Jointly liable debtors and solidary creditors, and vice
versa:
Art. 1207
Joint Obligation, defined
• Each obligor only answers for a part of the
whole liability and to each obligee belongs
only a part of the correlative right.
• “To each his own”
Examples:
• A, B, C and D are jointly liable for P1,000,000 to
E. E may only demand P250,000.00 from each
debtor. (1,000,000/4 debtors)
• A, B, C and D are jointly liable to E and F who
are joint creditors. E may demand P125,000.00
from each debtor. F has the same right as E.
(P1,000,000.00/8)
Solidary Obligation, defined
• relationship between an active and passive
subject is so close that each of the former or
the latter may demand the fulfillment of or
must comply with the obligation.
• “One for all. All for one.”
Examples:
• A, B, C and D are solidarily liable to E for
P1,000,000.00. E may demand for the full
amount of the obligation from any of the debtors
(i.e.: E may demand from A, B, C or D) and the
other debtors shall reimburse the debtor who
paid for the full amount of the obligation with
their respective shares of the obligation.
• A, B, C and D are solidarily liable to E and F who
are likewise solidary creditors. E or F may
demand for the whole payment of the obligation
from any of the debtors. (i.e.: E or F may
demand from A, B, C or D) and the debtors shall
reimburse the debtor who paid the full amount of
the obligation.
GENERAL RULE
When there are TWO OR MORE DEBTORS or TWO OR
MORE CREDITORS, absent any stipulations in the
contract, the obligation is JOINT.
EXCEPTIONS:
1. When there is a stipulation in the contract
2. When the nature of the obligation requires
liability to be solidary
3. When the law declares the obligation to be
solidary
a. Obligations arising from tort (damages)
b. Obligations arising from quasi-contracts
c. Legal provisions regarding the
obligations of devisees and legatees
d. Liability of principals, accomplices and
accessories in a felony/delict
e. bailees in commudatum
1. A, B, C and D are jointly liable to E and F who
are solidary creditors the amount of P1,000,000.
E or F (NOT E and F) may demand the payment
of P250,000 from each debtor. E shall then
provide F his share of the proceeds.
2. A, B, C and D are solidarily liable to E and F who
are joint creditors for the amount of P1,000,000.
E and F may only demand from A, B, C or D the
amount of P500,000.00. The other debtors shall
then reimburse the debtor who paid the full
amount of the obligation (respective to the
demands of each of the joint creditor)
Art. 1208
Presumption of Joint Liability
As a general rule, when there are two or more debtors or
two or more creditors, the obligation is joint and as a
consequence:
1. The debt shall be divided into as many shares
as there are creditors or debtors
2. The credits or debts shall be DISTINCT from
each other. However, regarding the bringing
of action in court, the Rules of Court
governing the multiplicity of suits shall be
followed.
“Shall be divided into as many shares as there are
creditors or debtors”
In joint obligations, the different shares of the debt or
credit are considered DISTINCT from each other.
Example:
A and B is jointly liable to C for P1,000,000. A became
insolvent. How much is B’s obligation to C?
YES. B is liable to C in the amount of P500,000 since
the two debts (A’s debt and B’s debt) are considered
DISTINCT from each other.
“Regarding the bringing of action in court, the Rules of
Court governing the multiplicity of suits shall be followed”
We have already established that the debts or credits
arising from the obligation is considered DISTINCT from
each other. It follows then that a creditor may sue a
debtor for his/her share of the obligation, but in view of
the fact that the Rules of Court aims to obtain a just,
speedy and inexpensive determination of every
action or proceeding it would be much better to sue
ALL THE NECESSARY PARTIES AT THE SAME
TIME.
Synonymous terms Example to better illustrate Art. 1209:
Joint Obligation:
• mancomunada A, B, C are jointly liable to give a car to D, E and F who
• mancomunada simple are joint creditors. The car is worth P 1,200,000.
• proportionate
• pro rata *This obligation involves a joint indivisible obligation
• “We promise to pay” when there are two or more since: (1) it is a joint obligation and (2) the object (car) in
signatures this obligation is indivisible.

Solidary Obligation: A is insolvent; therefore, the debtors are unable to

• joint and several purchase a car to give to the creditors. E renounced his
• in solidum rights to the obligation.
• mancomunada solidaria
*What happens now is the obligation is converted into an
• juntos o separadamente
obligation to give indemnity for damages. Computation
• individually and collectively are as follows:
• each will pay the whole value
• “I promise to pay” when there are two or more 1,200,000/ 3 debtors = 400,000 liability for each debtor
signatures
400,000/2 creditors = each creditor can claim 200,000
Liability in partnerships from each debtor (i.e.: D can claim 200K from B; F can
General rules: claim 200K from B) and both D and E have creditor’s
• If it came from a contract, the liability is joint rights over an insolvent debtor over A.
o Exception: If dependents of an
employee claim compensation for an Since E renounced his rights to the obligation, E can no
employee’s death the liability is solidary longer gain anything from the obligation.
(Liwanag v. WCC)
• If it arose from a crime or a quasi-delict the Art. 1210
liability is solidary Gist:
Indivisibility does not automatically presume that the
Agent Joint liability unless it is obligation is solidary nor does a solidary obligation
stipulated to be solidary automatically presume that the obligation is indivisible.
Co-principals Solidary
After exhaustion of Indivisibility – of the subject matter/prestation (i.e.: car,
Husband and Wife conjugal properties, joint pencil, etc.)
liability to creditors Solidary – pertains to the tie between the parties (i.e.:
Violators of Art. 19-22 of Solidary solidary creditors/ solidary debtors)
Civil Code
Kinds of obligations as to divisibility:
Primary and Solidary 1. Joint divisible obligation
a. A, B and C are jointly liable to D for
Employer’s Liability for If injured party does not P1,000,000.00
the Tortious Acts of appeal the court’s 2. Joint indivisible obligation
Employee erroneous decision a. A, B and C are jointly liable to give this
holding the employer to car to D
be merely subsidiarily 3. Solidary divisible obligation
liable, the same becomes a. A, B and C are solidarily liable to D for
res judicata P1,000,000.00
4. Solidary indivisible obligation
Art. 1209 a. A, B and C are solidarily liable to give
This article pertains to joint obligations with an this car to D
indivisible object or prestation.
Kinds of solidary obligations:
Example: As to parties:
A and B is jointly liable to give C a car. 1. Active solidarity – creditors are solidary
2. Passive solidarity – debtors are solidary
This type of obligation is midway between a joint 3. Mixed solidarity – either the creditors or debtors
obligation and a solidary obligation. It is joint in that: are solidary
1. No creditor can do an act prejudicial to the other As to method:
joint creditors 4. Conventional solidarity – agreed by the parties
2. No debtor can be made to answer for the and stipulated in contract
obligation of the other joint debtors 5. Legal solidarity – imposed by law
Art. 1211
This article pertains to solidary obligations that are
subject to different terms and conditions.
Illustration:
A and B bound themselves to pay in solidum to C, D, E
and F the amount of P1,000,000.00, subject to the
following conditions:
• C pass the bar
• D paints the house of F
*In this case, E and F may each claim P250,000 from
either A or B. C and D can only claim their share
(P250,000 each) upon the satisfaction of the agreed
conditions.
A, B, C and D bound themselves to pay in solidum to X
the sum of P1,000,000 subject to the following
conditions:
• A will pay on 2005
• B will pay on 2006
• C to pay when he passes the bar
• D to pay when he finishes repairing Z’s house
*On 2005, X can claim from any of the debtors A’s share
(P250,000).
*When D finishes repairing Z’s house, X can claim from
any of the debtors D’s share of the obligation.
Art. 1212
Creditors may do whatever is beneficial to the other co-
creditors but not prejudicial to the others.
Example of Beneficial Act:
To interrupt the running of prescription by suing a
solidary liable debtor.
Example of a prejudicial act:
Anything that should not be performed, otherwise, there
will be a liability for damages
Art. 1213
A solidary creditor CANNOT assign his rights without the
consent of his co-creditors.
General Rule
A solidary creditor cannot assign his rights
Exception:
When his/her co-creditors consent to the assignment
The reason for this rule is that a solidary obligation
implies mutual agency and mutual confidence. Should
the assignee do any acts that are prejudicial to the other
creditors, their rights are endangered—hence, the
necessity of their consent.
Art. 1214
This article pertains to whom a debtor may pay
whenever a demand has been made by a creditor—be it
judicial or extrajudicial. This article only applies to
solidary obligations.
General rule:
In solidary obligations, debtor may pay any of the
solidary creditors the full amount of the obligation, or in
cases of solidary obligations subject to different terms
and conditions, the share that is due and demandable.
Exception:
When a solidary creditor has made a demand—be it
judicial or extrajudicial—then any of the debtor must
make the payment to the demanding solidary creditor.
Illustrations:
A and B are solidarily liable to C, D and E, solidary
creditors, for the amount of P1,000,000. C makes a
judicial demand for payment. Can A pay D the full
amount instead?
*No. In this case, C makes the demand so the full
payment must be made to him instead.
A and B are solidarily liable to C, D and E, solidary
creditors, for the amount of P1,000,000. C makes an
extrajudicial demand for payment upon A who does not
pay. Can D and E sue A?
*Yes. In this case, C’s inaction may cause prejudice to
the other solidary creditors. The law should not be
construed as to effect an absurdity. We cannot expect D
and E to stand idly by since C does not institute a judicial
action.
Art. 1215
Novation, compensation, confusion or remission of the
debt, made by any creditor with any debtor shall
extinguish the obligation, without prejudice to the
provisions of Art. 1219. Creditor who executed any of
these acts is liable to other co-creditors for the share
in the obligation corresponding to them.
Terms, defined:
Novation – modification of an obligation by changing its
object or principal conditions, or by substituting the
person of the debtor, or by subrogating the person of the
debtor, or subrogating a third person in the rights of the
creditor.
Example:
A and B are solidarily liable to X and Y who are solidary
creditors for the amount of P1,000,000. A and X agreed
to have A paint X’s house instead.
*The obligation to pay P1,000,000 is extinguished in this
case and a new obligation (obligation to paint X’s house)
has arisen. If B did not consent to this, he is NOT
BOUND in any way to X and Y and is only obliged to
give A up to where he has benefitted. On the creditors
side, if Y did not consent to the novation, X must
reimburse Y for his share of the obligation—in this case
P500,000.
Extension of time:
Only applies to the party who is expressly stated to
benefit from such.
Illustration:
A and B are solidarily liable to C and D who are solidary
creditors for the amount of P1,000,000. A is granted an
extension of time until the end of 2020. Before 2020
ends, can C demand payment from B?
*Yes. B is not covered by the time extension so C or D
may demand for the payment of B’s share of P500,000.
However, by the end of 2020, C or D may demand B for
the payment of A’s share of P500,000. This is a solidary
liability after all.
Compensation – takes place when two persons are
creditors and debtors of each other.
a. Total Compensation
b. Partial Compensation
Illustration:
Total Compensation:
A and B are solidarily liable to C and D the amount of
P1,000,000. However, C is liable to A for P1,000,000 as
well.
*In this case, the obligation is automatically extinguished
by virtue of total compensation. Since it was A’s credit
that caused the extinguishment of the obligation, B
should not take the full compensation. B is obliged to
give A his share of the liability (P500,000). Likewise, so
as not to prejudice D, C is obliged to give D his share
(P500,000)
Partial Compensation
A and B are solidarily liable to C and D the amount of
P1,000,000. However, C is liable to A for P800,000. The
obligation is still subsisting—the debtors are now
obligated to pay P200,000.
Confusion/Merger – takes place when the characters of
the creditor and debtor are merged in the same person.
Remission/Waiver – takes place when the creditor
condones the entire obligation. As an effect, the entire
obligation is extinguished. In case of solidary creditors,
the creditor who waived the entire obligation is now
obliged to give his co-creditor(s) their share in the
obligation.
a. Total waiver
b. Partial waiver
Illustration:
A and B are solidarily liable to C and D for the amount of
P1,000,000. C tells A that he is waiving the entire
obligation.
*The obligation is extinguished. C is liable to give D his
share in the obligation (P500,000).
Art. 1216
This article pertains to which debtor the creditor may
proceed against in cases of solidary obligations.
The creditor may proceed against any, some or all of the
debtors—simultaneously. The judicial demand against
one of the solidary debtors shall not be an obstacle to
future proceedings against the other debtors in the
future, provided the obligation has not been fully
satisfied.
Illustration:
A, B and C are solidarily liable to D and E for the amount
of P300,000.
The creditor may proceed/demand against:
1. Any of the debtors (A, B or C)
2. Some of the debtors (A and B, or B and C, or A
and C)
3. All of the debtors (A, B and C)
In case the creditor decides to proceed against any one
of the debtors or some of the debtors, the remaining
debtors not yet proceeded against, are not waived. They
can still be subject of a judicial demand provided that
the obligation has not been fully satisfied.
Art. 1217
Payment by any of the solidary creditors of the full
amount of the obligation extinguishes the obligation. If
two or more debtors offer to pay, the creditor may
choose which offer to accept.
He who made the payment may claim from his co-
debtors their respective share of the obligation. If
payment is made before due date, NO INTEREST MAY
BE DEMANDED. (refunds clause) The right for
reimbursement only occurs AFTER PAYMENT HAS
BEEN MADE.
When one of the debtors cannot reimburse his co-
creditors of his share due to insolvency, such share
shall be absorbed by his co-creditors in proportion to
the debts of each. The nature of liability of
reimbursement is joint, but not the ordinary joint
obligation, since when one cannot reimburse due to
insolvency, his share is shouldered by his co-debtors.
Payment, defined
Payment consist in the delivery of the thing or rendition
of the service which is the object of the obligation
Art. 1218
This article pertains to payment of an obligation that has
already prescribed or is declared illegal. Payment for
obligations of the aforementioned natures shall NOT
entitle the payor for reimbursement from his co-debtors.
This article only applies to solidary obligations.
Payment of prescribed debt
Illustration:
A, B and C are solidarily liable to pay D P1,000,000. The
obligation has prescribed. A feeling morally obliged to
pay D, did so and paid the entire amount of P1,000,000.
*In this case, A do not have a right for reimbursement
pursuant to the provisions of Art. 1218. A also cannot
reclaim the amount from C pursuant to Art. 1424 of the
Civil Code.
*In case, A did not know that the obligation has
prescribed, he may reclaim the said amount from C on
the grounds of solutio indebiti (unjust enrichment)
Payment of illegal obligations
A, B and C are solidarily liable to pay D P1,000,000 for
some prescription drugs. A law was then passed
banning the sale of such prescription drugs.
*Since it is now an illegal obligation, A no longer has a
right for reimbursement pursuant to Art. 1218.
Art. 1219
This article pertains to remission of the obligation of one
of the debtors. This act DOES NOT remove his
responsibility of reimbursing the paying debtor in case
the said debt was paid BEFORE the remission. Since
payment extinguishes the obligation, there is nothing to
remit.
This article applies only to solidary obligations.
Illustration:
A, B and C are solidarily liable to D for P1,200,000. D
remitted C’s share then A only paid P800,000. Can A be
reimbursed for the shares of B and C?
*A can only be reimbursed with B’s share (400,000)
since C’s obligation was remitted before the payment of
A. However, should B be insolvent, C must shoulder B’s
share of the obligation and should reimburse A of B’s
share.
Art. 1220
When the entire obligation has been remitted before one
of the solidary debtor has paid such, the debtor shall
have no right of reimbursement from his co-debtor.
Since there was no payment, what’s there to reimburse?
Art. 1221
Lost without fault of solidary debtors
• The obligation is extinguished
Lost due to fault of any of the solidary debtors
• The solidary debtors shall be liable for the price
of the thing lost plus damages and interest
Lost due to fortuitous event but after a solidary debtor
defaulted
• The solidary debtors shall be liable for the price
of the thing lost plus damages and interest.
However, those who did not have any hand in
the default, can demand reimbursement from the
defaulting solidary debtor
Art. 1222
This article pertains to actions filed by the creditor.
Kinds of defenses available to solidary debtors:
1. Those derived from the nature of the obligation
(complete defense)
a. lack of cause
b. absolute simulation
c. illegal consideration
d. extinguishment of the obligation
e. non-fulfillment of the suspensive
condition
f. Statute of Frauds
g. when ALL debtors are incapacitated to
give consent
h. when ALL debtors were forced or
intimidated (vitiated consent)
2. Those personal to the debtor sued
a. Vitiated consent-Complete
b. Incapacity to give consent-Complete
c. Non-fulfillment of condition imposed-
Partial
d. Non-arrival of term-Partial
3. Those personal to other co-debtors
a. Same as (2)
Illustration:
A, B, C and D are solidary debtors to X for P1,000,000.
1. If A’s consent was acquired through intimidation,
what are the solidary debtors’ defenses?
a. A= complete defense, not liable
b. B=partial defense, liable for P750,000
c. C=partial defense, liable for P750,000
d. D=partial defense, liable for P750,000