JOINT AND SOLIDARY OBLIGATION

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.

Discussions:
Classification of obligation
Individual Obligation – There is only 1 creditor and only 1 debtor in the contract.

Collective Obligation – There are 2 or more debtors and 2 or more creditors.

Kinds of collective obligation

Joint Obligation– where the whole obligation is to be paid or fulfilled proportionately

by the different debtors and demanded proportionately by the different creditors. This
is the presumption in all collective obligation unless solidarity is expressly stated.

Example: Lebron and Kevin contracted a loan amounting P10 million from Steph.
Lebron received a share amounting to P6 million while Kevin received an amount
equal to P4 million. When the obligation came due, Lebron is only obliged to pay an
amount corresponding to his share of the loan, which is P6 million.

Solidary Obligation– where each one of the debtors is bound render, and/or each
creditor has the right to demand from any of the debtors, the entire compliance with
the prestation.

Example: In a loan contract, A and B borrowed an amount equal to P10 million and
agreed to pay the said amount solidarily to X and Y, who are also solidary creditors. A
received P6 million while B received P4 million. When the contract came due, either X
and Y can compel any of A and B to pay the whole amount of P10 million, regardless
of their share. The one who paid the whole amount will just reimburse the share
received by the other debtor.
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Consequences of Joint Obligation

1. Each debtor is liable only for a proportionate part of the entire debt;

[ex. Lebron, kevin and Steph owed Doris 900K. There are 3 debts and 1 credit, In the
absence of any agreement, the liability of Lebron, Kevin & Steph is only 300K]

2. Each creditor, if there several, is entitled to a proportionate part of the credit.

[ex. Lebron, Kevin, Steph lend Doris 900K. 3 debts and 1 credit. Each of the creditor
can collect 300K each.]

3. The demand made by one creditor upon one debtor, produces the effects of default
only as between them, but not with respect to the others.

4. The interruption of prescription caused by the demand by one creditor upon one
debtor, will not benefit the co-creditors; neither, will that demand interrupt the
prescription of the obligation as to the other debtor.

5. The insolvency of a debtor will not increase the liability of his co-debtors. Neither, will
it allow a creditor to demand anything from the co-creditors.

6. The vices of each obligation emanating from the personal defect of a particular debtor
or creditor will not affect the obligation or rights of the others.

 Passive/solidarity on the part of the debtor

 Active/solidarity on the part of the creditor
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Consequences of Solidary Obligation

Passive Solidarity- one of the several debtors can be made liable for the payment or
the performance of the entire obligation. (full payment by any of the debtor extinguishes
the obligation)

Active Solidarity- one of the solidary creditors can demand the payment or
performance of the entire obligation from the debtor or any of the debtors. (There is
mutual representation w/ power to exercise the rights of others in the same manner as
their own rights)

Solidary liability cannot be presumed, the law recognizes the existence

1. When the obligation itself expressly provides for solidarity, for the burden is now
assumed voluntarily by the debtor/s who are supposed to take care of their own
concerns and affairs (Conventional Solidarity);

2. When the law expressly provides for solidarity for which the law has its own legal
reason for the imposition of solidarity (Legal Solidarity);

3. When the nature of the obligation requires solidarity (Real Solidarity).

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Some Legal Solidarity found in Civil Code

Art 927. If two or more heirs take possession of the estate, they shall be solidary liable of
the loss or destruction of a thing devised even though only one of them should have been
negligent.

Art 1824. All partners are liable solidarily with the partnership for everything chargeable
to the partnership under Art 1822 & 1823.

Art 1911. Even when the agent hs exceeded his authority, the principal is solidary liable
with the agent if the former allowed the latter to act as though he full powers.

Art. 2146. If the officious manager delegates to another person all or some of his duties,
he shall be liable for the acts of the delegate, without prejudice to the direct obligation of
the latter toward the owner of the business.

The responsibility of two or more officious managers shall be solidary, unless the
management was assumed to save the thing or business from emminent danger.

Names or Statements Equivalent to Solidarity Other

1. Mancomunada Solidaria
2. De mancomun e insolidum
3. In solidum
4. Juntos or Separadamente.
5. Jointly or severally.
6. Individually & Collectively.
7. Each to pay the whole value.
8. “I promise to pay” signed by two or more debtors.