JOINT AND SOLIDARY OBLIGATIONS

Question 1

Art. 1207. The concurrence of […] or […] in one and the same obligation does not imply […], or […], […] with the prestations. There is a solidary liability only when […], or when […] or […] of the obligation requires solidarity.

Answer 1

Art. 1207. The concurrence of two or more creditors or 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 prestations. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.

Question 2

Art. 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 […], the credits or debts being considered […], subject to the Rules of Court governing the multiplicity of suits.

Answer 2

Art. 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 equal 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.

Question 3

What is a solidary obligation?

Answer 3

A solildary obligation is one 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. (Art. 1207)

Question 4

What is a joint obligation?

Answer 4

A joint obligation is one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors. (Art. 1208)

Question 5

What does Art. 1207 tell us?

Answer 5

Art. 1207 tells us that a collective obligation does not immediately imply the existence of a solidary obligation. There is only a solidary obligation when it is expressly stated in the agreement, or when the law or the nature of the obligation requires solidarity.

Question 6

What does Art. 1208 tell us?

Answer 6

Art. 1208 tells us that when a collective obligation does not indicate that it is solidary, it is presumed to be a joint obligation divided into equal shares as many as there are debtors and creditors; the debts and credits shall be considered distinct from another another, subject to the Rules of Court on multiplicity of suits.

Question 7

When can an obligation be a solidary obligation?

Answer 7

According to Art. 1207, there can only be a solidary obligation when:

(1) It is expressly stated in the obligation;
(2) the law requires; or
(3) the nature of the obligation requires.

Question 8

What is the presumption in a collective obligation?

Answer 8

The presumption in a collective obligation is that it is presumed to be a joint obligation where the credit or debt is divided proportionately among the creditors or the debtors, and that each credit or debt is considered as separate and distinct from one another. (Art. 1208)

Question 9

What are examples of words that indicate joint liability?

Answer 9

Examples of words used for joint obligations are: mancomunada; mancomunadamente; pro rata; proportionately; “we promise to pay” signed by two (2) or more persons. [De Leon, 2021 ed. p. 140]

Question 10

What are examples of words that indicate solidary liability?

Answer 10

Examples of words used to indicate solidary liability are: jointly and/or severally; solidaria; in solidum; together and/or separately; individually and/or collectively; juntos o separadamente; “I promise to pay” signed by two (2) or more persons.

Question 11

What is the kind of obligation when the obligation has two or more debtors yet it does not use words to indicate either joint or solidary liability?

Answer 11

The kind obligation will be a joint obligation. Under Art. 1208, when the obligation (or the law or the nature) does not indicate that it is a solidary obligation, then it shall be presumed to be a joint obligation.

Question 12

What are kinds of solidarity?

Answer 12

Solidarity according to parties bound: (1) Passive solidarity [solidary debtors]; (2) Active solidarity [solidary creditors]; and (3) Mixed solidarity [solidary debtors and creditors].

Solidarity according to source: (1) Conventional solidarity [agreement of parties expressly stated]; (2) Legal solidarity [when law requires]; and (3) Real solidarity [when nature of oblg’n requires].

Question 13

Art. 1209. If the division is impossible, the right of the creditors may be prejudiced […], and the debt can be enforced only by […]. If one of the latter should be insolvent, the others shall not be liable for his share.

Answer 13

Art. 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.

Question 14

What does Art. 1209 tell us?

Answer 14

Art. 1209 talks about an indivisible joint obligation. An indivisible joint obligation is an obligation where the prestation is not divisible by nature (e.g. a car). Art. 1209 gives us the rule that in cases of indivisible joint obligations, that only when all debtors agree can the obligation be enforced, and only when all creditors agree can the thing be delivered. In the former case: if one is unwilling, the unwilling debtor may be liable for damages but the willing debtors are only liable for their share. In the latter case: if one of the creditors is unwilling to accept the thing due, the debtor has the right not to deliver thing, and may consign the thing due to the court. [De Leon, 2021 ed. p. 145]

Question 15

Art. 1210. The indivisibility of an obligation does not necessarily give rise to […]. Nor does solidarity of itself imply […].

Answer 15

Art. 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.

Question 16

What does Art. 1210 tell us?

Answer 16

Art. 1210 tells us that the liability in an indivisible obligation may either be joint or solidary, and that in a solidary obligation, the subject matter may be divisible or indivisible. [De Leon, 2021. ed. p. 146]

Art. 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.

Question 17

Art. 1211. Solidarity may exist although the creditors and the debtors may not […].

Answer 17

Art. 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.

Question 18

What are the kinds of obligation according to legal tie?

Answer 18

There are two kinds of solidary obligations according to legal tie: (1) uniform; and (2) non-uniform or varied.

Question 19

What is the difference between uniform solidary obligation and varied (non-uniform) solidary obligation?

Answer 19

A uniform solidary obligation is when the parties are bound by the same stipulations while a varied (non-uniform) solidary obligation is when the parties are not subject to the same stipulations.

Question 20

Art. 1212. Each one of the solidary creditors may do whatever may be […], but not anything which may be […].

Answer 20

Art. 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.

Question 21

What theory or principle is Art.1212 - right of creditors to do whatever may be useful to others - based on?

Answer 21

Art. 1212 is based on the theory of mutual agency (right of one to act for and in the name of the others.)

Question 22

Art. 1213. A solidary creditor cannot assign his […] without the […].

Answer 22

Art. 1213. A solidary creditor cannot assign his rights without the consent of the others.

Question 23

Can a solildary creditor assign his rights without asking permission from others?

Answer 23

No, under Art. 1213, a solidary creditor cannot assign his rights without the consent of the others.

Question 24

Can joint creditors assign his rights without asking permission from the other creditors?

Answer 24

Yes, joint creditors may assign his rights without asking permmission from the other creditors. Art. 1213 only prohibits the re-assignment of rights by solidary creditors without the consent of the others. Furthermore, in joint obligations, every credit (or debt) is treated as distinct from one another [Art. 1208]. Since they are distinct from one another, Art. 1178 may apply.

Question 25

Art. 1214. The debtor may pay […] of the solidary creditors; but if any demand, […], has been made by one of them, payment should be […].

Answer 25

Art. 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.

Question 26

What is the general rule and exception under Art. 1214?

Answer 26

Art. 1214. General rule: The debtor may pay any one of the solidary creditors.

Exception: If any of the solidary creditors make a demand (whether judicial or extrajudicial), the debtor must pay the solidary creditor who made the demand.

Question 27

Does the rule in Art. 1214 also apply to debtors?

Answer 27

Yes, Art. 1214 also applies to debtors. Only debtors to whom demand has been made by creditors in a solidary liability is bound to make payment to the creditor who made the demand [De Leon, 2021 ed., p.150]

Question 28

Art. 1215. Novation, compensation, confusion or remmission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall […], 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 […].

Answer 28

Art. 1215. Novation, compensation, confusion or remmission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extiguish 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.

Question 29

Under Art. 1215, what are the causes of extinguishment of an obligation?

Answer 29

Under Art. 1215, when the solidary creditor or debtors commit these acts which are prejudicial to the other solidary creditors or debtors, the obligation shall be extinguished:

(1) Novation (Art. 1291);
(2) Compensation (Art. 1278);
(3) Confusion (Art. 1275); and
(4) Remission of debt (Art. 1270). [Art. 1215 may also cover other modes of extinguishment]

Question 30

Art. 1216. The creditor may proceed against any of the […] or […] or […]. 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 […].

Answer 30

Art. 1216. The creditor may proceed against any 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.

Question 31

To whom may the creditor make a demand in case of a passive solidary obligation?

Answer 31

Under Art. 1216, the creditor may proceed against any of the following:

(1) any one of the solidary debtors;
(2) some of the solidary debtors; or
(3) all of the solidary debtors simultaneously.

Question 32

Art. 1217. Payment made by one of the solidary debtors […]. If two or more solidary debtors offer to pay, the creditor may […].

He […] may claim from his co-debtors only the […], with the interest for the payment already made. If the payment is made before the debt is due, […].

When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be […].

Answer 32

Art. 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.

Question 33

In case of a passive solidary obligation, what is the effect of the payment made by one of the solidary debtors?

Answer 33

In passive (or mixed) solidary obligations, the payment made by one of the solidary debtors shall extinguish the obligation, in accordance with Art. 1217 of the Civil Code.

Question 34

In case of a passive (or mixed) solidary obligation, if two or more solidary debtors offer to pay, who should the creditor pick?

Answer 34

In a passive (or mixed) solidary obligation, when two or more solidary debtors offer payment, the creditor may choose which offer to accept (Art. 1217).

Question 35

In a passive (or mixed) solidary obligation, when can the solidary debtor who made payment demand interest from his solidary co-debotrs? How much is he allowed to collect?

Answer 35

In a passive (or mixed) solidary obligation, the solidary debtor who made payment may demand interest for the payment from his solidary co-debtors only for the period after the obligation has become due. Under Art. 1217, “If the payment is made before the debt is due, no interest for the intervening period may be demanded.” Thus, he/she may collect interest only for the period after the obligation has become due.

The debtor may collect only the amount equivalent to the share of each solidary co-debtor. Under Art. 1217, “He who made the payment may claim from his co-debtors only the share which corresponds to each.” Thus, the debtor cannot demand from a solidary co-debtor what is beyond the latter’s share.

Question 36

What is the effect on the solidary co-debtors in a passive solidarity when one of the debtors become insolvent?

Answer 36

The solidary co-debtors shall bear the share of the insolvent creditor. Under Art. 1217, “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.” Thus, the other debtors will have to bear the share of the insolvent debtor. This does not preclude, however, the solidary debtors who bore the shares from collecting from the insolvent debtor should the latter’s finances improve.

Question 37

Art. 1218. Payment by a solidary debtor shall not […] if such payment is made after the obligation has prescribed or become illegal.

Answer 37

Art. 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.

Question 38

When shall a solidary co-debtor not be entitled to reimbursement from his co-debtors?

Answer 38

Under Art. 1218, a solidary debtor who has made payment cannot be entitled to reimbursement from his co-debtors when: (1) the obligation (or debt) has prescribed; or (2) the obligation has become illegal.

Question 39

What is the definition of presription?

Answer 39

Prescription is when a person acquires or loses ownership or rights or actions through the lapse of time. (Art. 1106)

Question 40

Art. 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not […], in case the debt had been totally paid by anyone of them […].

Answer 40

Art. 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.

Question 41

What is remission?

Answer 41

Remission is condonation of debt [Art. 1270]

Question 42

When will a soliday debtor whose share has been affected by the remission made by the creditor be made liable to his co-debtors?

Answer 42

The solidary debtor shall be liable to his co-debtors in case the debt had totally been paid by anyone of the co-debtors before the remission was effected. (Art. 1219)

Question 43

Art. 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him […].

Answer 43

Art. 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.

Question 44

Art. 1221. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, […].

If there was fault on the part of any one of them, […], 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 extra-judicial demand upon him by the creditor, […]

Answer 44

Art. 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 extra-judicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.

Question 45

What shall be the effect on the solidary debtors if the prestation has been lost or has become impossible due to a fortuitous event?

Answer 45

When there is no delay, the obligation is extinguished. If ther has been delay, even if the prestation has been lost due to a fortuitous event, the debtors shall all be responsible to the creditor.

Art. 1221 provides that: “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 through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred delay through the judicial or extra-judicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.” The preceding paragraph provides that all debtors shall be respondible to the creditor.

Question 46

Art. 1222. A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the […] and of those which are […], or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only […].

Answer 46

Art. 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.

Question 47

What are the three types of defenses a solidary debtor may avail of in actions filed by the creditor?

Answer 47

The three types of defenses, as provided in Art. 1222 are:

(1) defenses which are derived from the nature of the obligation;
(2) defenses which are personal to the debtor;
(3) defenses with respoect to those which personally belong to others, but he may only avail himself only the part which he is responsible.