Reg 1: Joint and Solidary Obligations

Ø each debtor is liable only for a proportionate part of the

debt, and each creditor is entitled to demand only a
proportionate part of the credit
§ Other Terms:
1. Proportionately
2. Pro-rata
3. Mancomunada
4. Mancomunada simple

Reg 1: Joint and Solidary Obligations

 ØAnita and Benita are indebted to Xyrille for
P 50,000. How much will Anita pay Xyrille?

50000/2/1 = 25,000

ØA owes X and Y P 5,000. How much can Y

collect from A?

5,000/2/1 = 2,500
Reg 1: Joint and Solidary Obligations
 Ø each debtor is liable for the whole obligation, and each
creditor is entitled to demand payment of the whole
obligation
§ Kinds of Solidary Obligation
1. Passive solidarity – solidarity on part of the debtors
2. Active solidarity - solidarity on part of the creditors
3. Mixed solidarity - solidarity on part of BOTH the debtors
and the creditors

Reg 1: Joint and Solidary Obligations

 ØA and B, solidary debtors, are indebted to X for
P50,000.
ØA owes X and Y, solidary creditors, P12,000.
ØA and B, solidary creditors, owes X and Y,
solidary creditors, P20,000.

Reg 1: Joint and Solidary Obligations

§ Other Terms:
1. Jointly and severally
2. Individually and collectively
3. In solidum
4. Mancomunada solidaria
5. Juntos o separadamente

Reg 1: Joint and Solidary Obligations

§ GEN. RULE: The obligation is presumed to be joint. There is only
solidarity in the following cases:
1. When the obligation expressly so states
2. When the law requires solidarity
3. When the nature of the obligation requires solidarity

Reg 1: Joint and Solidary Obligations

 A, B and C are obliged to give X, Y and
Z P 36,000. How many distinct debts
are there?

36,000/3/3

Reg 1: Joint and Solidary Obligations

 Amy, Bernie and Penny are obliged to give
Sheldon, Leonard, Howard and Raj, solidary
creditors, Php 24,000.
• How much may Sheldon collect?
ANS: P 24,000

• How much may Sheldon collect from each debtor?

ANS: P 8,000

Reg 1: Joint and Solidary Obligations

 X, Y and Z, solidary debtors, are obliged
to give A, B and C P 18,000.

• How much may X be held liable?

ANS: P 18,000

• How much B may collect from Z?

ANS: P 6,000

Reg 1: Joint and Solidary Obligations

A and B owe X and Y P 10,000. The share of A in the
debt is 40%. The share of X in the credit is 70%.

• How much may X collect from A? from B?

ANS: 10K * 70% * 40% = P 2800 - A
10K* 70% * 60% = P 4200 – B

• How much may Y collect from A? from B?

ANS: 10K * 30% * 40% = P 1,200 - A
10K * 30% * 60% = P 1,800 - B

Reg 1: Joint and Solidary Obligations

 A and B are solidary debtors of X and Y,
solidary creditors, in the amount of P 20,000.
1. If X renounces or remits the whole obligation without the consent of Y,
will the obligation be extinguished? (Art. 1215, 1212)

2. Suppose the remission of the whole obligation was obtained by A, may

A demand reimbursement from B? (Art. 1220)

3. Suppose that X renounces or remits A’s share amounting to P 10,000.

However, it turned out that B already paid P 20,000 to Y two days
before. May B still collect P 10,000 from A representing A’s share? (Art.
1219)

Reg 1: Joint and Solidary Obligations

 A is indebted to X, Y and Z, solidary creditors,
for P 30,000. Suppose X demands payment
against A, whom shall A pay? (Art. 1214)

Reg 1: Joint and Solidary Obligations

 A, B and C, solidary debtors, borrowed P
30,000 from X. The obligation is evidenced in a
promissory note signed by the debtors.
1. X demands payment from A. However, A pays only P 12,000. May X
proceed to B and/or C? (Art. 1216)
2. If A pays P 30,000, what are the rights of A? (Art. 1217)
3. A pays X P 30,000. However, C has become insolvent. How much
may A demand from B as reimbursement? (Art. 1217)
4. If A pays X P 30,000 more than 10 years after the note had
become due, can he still demand reimbursement from B and C?
(Art. 1218)

Reg 1: Joint and Solidary Obligations

 A, B, C, and D are liable jointly and
severally to X for the delivery of a specific
ring valued at P 20,000.
CASE 1: The ring was lost through a fortuitous event. Are
the debtors liable? (Art. 1221)

CASE 2: The ring was lost through B’s fault. Are all the
debtors liable? (Art. 1221)

Reg 1: Joint and Solidary Obligations

 On September 12, 2020, A, B and C are
solidarily liable to X for P9,000. The parties
stipulated that the share of A is payable
on demand; the share of B on Christmas
Day (December 25, 2020) and the share of
C, after Z’s birthday (January 12, 2021).

Reg 1: Joint and Solidary Obligations

 1. Payment or performance 8. Rescission
2. Loss of the thing due 9. Fulfillment of resolutory
3. Condonation or remission of
condition
debt 10. Prescription
4. Confusion or merger of rights 11. Other cases
5. Compensation
6. Novation
7. Annulment

Reg 1: Joint and Solidary Obligations