Art. 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. Solidarity despite different terms
or conditions:
1.Uniform- when the debtors are bound by the same stipulations and clauses2.Otherwisewhere the obligors though liable for the same prestation, are nevertheless not subject to the
same secondary stipulations and clauses.
Art. 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. Prejudicial Acts:
should not be performed, otherwise, there will be liability for damages. However, in the case
of rescission or condonation(which is really prejudicial, the solidary creditor is allowed to so
remit, and the obligation is extinguished, without prejudice to his liability to other creditors.
Art. 1213. A solidary creditor cannot assign his rights without the consent of the others. Nonassignment of rights by Solidary Creditor:
General rule:
solidary creditor cannot assign his rights.
Exception:
if all the others consent.
Reason:
essentially, a solidary obligation implies mutual agency and mutual confidence. Should the
assignee or substitute do acts which would prejudice the others, there is no doubt that the
other creditors rights are endangered, hence, the necessity of their consent.
Art. 1214.The debtor may pay any one of solidary creditors; but if any demand, judicial or
extrajudicial, has been made by one of them, payment should be made to him. To Whom
Debtor Must Pay:
1.To any of the solidary creditors2.Exception: payment must be made to solidary creditor
who made a demand(judicial or extrajudicial).

Q: What is Mutual Agency?

- It is the principle that governs the
relationship existing among the
creditors only in a Solidary Obligation.
- It means that one of the Solidary
Creditors acts also in behalf of his cocreditors
and each of the Solidary
Creditors is an agent of each other.
Q: What is the basis of the obligation of the
Solidary Debtors to pay the full amount of
their obligation? [mutual agency]
- The principle of mutual agency
governs the relationship existing
between the solidary debtors.
- Each solidary debtors binds himself to
pay not only his share but the entire
debt.
Q: When does the principle of Mutual Agency
begins and when does it end?
- Mutual Agency in Active Solidarity
begins from the moment of the
perfection of the obligation.
- It ends either:
o 1. Upon payment of the
obligation

o 2. When demand is made by

anyone of the solidary creditors.
Note: Illustration of how Mutual Agency
begins.
Note: Illustration of how Mutual Agency ends.
Q: Why does demand put an end to Mutual
Agency?
- The moment one of the solidary
creditors made a demand upon
anyone of the solidary debtors.
- Because the debtor who receives the
demand cannot pay to any other
creditors who did not made the
demand.
- The debtor who receives the demand
can pay only to the creditor who made
the demand.
- Paying the creditor who did not make
the demand means paying a 3rd
person.
- Because the moment demand was
made by one of the Solidary Creditors,
Page 2 of 5
OBLIGATIONS AND CONRACTS Finals
R.A. 2010-2011
ABCXYZ
A, B, C binds
themselves solidarily
in favor of X, Y, Z
***From the moment of
the perfection of the
obligation, Mutual Agency
begins to govern the
relationship among the
solidary creditors.
ABCXYZ
How does it end?
1. When anyone from A, B, C pays
anyone from X, Y, Z. (the obligation
is extinguished)
2. When anyone of from X, Y, Z made a

Bawat isa sa mga pinagbuklod na may mga pautang ay maaaring gumawa ng may
pakinabang sa iba, ngunit hindi lahat na maaaring makasama sa iba nilang kasama.

Pagpuna:
Ang pinagsamasamang nagpapautang ay consipto na kaparihong antas ng
pananagutan at pakinabang
DISCUSSION BY BONG REYES
Beneficial Acts of Solidary Creditors
All creditors may perform acts that will benefit each other. They may help each
other to have more gains and built up their relationship in good standing.
Prejudicial Acts of Solidary Creditors
If one or more of the member performs acts that will have bad effects, lost of profit
or may harm the good standing he will be liable to his co-creditors.
Article 1213
JANUARY 3, 2015 / JAIME ROBILLON
Sa mga pinagsamasamang mga nagpapautang, hindi nila maaaring ibigay o ipasa
sa iba ang kanyang mga karapatan ng walang pahintulot ang iba pang
nagpapautang o mamumuhonan. At kong walang pahintulot ang isa sa may ari ng
pinagsama samang puhunan ang pagbibigay sa iba ng kanyang mga karapatan ay
walang bisa.
Paala-ala wala kaso naka saad ang artikulong ito