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NOTE:
In the absence of stipulation, when there are multiplicity of parties or
collective obligation, said obligation is presumed JOINT. Meaning, the share in
the obligation is specified, the correlative rights and obligation of the parties are
known.
Implications:
a) There are as many debts as there are debtors;
b) There are as many credits as there are creditors;
c) The debts/credits are considered distinct and separate from one another.
d) Each creditor is entitled only for a proportionate part of the credit.
e) Each debtor is liable only for his proportionate part of the debt.
Presumption established under Article 1208 is only disputable.
Other terms for joint obligation:
a) mancomunada
b) mancomunada simple
c) proportionately
d) pro-rata
Examples:
Joint obligation
A, B and C jointly executed a promissory note worded as
follows:
We promise to pay to the order of X P9,000.00
Sgd. A, B and C
Solidary obligation each debtor is liable for the entire obligation and each
creditor is
entitled to demand the whole obligation.
36,000, but each of the creditors can collect only up to 12,000. Thus X, Y and Z can
collect 12,000 from A alone. After A has made the payment of P 36,000, he can
demand reimbursement of P 9,000 each from B, C and D
Illustrations:
1. A, B, C and D are obliged to give X, Y and Z P12,000. X may collect from A how
much?
* P1,000. When the obligation is silent, it is presumed joint.
2. A, B, C and D, joint debtors are obliged to give X, Y, and Z, solidary creditors,
P12,000. How much may X collect from A?
* P 3,000. As a solidary creditor, X may collect the whole amount owed by the
joint debtor A.
3. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, joint creditors,
P12,000. How much may X collect from A?
* P4,000. As a joint debtor X is entitled only to his proportionate share, and A
being a solidary debtor may be required to pay the said amount.
4. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, solidary creditors,
P12,000. How much may X collect from A?
* P12,000. X being a solidarity creditor may ask for the payment of the whole
amount in behalf of his co-creditors subject to a responsibility of X to give the latter
their corresponding shares. Similarly, A as a solidary debtor may be required to pay
the whole amount of the obligation subject to reimbursement from his co-debtors.
5. A and B are indebted to X and Y for P10,000. A and B share in the debt in the
ratio of 1:3 while X and Y share in the credit in the ratio of 2:3.
a. How much may X collect from A if the debtors are joint debtors, while the
creditors are joint creditors?
* P1,000. The obligation is joint on both the debtor and creditor,
therefore there are as many debts (credits) as debtors (creditors).
COMPUTATION:
Proportionate Share of A:
x P10,000 =
P 2,500
Proportionate Share of B on As Proportionate Debt:
2/5 X P2,500=
P 1,000
b. How much may X collect from A if there is active solidarity?
* P2,500(see computation above). The whole amount of the
proportionate share of A could be collected by X. As a solidary creditor, X may
collect the whole amount of the obligation corresponding against one or more
debtors.
c. How much may X collect from A if there is passive solidarity?
* P4,000. Being a joint creditor, X can collect only his corresponding
share in the credit. The full amount could be collected to A, being a solidary debtor.
COMPUTATION:
Proportionate Share of X in the credit:
2/5 x P10,000 =
P 4,000
d. How much may X collect from A if there is mixed solidarity?
P10,000. Since there is mixed solidarity the whole amount of obligation
may be collected by any of the solidary creditors against any of the solidary
debtors.