Title I Chapter 3

DIFFERENT KINDS OF
OBLIGATIONS
Section 4
Joint and Solidary Obligations
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)
 Kinds of Obligations According
to the Number of Parties

1. Individual obligation - one where there is only one

obligor or one obligee.

2. Collective obligation - one where there are two or

more debtors and/or two or more creditors. It may be joint
or solidary.
 1_ .

Meaning of Joint and Solidary

Obligations
A. Joint obligation or 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.)

Example:

D1 and D2 borrowed P10,000 from C. Here, each of the

debtors owes C P5,000.
Why? Because in a joint obligation:

1. There are as many debts as there are debtors.

Hence, since there are two debtors (D1 and D2), then
there are two debts (P10,000/2 = P5,000).
2. There are as many credits as there are creditors.
3. The debts and/or credits are considered distinct and
separate from each other;
4. Each debtor is liable only for the proportionate part of
the debt.
5. Each creditor is entitled only to a proportionate part
of the credit.
6. In a joint obligation, the rule is “to each his own”.
Illustration 1: D1 and D2 borrowed P10,000 from C.

1. How much can C collect from D1?

Answer: P5,000.00. There as a many debts as there are debtors.

2. Suppose D2 is insolvent or has passed away, how much can C

collect from D1?
Answer: P5,000. D2’s debt is distinct and separate from D1’s debt.
Hence, D1 is not bound to shoulder D2’s debt.

3. Suppose D1 paid C P5,000, can D1 ask a share or reimbursement

from D2?
Answer: No, because D1’s debt is distinct and separate from D2’s
debt.
Illustration 2: D borrowed P10,000 from C1 and C2.

1. How much can C1 collect from D?

Answer: P5,000.00. There as a many credits as there are
creditors.

2. Suppose C1 is able to collect P5,000 from D, how much, if

any, should C1 share with C2?
Answer: None, because C1’s credit is distinct and separate
from C2’s credit.
Take Note:

If the obligation is silent or does not specify whether the

debtors are joint or solidary, they are presumed to be joint
only.
In a solidary obligation, there is only one debt
regardless of the number of solidary debtors
and there is only one credit regardless of the
number of solidary creditors.

Solidary obligations are also referred to as

“joint and several obligation”.

The rule in solidary obligations is “one for all,

all for one”.
Illustration 1: Solidary debtors SD1 and SD2 borrowed
10,000 from C.

1. How much can C collect from SD1?

Answer: P10,000.00. In a solidary obligation, there is
one debt only regardless of the number of debtors.

2. Suppose SD2 is insolvent or has passed away, how

much can C collect from SD1?
Answer: P10,000. In a solidary obligation, there is one
debt only regardless of the number of debtors.
However, the debtor who pays has the right to demand
reimbursement from the other debtors.
Illustration 2: D borrowed P10,000 from solidary
creditors SC1 and SC2.

1. How much can SC1 collect from D?

Answer: P10,000.00. In a solidary obligation, there is
one credit only regardless of the number of creditors.

2. Suppose SC1 is able to collect P10,000 from D, how

much, if any, should he share with SC2?
Answer: P5,000. In a solidary obligation, the creditor
who received the payment must share the same with
his co-creditors. The creditors shares are equal unless
there is a different sharing agreement.
 When is Obligation Solidary?
Under Art. 1207, there is solidary liability only under the
following circumstances:

• the obligation expressly so states; or

• the law requires solidarity; or
• the nature of the obligation requires solidarity.

Note: Solidary liability also exists when it is imposed in a

final judgment against several defendants.
 Kinds of Solidarity.
1. According to the parties bound:
(a) Passive solidarity- solidarity on the part of the
debtors.
(b) Active solidarity- solidarity on the part of the
creditors.
(c) Mixed solidarity - solidarity on the part of the debtors
and creditors.
 Kinds of Solidarity
2. According to source:

(a) Conventional solidarity - where solidarity is agreed

upon by the parties.
(b) Legal solidarity - where solidarity is imposed by the
law.
(c) Real solidarity - where solidarity is imposed by the
nature of the obligation.
* What if the debtors are joint but the creditors are solidary?

Illustration: Joint debtors JD1 and JD2 borrowed P10,000 from

solidary creditors SC1 and SC2.

1. How much can SC1 collect from JD1?

Answer: P5,000.00. Because JD1 and JD2 are joint debtors only.
Hence, their debts are separate and distinct from each other. A joint
debtor cannot be compelled to pay more than his share.

2. Suppose SC1 is able to collect P5,000 from JD1, how much, if

any, should he share with SC2?
Answer: P2,500. Since they are solidary creditors, the credit or claim
of one is also the credit or claim of the other. Thus, the creditor who
received the payment must share the same with his co-creditors.
The creditors shares are equal unless there is a different sharing
agreement.
3. Suppose JD2 is insolvent or has passed away, how much can
SC1 collect from JD1? Answer: P5,000. Because JD2’s debt is
distinct and separate from JD1’s debt. Hence, JD1 is not bound to
shoulder JD2’s debt.

4. Suppose JD1 paid SC1 P5,000, can JD1 ask a share or

reimbursement from JD2?
Answer: No, because JD1’s debt is distinct and separate from
JD2’s debt.
** What if the debtors are solidary but the creditors are joint?

Illustration: Solidary debtors SD1 and SD2 borrowed P10,000 from

joint creditors JC1 and JC2.

1. How much can JC1 collect from SD1?

Answer: P5,000.00. Because although the debtors are solidary, the
creditors are only joint. Hence, the credit/claim of JC1 is separate
and distinct from the credit/claim of JC2.

2. Suppose JC1 is able to collect P5,000 from SD1, how much, if

any, should he share with JC2?
Answer: None, because they are joint creditors, the credit or claim of
one is distinct and separate from the other.
3. Suppose SD2 is insolvent or has passed away, how much can
JC1 collect from SD1?
Answer: P5,000. Because in a solidary obligation, the debt of one is
the debt of the other. But since the creditors are joint, then JC1 can
collect only his share of the credit/claim.

4. Suppose SD1 paid JC1 P5,000, can SD1 ask a share or

reimbursement from JD2?
Answer: Yes, SD1 can demand P2,500 from SD2. Since they are
solidary debtors, the debt of one is also the debt of the other. Thus,
the debtor who paid can demand a share from his co-debtors. The
debtors shares are equal unless there is a different sharing
agreement.
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)
ART. 1209
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. (See Art.
1125, par. 1.)

Example:

A, B and C are jointly liable to deliver to D a laptop computer

worth P18,000.00. On due date, only A and B are willing to
deliver but C is not.
1. Can D require A and B to deliver the computer?
Answer: No, A and B are joint debtors only. Hence, they are
liable only for a proportionate part of the obligation (P6,000
each). The obligation is an indivisible obligation that can be
enforced only when all the debtors will give their shares.

2. Can D require C to deliver the computer?

Answer: No, for the same reason in No. 1. Like A and B, C is a
joint debtor only. As such, he is liable only for a proportionate
part of the obligation (P6,000). The obligation is an indivisible
obligation that can be enforced only when all the debtors will
give their shares.
3. Since the obligation is joint indivisible that can be
enforced only if all the joint debtors will give their shares,
what then is D’s remedy if C is not willing to give his share
and D cannot compel A and B to shoulder C’s share?

Answer: The obligation to give the computer will be

converted into an obligation to pay P18,000. Thus, each
joint debtor will pay D P6,000. But in the case of C, aside
from his P6,000 share in the price of the computer he is
also liable to pay damages because he violated the
obligation.
 Indivisibility and Solidarity
Distinguished

INDIVISIBILITY SOLIDARITY
It refers to the prestation. It refers to the juridical or legal tie.
Only the debtor guilty of breach of All of the debtors are liable for the
obligation is liable for damages. breach of the obligation

committed by a debtor.

It can exist although there is only There must be at least two

one debtor and one creditor. debtors or two creditors.
The other debtors are not liable in The other debtors are

case of insolvency of one debtor. proportionately liable in case of

insolvency of one debtor.

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)
ART. 1211

Kinds of Solidary Obligation According

to the 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.
Example:

A, B and C obliged themselves solidarily (jointly

and severally) to pay D P18,000, subject to the
following terms and conditions:

A’s share (P6,000) shall be due on December;

B’s share (P6,000) shall be due on January; and
C’s share (P6,000) shall be due if D passes
Oblicon.
 How much is due? Who are liable ?

December
P6,000 (A’s share) A, B and C

January P6,000 (B’s share) A, B and C

Suppose D passed
P6,000 (C’s share) A, B and C
Oblicon in March
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)
ART. 1212
Example:
A owes B and C, solidary (joint and several) creditors,
the sum of 10,000.00.

B may make a demand for the payment of the

obligation for this will benefit C.

Under the law, the prescription (expiration) of action is

interrupted when they are filed before the court. (Art.
1155.)

So also, if B collects from A, C will be benefited.

In case of remission or condonation effected by
B, the obligation will be extinguished. Meaning
to say, A is no longer obliged to pay B and C.

However, since C cannot be prejudiced by the

remission, B has to reimburse C for the latter’s
share. (Art. 1215.)

Note: Remission or condonation takes place

when the creditor forgives the debtor’s
debt/obligation.
Article 1213. A solidary creditor cannot assign his
rights without the consent of the others. (n)

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)
ART. 1214
Payment to any of the Solidary Creditors.
- The debtor may pay any one of the solidary
creditors.
-But when a demand, judicial or extrajudicial, has
been made by one of them, payment should be
made to him; otherwise, the obligation will not be
extinguished except insofar as the creditor-
payee’s share is concerned in case the latter does
not give to the other creditors their shares in the
payments.
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)
Liability of solidary creditor in case of novation,
compensation, confusion or remission.

Novation, compensation, confusion or remission shall

extinguish the debtor’s obligation. However, the creditor
responsible for the novation, compensation, confusion or
remission shall be liable to his co-creditors.

Example:
A owes solidary (joint and several) creditors B and C the
amount of P10,000. If B condoned/forgave A’s debt, then
A’s obligation is extinguished. However, B must give C his
P5,000 share.
Effects of novation, etc. where obligation is
joint
Does not extinguish or modify the whole obligation
except with respect to the creditor or debtor
affected.
Example:
A owes joint creditors B and C the amount of
P10,000. If B condoned A’s debt, then only the
P5,000 share of B is extinguished. C’s P5,000
share remain and A must still pay it.
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)
ART. 1216

Right of creditor to proceed against any

solidary debtor.
- The creditor may demand payment from any of
the solidary debtors until the debt is fully
collected.
- The choice is left to solidary creditor to
determine against whom he will enforce
collection.

- But of course if the creditor already received

full payment he can no longer collect from the
other debtors.
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)
ART. 1217

Effects of payment by a solidary

debtor.
Between the solidary debtors and creditors - Payment
in due course made by one of the solidary debtors
extinguishes the obligation.

Among the solidary debtors - After payment of the

debt, the paying solidary debtor can demand
reimbursement from his co-debtors.
Among the solidary creditors - The receiving
creditor is jointly liable to the others for their
corresponding shares. (Art. 1208.)
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)
ART. 1218
Effect of Payment after Obligation has
Prescribed or Become Illegal
• When a solidary debtor pays the obligation; he is
entitled, as a rule, to reimbursement from his co-debtors.
Article 1218 mentions two cases when the paying debtor
cannot get any reimbursement. When the obligation has
already prescribed (Art. 1231, par. 2.) or become illegal
(Art. 1266.), the obligation is extinguished. Hence, there
is no more obligation to be complied with.
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)
ART. 1219

Effect of Remission of Share

After Payment

If payment is made first, the remission or waiver is of

no effect. There is no more obligation to remit.

If remission is made before payment and payment is

made, solutio indebiti arises. In other words, the debtors
can demand from the creditors the payment they made
after remission or waiver.
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)
ART. 1220
No Right to Reimbursement in
Case of Remission
The debtor who obtains remission is not entitled to
reimbursement. Reason: The debtor did not pay anything.

Example:
Solidary (joint and several) debtors A and B owe creditor C
P10,000. It turns out that C has a big crush on A’s sister.
Hence, to make an impression, C condoned A and B’s loan.

Here, A is not entitled to any reimbursement from B because

A did not pay anything to C.
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)
ART. 1221
Rules In Case Thing Has Been Lost Or
Prestation Has Become Impossible
Loss is without debtor’s fault and The obligation is extinguished.
before delay.

Loss is due to a solidary debtor’s All solidary debtors are liable to

fault. the creditor. But the debtors who
are not at fault have a right to be
reimbursed by the debtor at
fault.
Loss is without debtor’s fault but All solidary debtors are liable to
after delay. the creditor. But the debtors who
are not in delay have a right to
be reimbursed by the debtor in
delay.
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)
ART. 1222

Defenses Available to a
Solidary Debtor
(1) Defenses derived from the nature of the obligation
(2) Defenses personal to, or which pertain to share of,
debtor sued
(3) Defenses personal to other solidary debtors