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 and only one obligee.
2) COLLECTIVE OBLIGATION – one where there are two or
more debtors and/or two or more creditors; may be JOINT
or SOLIDARY.

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
 Word used: mancum; mancomunada;
mancomunadamente; pro rata; proportionately; pro rata,
jointly; conjoint; “we promise to pay” signed by two or
more persons

CONSEQUENCES OF JOINT OBLIGATION

1) Each debtor is liable for a proportionate part of the entire
debt; there are as many separate debts as there are
debtors
2) Each creditor is entitled only to a proportionate part of the
credit
3) Demand made by one creditor upon one debtor produces
the effects of default only as between them, not with
respect to others
4) Interruption of prescription caused by demand by one
creditor upon the debtor, will not benefit the co-creditors;
neither will that demand interrupt the prescription of the
obligation as to other debtors
5) Insolvency of a debtor will not increase liability of his co-
debtors; nor will it allow a creditor to demand anything
from 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
SOLIDARY OBLIGATION
 One where each one of the debtors is liable for the entire
obligation and/or each one of the creditors has a right to
demand entire compliance or satisfaction of the whole
obligation from any or all of the debtors
 Words used: severally, jointly and/or severally’ solidaria; in
solidum; solidarily; together and/or separately’
individually and/or collectively; juntos o suparadamente; “I
promise to pay” signed by two or more persons.

**A collective obligation is PRESUMED TO BE JOINT unless the

LAW, NATURE OF THE OBLIGATION, and STIPULATION OF THE
PARTIES states otherwise.

CHARACTERISTICS, ESSENCE, AND BASIS OF SOLIDARY OBLIGATION

1) Three characteristics:
a. Unity of object
b. Plurality of ties
The prestation due is one and the same thing.
2) Essence:
a. Each and every one of the solidary creditors can
demand and each of the debtors must satisfy the
same prestation
3) Basis:
a. Mutual agency among those interested in the
same obligation

**In actuality, solidary obligation is a form of joint obligation.

**Solidary obligation cannot be inferred lightly, they must be
positively and clearly expressed because they are very burdensome
and create unusual rights and liabilities. There is solidary liability
only when
1) The obligation expressly so declares
2) The law requires solidarity
3) The nature of the obligation requires solidarity—two or
more persons acting in violation of Art. 19-22

KINDS OF SOLIDARITY
1) According to the parties bound:
a. PASSIVE SOLIDARITY – solidarity on the part of the
debtors; anyone of them can be made liable for
the fulfilment of the entire obligation. Plurality of
debtors, unity of prestation; mutual guaranty
 b. ACTIVE SOLIDARITY – solidarity on the part of the
creditors; anyone of them can demand fulfilment
of the obligation. Mutual representation.
c. MIXED SOLIDARITY – solidarity on the part of both
debtors and creditors; one of the debtors is liable
to render, and each one of the creditors has right
to demand, entire compliance with the obligation.
2) ACCORDING TO SOURCE:
a. CONVENTIONAL SOLIDARITY – solidarity agreed
upon by the parties
b. LEGAL SOLIDARITY – solidarity imposed by law
c. REAL SOLIDARITY – imposed by nature of
obligation
d. JUDICIAL SOLIDARITY (pineda) – imposed by final
judgement by a court upon several defendants

ART. 1209 – JOINT DIVISIBLE OBLIGATION

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)

JOINT INDIVISIBLE OBLIGATION, CONCEPT

 Joint because parties are merely proportionately liable but
indivisible because the object or subject matter is not
physically divisible into different parts.
 Joint as to liability of debtors/rights of creditors but
indivisible as to compliance.
 Fulfilment requires the concurrence of all the debtors; on
the part of the creditors, there must be a collective action
for acts which are prejudicial to the rights of the creditors

EFFECT OF BREACH:
 Compliance can only be enforced by proceeding against all
of the debtors; if one failed, the obligation can no longer
be fulfilled
 Obligation is converted into one of indemnity for damages
 The debtor who refused or failed to comply with the
obligation shall shoulder the damages
 If the co-debtors also suffered damages by the same
reason, they may also recover from the erring debtor
  If there is plurality of creditors, but there is only one
debtor, the obligation can be performed only by the
delivery of the thing to all creditors jointly.
o Debtor can refuse to make delivery if only one
creditor or some but not all re making the
demand.
o If one or some of the creditors refuse to accept,
he may resort to tender of payment and
consignation.

INSOLVENCY OF THE DEBTOR

 The other debtors shall not be liable for his share.

“THE RIGHT OF CREDITORS MAY BE PREJUDICED ONLY BY THEIR

COLLECTIVE ACTS”
 As long as the obligation is joint, the act of one creditor
cannot have any effect as to the other creditors because
the credit of each is separate from the credit of the others.
The indivisibility requires collective action to be effective.
If a written demand is made by one creditor only, the
debtor cannot pay him alone. Payment must be made to
all. Hence, the act of one alone is ineffective.

ART. 1210 – INDIVISIBILITY V. SOLIDARITY

The indivisibility of an obligation does not necessarily give rise to

solidarity. Nor does solidarity of itself imply indivisibility. (n)

INDIVISIBLE OBLIGATION
 One where the prestation or object cannot be performed
by parts without altering its essence or substance

KINDS OF INDIVISIBILITY:
1) LEGAL INDIVISIBILITY – indivisibility by operation of law;
ex.: delivery of definite things like a car
2) CONVENTIONAL – indivisibility by agreement of parties;
ex.: accomplishment of work by metrical units, but by
agreement is made indivisible
3) SOLIDARY OBLIGATION

INDIVISIBILITY SOLIDARITY
Nature Refers to prestation Refers to juridical
tie that binds the
parties
Breach of obligation Indivisible Solidary
obligations—only obligations—all of
the debtor guilty of the debtors liable
breach of for the breach of
obligation is liable obligation
for damages committed by a co-
debtor
Number of subjects Can exist although There must be two
there is only one debtors or two
debtor and one creditors
creditor; does not
require plurality of
subject
Insolvency of debtor Indivisible Solidary
obligations—others obligations—others
are not liable in are proportionately
case of insolvency liable
of one debtor
Effect of death of a Heirs of the debtor Death of solidary
debtor remain bound to debtor terminates
perform the same the solidarity, the
prestation tie or vinculum
being transmissible
to heirs

**indivisibility and solidarity can co-exist; existence of one does not

necessarily give rise to the existence of the other

ART. 1211 – SOLIDARITY

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)

KINDS OF SOLIDARY OBLIGATION ACCORDING TO LEGAL TIE:

1) UNIFORM – where the parties are bound by the same
stipulation and clauses
2) NON-UNIFORM OR VARIED – when the parties are not
subject to the same stipulation or clauses

 Under ART. 1211 the solidarity of the debtors is not

affected even if different terms and conditions are
assumed or made applicable to them
 The creditor may bring his action in toto against any of the
solidary debtors less the shares of the other debtors with
 unexpired terms or unfulfilled conditions who are entitled
to defenses under Art. 1222
 An obligation may be joint on the side of the creditors and
solidary on the side of the debtors or vice versa.

ART. 1212 – BENEFICIAL ACTS OF SOLIDARY CREDITOR

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)

 Mutual agency exists among solidary creditors; act of one

will affect others
 Solidary creditor may do any act beneficial or useful to the
others but he cannot perform any act prejudicial to them.
 If he performs a prejudicial act and as a result the
obligation is extinguished, he shall be responsible to the
others with damages. But the act has valid legal effects as
far as the debtors are concerned.
 A JOINT CREDITOR cannot act in representation of others.

ART. 1213 – ASSIGNMENT BY SOLIDARY CREDITOR OF HIS RIGHTS

A solidary creditor cannot assign his rights without the consent of

the others. (n)

 Rationale: Mutual agency is the essence of their active

solidarity which is based on mutual trust and confidence.
 Each creditor represents the others and the assignee may
not have the confidence of the original solidary creditors.
 If the assignment is made to a co-creditor, the consent of
the others is not necessary.
 If a solidary creditor assigned his rights without consent of
the others, ART. 1213 implies that it is invalid; assignee
does not become a solidary creditor; payments made to
the assignee does not extinguish the obligation

CRITIQUE: Rule places an unjustifiable and unnecessary restriction

on the rights of the solidary co-creditor on his share; the
representation of the solidary creditors is created by law and not
by consent or agreement of parties.

Justice JBL Reyes: “if danger is seen in the possible misfeasance of

the assignee, the remedy is not the paralysation of the proprietary
rights of the solidary creditor, but to impose upon him a subsidiary
responsibility for the acts of the assignee…”

ART. 1214 – PAYMENT TO ANY OF THE SOLIDARY CREDITORS

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)

 Rule: payment can be made to any of the solidary creditors

 When demand is made, to avoid confusion, as well as
prejudice to the more diligent creditor, the payment
should be made to him; otherwise, the obligation will not
be extinguished
 The demand has the effect of terminating the mutual
agency among the solidary creditors.
 In case two or more demands are made by the other
creditors, the first demand must be given preference or
priority.
 However, if the first demanding creditor made only an
extrajudicial demand but neglected to pursue it to the
prejudice of other creditors, judicial demand may still be
done by the others against the debtor.
 1214 is also applicable to mixed solidarity; the debtor upon
whom no demand has been made, may pay any one of the
solidary creditors.
 Only the debtor to whom the demand is made, is bound to
make payment to the creditor who made the demand.

ART. 1215 – NOVATION, COMPENSATION, CONFUSION, OR

REMISSION OF DEBT

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)

MODES OF EXTINGUISHING OBLIGATION IN ART. 1215:

1) NOVATION – there is novation when obligations are
modified by
a. Changing their object or principal conditions
b. Substituting the person of the debtor, and
 c. Subrogating a third person in the rights of the
creditor
2) COMPENSATION – takes place when two persons, in their
own right, become creditors and debtors of each other
3) CONFUSION OR MERGER OF RIGHTS – when the characters
of creditor and debtor are merged in the same person
4) REMISSION OR CONDONATION – gratuitous abandonment
by the creditor of his right; acceptance of the obligor is
necessary

 The creditor who executed any of these acts should be

liable to the others for their corresponding shares
considering that such acts are prejudicial to them.
**Extension of time granted by the creditor to a solidary debtor
does not amount to a novation that will discharge the other
solidary debtors. The latter shall be liable for the whole debt less
the share of the debtor granted extension.
**In joint obligation, the enumerated modes of extinguishment
and any other cause of modification or extinction does not
extinguish or modify the obligation except with respect to the
creditor or debtor affected.

ART. 1216 – RIGHT OF THE CREDITOR TO PROCEED AGAINST ANY

SOLIDARY DEBTOR

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)

 Provision NOT applicable to joint obligations.

 In passive solidarity, the creditor can proceed against
a. Any of the solidary debtors
b. Some of the solidary debtors
c. All of the solidary debtors simultaneously
 First demand shall not preclude subsequent demands on
the other co-debtors
 If the demand is judicial and judgment was rendered by
the court, the rules are as follows:
From pineda:
a. If the decision is favorable to the solidary creditor
acting as agent of the other co-creditors,
judgment is beneficial to all.
 b. Judgement cannot be executed against the co-
debtors who were not made parties in the
complaint; new action is necessary; there is no
waiver against those who are not sued (Guerrero
v. CA)
c. If the solidary creditor lost the case, the judgment
will constitute a res judicata between the co-
creditors and co-debtors.
From de leon:
d. Since the liability is solidary, the other solidary
debtors are not indispensable parties in a suit filed
by the creditor (De Castro v. CA)
e. The bringing of an action against a solidary debtor
to enforce the payment of the obligation is not
inconsistent with and does not preclude the
bringing of another to compel the others to fulfil
their obligations (PNB v. Confessor and Diaz);
 REVIVAL OF JUDGEMENT AGAINST SOLIDARY DEBTORS—
may be enforced against any one of the debtors
 Passive solidarity and suretyship are not identical

PASSIVE SURETYSHIP
SOLIDARITY
Nature of obligation it is primary It is subsidiary
Extent of liability The solidary debtor The surety is
is liable for his own responsible only for
obligation and that the principal debtor
of his co-debtors
Right to The solidary debtor The surety is
reimbursement is entitled to be entitled to be
reimbursed for reimbursed for
what he has paid, everything he had
minus his own paid
share
Effect of grant of The co-debtors are If the principal
extension of time to not released but debtor is granted
the debtor to pay shall remain liable extension of time
the creditor for the whole without the
obligation minus consent of the
the share of the surety, the surety is
debtor who was released from the
granted extension obligation
(Stevenson v.
Climaco)
ART. 1217 – PAYMENT

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)

EFFECT OF FULL PAYMENT BY SOLIDARY DEBTOR:

1) Between the solidary debtors and creditors—
extinguishes the obligation; the creditor for his
protection is given the right to choose which offer
to accept if two or more solidary debtors offer to
pay
2) Among the solidary debtors – does not create a
case of subrogation; full payment merely entitles
him to claim reimbursement from his co-debtors
“only the share which corresponds to each.”
 the liability of the other debtors is based
upon the payment made by the co-
debtor joint obligation of
reimbursement
 in case of insolvency of any of the
solidary debtors, the others assume the
share of the insolvent one pro rata
 the paying solidary debtor can recover
reimbursement from the co-debtors
only in so far as his payment exceeded
his share in the obligation
 PARTIAL PAYMENT: If the amount is
equal to his proportionate share in the
obligationhe pays what is due from
him; if amount is less than his share
he cannot demand reimbursement
3) Among the solidary creditors – receiving creditor is
jointly liable to the others for their corresponding
shares
ART. 1218 – EFFECT OF PAYMENT WHERE OBLIGATION ALREADY
PRESCRIBED OR BECAME ILLEGAL

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)

 Two cases when the paying debtor cannot get

reimbursement:
o 1) obligation has prescribed
o 2) obligation has become illegal
 The obligation is extinguished; no more obligation to
comply with
 PRESCRIPTION – one acquires ownership and other rights
through the lapse of time in the manner and under the
conditions laid down by law; rights and actions are also lost
by prescription (ART. 1106)

ART. 1219 – REMISSION

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)

 If remission is made previous to the payment and payment

is made, solution indebitii arises; the debtor whose debt is
remitted has the burden to prove the priority of remission
to the payment to release him from responsibility towards
his co-debtors
 The creditor remitted is not release from his obligation to
his co-debtors.
 Purpose of provision: forestall fraud, whereby the debt
having been paid, the creditor remits the share of the
particular debtor; to protect the co-debtor who paid the
entire obligation
 The share of the insolvent debtor shall be borne by ALL his
co-debtors, in proportion to the debt of each; remission
only affects the share in the obligation and not to
responsibility to shoulder the insolvency of another
ART. 1220 – REIMBURSEMENT IN CASE OF REMISSION

The remission of the whole obligation, obtained by one of the

solidary debtors, does not entitle him to reimbursement from his
co-debtors. (n)

 Applies only when the remission covers the entire

obligation and is obtained by one of the solidary debtors
without spending anything for its grant
 The debtor who obtains remission pays nothing to the
creditor; essentially gratuitous
 PARTIAL REMISSION – solidary debtor who paid the
unremitted part of the obligation is entitled to
reimbursement with respect only to the amount he
actually paid

ART. 1221 – LOSS OF A THING OR IMPOSSIBILITY OF THE

PRESTATION

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)

EFFECTS:
1) Loss is without fault and before delay  obligation is
extinguished
2) Loss is due to fault on the part of a solidary debtor  all
will be liable because of mutual agency, without prejudice
to their action against the guilty or negligent solidary
debtor
3) Loss is without fault but there is delay  all will be liable
even for the fortuitous event, without prejudice to their
action against the guilty or negligent solidary debtor
  Obligation to deliver is converted into one of indemnity for
damages. Price or value of the thing or prestation due +
damages and interests.

RULE WHEN THE CREDITOR WAS PAID BY THE GUILTY OR

NEGLIGENT SOLIDARY DEBTOR
 The guilty solidary debtor cannot get any contribution
from his co-debtors because he caused the loss; he bears
all the consequences

**if the thing due was not lost but there is a delay, fraud, or
negligence on part of one solidary debtor  all will share in the
payment of principal prestation but the interests and damages
shall be shouldered alone by the erring debtor

ART. 1222—DEFENSES OF A SOLIDARY DEBTOR

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)

1) Defenses derived from the nature of the obligation

a. Fraud
b. Prescription
c. Remission
d. Illegality
e. Absence of consideration
f. Res judicata
g. Non-performance of a suspensive condition
h. Presence of vices of consent