HANDOUT NO.

Joint and Solidary Obligations

Joint Obligation – 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)

Solidary obligation – 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)

JOINT SOLIDARY
a. Pro-rata a. In solidum/solidaria
b. Proportionate b. Jointly and Severally
c. Mancomunada c. Individually and Collectively
d. Mancomunada simple d. Mancomunada solidaria
e. Mancomunadamente e. Juntos o Separadamente
f. “We promise to pay” signed f. “I promise to pay” signed by
by two or more persons two or more persons

General Rule – the obligation is joint (presumption under Art. 1207)

Exceptions – when it is solidary (not presumed)

1) the obligation so states (Conventional Solidarity)
2) the law requires solidarity (Legal Solidarity)
3) the nature of the obligation requires solidarity (Real Solidarity)

Consequences of being Joint obligation –

a) There are as many debts as there are debtors;

b) There are as many credits as there are creditors;
c) The debts and/or credits are considered distinct and separate from one
another;
d) Each debtor is liable only for a proportionate part of the debt; and
e) Each creditor is entitled only to a proportionate part of the credit.

Kinds of Solidarity
1) Active – solidarity among the creditors (there is mutual representation)
2) Passive – solidarity among debtors (there is mutual guaranty)
3) Mixed – solidarity on the part of the creditors and debtors

Solidarity – refers to the parties of the obligation

Indivisibility – refers to the prestation which constitutes the object of the obligation
Joint Indivisible Obligation – joint as to liabilities of the debtors or rights of the
creditors but indivisible as to compliance.

Sources: The Law on Obligations and Contracts – Hector S. De Leon, 2011 ed.
Obligations and Contracts – Desiderio Jurado, 2012 edition
A. Villegas