obligation, but solidarity among creditors
Section 4-JOINT AND SOLIDARY
OBLIGATIONS
ARTICLE 1207.The agreement of two or more
creditors or debtors in the same obligation
does not mean that each of the creditor has the
right to demand, and each of the debtor is
obligated to give, complete compliance with the
prestation. Solidary liability exists only where
the obligation clearly says so, or when the law
or nature of the obligation demands it.
Article 1208.When there is no solidarity
obligation, the credit or debt is believed to be
distributed equally among the debtors and
creditors; the credits or debts being considered
distinct from one another, subject to the Rules
of Court governing multiplicity of suits (the total
number of complaints must equal the total
number of creditors and debtors).
 There's two types of obligations based
on the number of parties involved. (1)
Individual obligation, in which only one
obligor (debtor) and one obligee
(creditor) are involved; and (2)
Collective obligation, in which two or
more debtors and/or creditors are
involved. It might be solidary or joint.
 Joint obligation- Different
debtors and creditors must
fulfill/demand the entire obligation
proportionally.
 Solidary obligation- Each
debtor is responsible for fulfilling
the obligation, and creditors can
demand payment from any of the
debtors.
 There are many types of solidarity
depending on the parties and the
source.
 According to the parties, there
are three forms of solidarity: (1)
Passive- any one of the debtors
can be held responsible for the
full obligation's fulfillment; (2)
Active- every creditor has the
right to demand complete
fulfillment of the obligation; (3)
Mixed- each debtor is required to
render, and each creditor has the
right to demand.
 There are three types of
solidarity, according to the
source: (1) Conventional
solidarity is agreed upon by the
parties; (2) Legal solidarity is
enforced by law; (3) Real
solidarity is imposed by the
nature of the duty.
 Solidarity not presumed—When two or
more people are bound by the same
obligation, the obligation is presumed to
be joint. Solidary liabilities are extremely
onerous since they establish unusual
rights and responsibilities. Solidarity
among debtors increases their
increases each creditor's right. The law
favors the debtors by assuming that
they are obligated jointly rather than in
solidarity.
Article 1209. Because the prestation is
physically indivisible, compliance with the
obligation is indivisible. In terms of the debtor
and creditor's liability and rights, however, the
obligation is joint.
Article 1210. Solidarity is not always
generated by the indivisibility of a duty.
Solidarity does not entail indivisibility in and of
itself. In short, an indivisible obligation's
responsibility can be joint or solidary, and the
subject matter might be divided or indivisible in
a solidary obligation.
 Indivisible obligations or indivisibility (1)
refers to the prestation, (2) only the
obligor guilty of breach of obligation is
liable for damages in indivisible
obligations, (3) exists even if there is
only one debtor and one creditor, and
(4) other debtors are not liable in the
event of the insolvency of one.
However, in solidarity, (1) it refers to a
formal or juridical relationship, (2) all
debtors are accountable for a debtor's
breach of duty, (3) there must be at
least two debtors and two creditors, and
(4) other debtors are proportionally
liable for the insolvency of one debtor.
Article 1211. Solidarity may exist even though
creditors and debtors are not tied in the same
way, for the same duration, and under the
same conditions.
 According to the legal ties, there are two
types of solidary obligations. (1) Uniform
parties are bound by the same terms;
(2) non-uniform or varied parties are not
obligated by the same terms.
Article 1212. Each of the solidary creditors is
free to do whatever is beneficial to others, but
not when it is harmful to others.
 If he causes damage to others, his
obligation will be terminated, and he will
be held accountable for damages. The
act shall be legal and binding in the
eyes of the debtor(s). The notion of
mutual agency among solidary creditors
explains this.
Article 1213. Because each creditor
represents the others, a solidary creditor
cannot assign his right to a third party without
the permission of others. Another reason for
this is that the assignee (assigned person for
the creditor's right) may not have the original
solidary creditor's trust and may refuse to
distribute other creditors' shares. This article
implies that such assignment is invalid.
Article 1214. A debtor may pay to any of the
creditors in general; but, if one of the creditors
makes a demand (judicial or extrajudicial), the
debtor must pay to that creditor. The debtor is
still accountable for the creditor who made the
first demand if the debtor paid the other
creditor who did not demand and the latter
refuses to deliver the portion of the first creditor
who made a demand.
Article 1215. Novation, compensation,
confusion or remission of the debt.
 SOLIDARY OBLIGATION-The end of
an obligation is caused by novation,
compensation, confusion, and
remission. The creditor who carried out
any of these acts is accountable for the
share of those who were harmed as a
result of his or her actions.
 JOINT OBLIGATION- Novation,
compensation, confusion, and remission
do not cancel or alter an obligation
except with the creditor or debtor who is
affected, without extending their
operations to any other component of
the debt or credit.
Article 1216. Any one, part, or all of the
solidary debtors may be forced to pay the debt
if it has not been fully collected under a
solidary obligation. It is up to the solidary
creditor to decide who he would seek collection
against.
Article 1217. Effects of payment by solidary
debtor.
 The obligation ceases if one of the
solidary debtors pays. The creditor has
the ability to select from two or more
debtors who have offered to pay.
 After the debt is settled, the solidary
debtor who paid it may seek
reimbursement from his co-debtors for
their proportionate portions, plus interest
from the date of payment. He has no
right to claim interest if his co-debtors
paid before the debt was due.
 If one of the borrowers becomes
bankrupt and is unable to repay his part
of the debt to the solidary debtor who
paid it, the debt shall be reimbursed
proportionally by the other debtors.
Article 1218. If the payment was made after
the obligation was prescribed or become
illegal, the solidary debtor who paid the debt
has no right to seek repayment from his co-
debtors.
Article 1219. The remission has no effect if the
payment was paid first. There is no longer any
duty to remit, although the debtor may prove
that he paid before remission. If the payment is
paid after the remission, however, solution
indebiti occurs.
Article 1220. One of the solidary debtors'
remission of the whole obligation does not
entitle him to restitution from his co-debtors.
- Remission is essentially gratuitous (you
expect nothing in return).
- This is applicable only when
remission is for the whole obligation.
- In the case of novation, compensation,
or confusion, the debtor with whom it is
accomplished is entitled to collect the
appropriate portions of the obligation
from his co-debtors.
Article 1221. General rule: The obligation
will be terminated if the item is lost or if the
performance has become impracticable.
Rules in case thing has been lost or
prestation has become impossible-
depends upod fault and delay.
 If the loss of the item is not due to the
debtor's fault and they have not been
delayed, the obligation will be
discharged.
 Any delay caused by one solidary
debtor is the fault or delay of all solidary
debtors. As a result, if the item is lost
due to the negligence of the solidary
debtor, they are all responsible for the
item's price plus damages. If the co-
debtors contributed to the payment, they
may request repayment for the guilty
debtor. The culpable debtor has no right
to seek restitution from his co-debtors if
he has fully paid the price and damages.
However, the guilty debtor alone may
pay for damages and interests.
 If the thing was lost without the fault of
one solidary debtor but after delay, all of
the solidary debtor may be responsible
even for a fortuitous event. The
obligation is not extinguished.
Article 122. Defenses available to a
solidary debtor.
 A defense derived from the nature of
the obligation is a complete defense
because it nullifies the obligation or
renders it ineffective.
 Defenses personal to, or which
pertain to share of, debtor sued.
 Defenses personal to other solidary
debtors.