SECTION 4.
JOINT AND SOLIDARY OBLIGATIONS
Kinds of Obligations according to the number of
parties:
1. Individual Obligations- one where there is
only one obligor or one obligee
2. Collective Obligations- one where there are
two or more debtors and/or two or more
creditors. It may be joint or solidary.
ART. 1207. The concurrence of two or more
creditors or 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. (1137a)
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.
There is Solidary liability when:
1. the obligation expressly so states; or
2. the law requires solidarity; or
3. the nature of the obligation requires solidarity.
It also exists when it is imposed in a final
judgement against several defendants.
-Words used to indicate solidarity are: jointly and/or
severally; solidaria; in solidum; together and/or
separately; individually and/or collectively; juntos o
separadamente; “I promise to pay” signed by two or
more persons.
KINDS OF SOLIDARITY
1. According to the parties bound:
a. Passive Solidarity- solidarity on the part of the
debtors where one of them can be made liable
for the fulfillment of the entire obligation. It is in
the nature of a mutual guaranty
b. Active Solidarity- solidarity on the part of the
creditors where any one of them can demand
the fulfillment of the entire obligation.
c. Mixed Solidarity- solidarity on the part of the
debtors and creditors, where each one of the
debtors is liable to render and each one of the
creditors has a right to demand, entire
compliance with the obligation.
2. According to source:
a. Conventional Solidarity- solidarity is agreed
upon by the parties
b. Legal Solidarity- solidarity is imposed by the
law
c. Real Solidarity- solidarity is imposed by the
nature of the obligation
ART. 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 equal 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)
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.
-Also known as mancomunada;
mancomunadamente; pro rata; proportionately; “we
promise to pay” signed by two or more persons
Collective Obligation presumed to be Joint
(1) If A is liable to B for P9,000, there can be no
problem regarding the determination of the
following:
a. the person liable to pay;
b. the person entitled to demand payment;
c. the extent of the liability of the debtor;
d. the extent of the right of the creditor
(2) Where there is a plurality (2 or more debtors and
2 or more creditors) and the share of each in the
obligation is specified, the correlative rights and
obligations of the parties are known
Thus, if A, B, C are liable to D in the amount of
P9, 000. Each debtor are liable only for P3,000. D
is not entitled to collect from each debtor more than
their corresponding share in the obligation.
(3) On the other hand, let us suppose that in the same
obligation, the share of each debtor (creditor) is
not specified. What is the extent of the liability of
A, B and C? In such case, the presumption is that
the obligation is joint (Arts. 1207-1208) and as a
consequence:
a. There are as many debts as there are
debtors;
 SECTION 4. JOINT AND SOLIDARY OBLIGATIONS
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;
e. Each creditor is entitled only to a
proportionate part of the credit.
The presumption established in Art 1208 is,
however, rebuttable.
ART. 1209. 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)
It is Joint because the parties are
proportionately liable and Indivisible because the
object or subject matter is not physically divisible into
different parts. In other words, it is joint as to liabilities
of the debtors or rights of creditors but indivisible as
to compliance.
ART. 1210. The indivisibility of an obligation does
not necessarily give rise to solidarity. Nor does
solidarity of itself imply indivisibility. (n)
INDIVISIBILITY and SOLIDARITY distinguished.
(1) Indivisibility refers to the prestation, while solidarity
refers to the juridical or legal tie that binds ties;
(2) In Indivisible obligations, only the debtor guilty of
breach of obligation is liable for damages while in
solidary obligations, all of the debtors are liable for
the breach of obligation committed by a debtor;
(3) Indivisibility can exist although there is only one
debtor and one creditor, while in solidarity, there
must be at least two debtors or two creditors; and
(4) In Indivisible obligations, the others are not liable
in case of insolvency of one debtor while in
solidary obligations, the other debtors are
proportionately liable.
1st Sentence: the liability in an indivisible obligation
may be either joint or solidary.
2nd Sentence: In a solidary obligation, the subject
matter may be divisible or indivisible.
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. (1140)
Kinds of Solidary Obligations according to the legal
tie:
(1) Uniform- when the parties are bound by the same
stipulations; or
(2) Non-uniform or varied- when the parties are not
subject to the same stipulations.
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.
(1141)
*A solidary creditor may do any act beneficial or
useful to the others but he cannot perform any act
prejudicial to them. If he performs such act and as a
result the obligation is extinguished, he shall be
responsible to the others for damages.
*The rule is based on the theory of mutual agency
(right of one to act for and in the name of the others)
among the solidary creditors.
ART. 1213. A solidary creditor cannot assign his
rights without the consent of the others. (n)
*In the absence of consent given by the others, a
solidary creditor cannot assign his rights to a third
person. The reason behind this prohibition is that
each creditor represents the others and the assignee
may not have the confidence of the original solidary
creditors considering that the assignee after receiving
payment may not give the shares of the others.
*If the assignment is made to a co-creditor, the
consent of the other creditors is not necessary.
ART. 1214. 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. (1142)
*The provision here is the rule, otherwise, the
obligation will not be extinguished except insofar as
the creditor payee’s share is concerned in case the
latter does not give to the other creditors their shares
in payments.
ART. 1215. Novation, compensation, confusion or
remission of the debt, made by any of the solidary
creditors or with any of the solidary debtors, shall
 SECTION 4. JOINT AND SOLIDARY OBLIGATIONS
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)
*Novation, compensation, confusion and remission
are modes or causes of extinguishment of obligations
*The creditor who executed of these acts should be
liable to the others for their corresponding shares
considering that such acts are prejudicial to them.
*In Joint Obligation, these acts does not extinguish
the obligation except with respect to the creditor or
debtor affected, without extending its operation to any
other part of the debt or of the credit.
ART. 1216. 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)
*This is not applicable to a joint obligation. It reiterates
the rule that in a solidary obligation (passive
solidarity), any one or some or all of the solidary
debtors simultaneously, may be made to pay the debt
so long as it has not been fully collected.
*The choice is left to solidary creditor to determine
against whom he will enforce collection.
ART. 1217. 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. (1145)
Effects of payment by a solidary debtor:
(1) Between the solidary debtors and creditors-
payment made by one of the solidary debtors
extinguishes the obligation.
(2) Among the solidary debtors- after payment of the
debt, the paying solidary debtor can demand
reimbursement from his co-debtors for their
proportionate shares with (legal) interest only from the
time of payment
(3) Among the solidary creditors- the receiving
creditor is jointly liable to the others for their
corresponding shares.
ART. 1218. 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)
*When the obligation has already prescribed or
become illegal, the obligation is extinguished. Hence,
there is no more obligation to be complied with.
*Prescription- mode of acquiring ownership and other
rights through the lapse of time in the manner and
under the conditions laid down by law.
The following actions must be brought within
10 years from the time the right of action accrues:
(1) Upon a written contract;
(2) Upon an obligation created by law;
(3) Upon a judgment;
The following actions must be commenced
within six years:
(1) Upon an oral contract;
(2) Upon a quasi-contract;
The following actions must be instituted
within four years:
1) Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
ART. 1219. 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. (1146)
*If payment is made first, the remission or waiver is of
no effect.
*If remission is made previous to the payment and
payment is made, solutio indebiti arises.
 SECTION 4. JOINT AND SOLIDARY OBLIGATIONS

ART. 1220. The remission of the whole obligation (1) Defenses derived from the nature of the obligation
obtained by one of the solidary debtors, does not
entitle him to reimbursement from his co-debtors. (2) Defenses personal to, or which pertain to share of,
(n) debtor sued.

*No right to reimbursement in case of remission (3) Defenses personal to other solidary debtors
because the debtor who obtains remission pays
nothing to the creditor.

REMISSION- essentially gratuitous; “donation”

*In case of Novation, compensation or confusion, the

debtor with whom it is effected is entitled to recover
from his co-debtors their corresponding shares of the
obligation.

ART. 1221. 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. (1147)

Rules in case thing has been lost or

prestation has become impossible:

(1) Loss is without fault and before delay

(2) Loss is due to fault on the part of a solidary debtor

(3) Loss is without fault but after delay

ART. 1222. 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. (1148)

In actions filed by the creditor, a solidary

debtor may avail himself of the following defenses: