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. (1141a)

Act of solidary creditor useful/ prejudicial to others.

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. As far as the debtor or debtors are concerned, the act shall be
valid and binding.

The rule is based on the theory of mutual agency (i.e., right of one to act for and in the name of the
others) among the solidary creditors.

EXAMPLE:

A owes B and C, solidary creditors, the sum of P10, 000. B may make a demand for the payment of the
obligation for this will benefit C. Under the law, the prescription of action is interrupted when they are
filed before the court. (Art. 1155.) So also, if B collects from A, C will be benefited.

In case of remission or condonation effected by B, the obligation will be extinguished but since C cannot
be prejudiced by the remission, B has to reimburse C for the latter's share. (Art. 1215.)

ART. 1213. A solidary creditor cannot assign his rights without the consent of the others. (n)

Assignment by solidary creditor of his rights.

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. (See Art. 1178.)

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. (1142a)

Payment to any of the solidary creditors.

The rule is that the debtor may pay any one of the solidary creditors. But when a demand, judicial or
extrajudicial, has been made by one of them, to avoid confusion, as well as prejudice to the more
diligent creditor, payment should be made to him; 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 the payments.

Article 1214 is applicable not only in cases of active solidarity but also where the solidarity is mixed
although the singular "debtor" is employed in case of mixed solidarity, the debtor upon whom no
demand has been made, may pay any one of the solidary creditors.
EXAMPLE:

A is liable to pay B and C, solidary creditors, P10, 000. In this case, A may pay either B or C but if a
demand, judicial or extrajudicial, is made by B, payment should be made to B.

If A, nevertheless, paid C P10,000, B is still entitled to his share from A in case C does not turn over to B
the latter's share. If B and C demanded payment at the same time, A may pay either of them.

If there are two (2) or more debtors, only the debtor, upon whom demand had been made, is bound to
make payment to the creditor who made the demand.

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 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)

Liability of solidary creditor in case of novation, compensation, confusion, or remission.

Novation (Art. 1291.), compensation (Art. 1278.), confusion (Art. 1275.), and remission (Art. 1270.) are
modes or causes of extinguishment of obligations. (Art. 1231.) It is but logical that the creditor who
executed any of these acts should be liable to the others for their corresponding shares considering that
such acts are prejudicial to them. (Art. 1212.)

The different causes of extinguishment of an obligation are discussed under Chapter 4. Articles 1231-
1304.

EXAMPLE:

A, debtor and B, C, D, solidary creditors in the amount of P30,000. If B validly condones the debt in the
amount of P18,000, he shall be liable for P6,000 each to C and D. If B collects P15,000 from A, B must
account for the P5,000 share each of C and D.

Effect of novation, etc. where obligation joint.

In a joint obligation, novation, compensation, confusion, remission, prescription, and any other causes
of modification or extinction does not extinguish or modify 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. (1 Giorgi on Obligations 83; Agoncillo and Mariano vs. Javier, 38 Phil. 424.)

EXAMPLE:

If the obligation of A in the above example is joint, the condonation will affect only the share of B in the
amount of P10,000. So A is still indebted to C and D in the amount of P20,000.
In the first example, only P12,000 of the debt remains, the obligation of A to pay the P18,000 condoned
having been extinguished.

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)

Right of creditor to proceed against any solidary debtor.

The above provision 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.

EXAMPLE:

A, B, and C solidarily owe D the amount of P3,000. D can collect from A or B or C alone, or from any two
of them, or all of them simultaneously.

If demand is made on A, the latter cannot require D to make a demand also on B and C, or to include
them as party defendants, as D has the right to proceed against any one of them.

If A pays D P1,000, the latter can still go against all of them for the balance as long as the debt has not
been entirely satisfied.

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. (1145a)

Effects of payment by a solidary debtor.

(1) Between the solidary debtors and creditor(s). - Payment made by one of the solidary debtors
extinguishes the obligation. (When speaking of payment that extinguishes an obligation, the law refers
to payment in full.) However, the creditor for his protection is given the right to choose which offer to
accept if two (2) or more solidary debtors offer to pay. (par. 1.)

(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.
The other debtors do not become, by virtue of such payment, solidary debtors of the debtor-payer.
Their liability is not based on the original obligation which has been extinguished but upon the payment
made by the co- debtor which creates a joint obligation of reimbursement on the part of the others.
(Art. 1208.) However, in case of insolvency of any of the solidary debtors, the others assume the share
of the insolvent one pro rata. (pars. 2 and 3.)

(3) Among the solidary creditors. - The receiving creditor is jointly liable to the others for their
corresponding shares. (Art. 1208.)

EXAMPLES:

(1) A, B, and C are jointly and severally liable to D and E in the amount of P3,000 due on January 5.

If both A and B offer to pay D, on January 5, the latter may choose which offer to accept. If A pays the
entire amount of P3,000 on January 5, the obligation is extinguished

(2) The payment by A gives him the right to demand reimbursement from Band C P1,000 each with
interest from the date of payment. But A is not entitled to reimbursement nor to interest for any
payment made before January 5. The obligation of B and G to reimburse him with interest will arise only
from January 5.

If C is insolvent, both A and B shall bear his insolvency in proportion to their shares. Hence, A can still ask
B to pay an additional sum of P500. Of course, A and B can later on recover from C should the latter's
finances improve.

If, in the same example, A paid only P2,400 and B, P600, A can recover reimbursement only to the
extent that his payment exceeds his share, so that C is liable to him for P1,000 and B, for P400. If C is
insolvent, B is liable to pay A P900. A is not entitled to reimbursement if his payment is P1,000 or less.

(3) D, in the above example, has the obligation to give to E his corresponding share in the credit.

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)

Effect of payment after obligation has prescribed or become illegal.

When a solidary debtor pays the obligation; he is entitled, as a rule, to reimbursement from his co-
debtors. Article 1218 mentions two (2) cases when the paying debtor cannot get any reimbursement.
When the obligation has already prescribed (Art. 1231, par. 2.) or become illegal (Art. 1266.), the
obligation is extinguished. Hence, there is no more obligation to be complied with.

EXAMPLES:

(1) A and B are solidarily indebted to C in the amount of P1,000. The debt prescribed.

If A, nevertheless, paid the debt, he cannot collect from B the share corresponding to the latter. Neither
can A recover from C. "When a right to sue upon a civil obligation has lapsed by extinctive prescription,
the obligor cannot recover what he has delivered or the value of the services he has rendered." (Art.
1424.)

(2) A and B are solidarily bound to deliver 10 carabaos to C for slaughter purposes. Later, the lawmaking
body passed law which prohibits the slaughter of carabaos.

If A, nevertheless delivered the carabaos knowing that the slaughter of carabaos is already prohibited by
law, he cannot get any reimbursement from B because the payment was made after the obligation had
become illegal.

Prescriptive periods of actions.

"By prescription, one acquires ownership and other rights through the lapse of time in the manner and
under the conditions laid down by law.

In the same way, rights and actions are lost by prescription." (Art. 1106.)

"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." (Art. 1144.)

"The following actions must be commenced within six (6) years.

(1) Upon an oral contract;

(2) Upon a quasi-contract." (Art. 1145.)

"The following actions must be instituted within four (4) years:

(1) Upon an injury to the rights of the plaintiff;

(2) Upon a quasi-delict." (Art. 1146.)

The statute of limitations, however, may be superseded or modified by a contract between the parties.

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. (1146a)

Effect of remission of share after payment.

If payment is made first, the remission (see Art. 1270.) or waiver is of no effect. There is no more
obligation to remit. If remission is made previous to the payment and payment is made, solutio indebiti
arises. It is incumbent upon the debtor whose debt is remitted to prove the priority of the remission to
the payment to release him from responsibility towards his co-debtors.

The purpose of the article is to forestall fraud whereby the debt having been paid, the creditor, who
does not stand to suffer any loss or damage, remits the share of a particular debtor. The article also
secures equality and justice to the paying debtor inasmuch as the payment benefits his co- debtors.

EXAMPLES:

(1) A and B are liable in solidum to C in the amount of P1,000. C remitted A's share. Subsequent payment
by B of P1,000 to C will not entitle him to reimbursement from A since the remission extinguished the
obligation with respect to A's share. However, B can demand the return of P500 from C under the
principle of solutio indebiti.

If payment by B was made before the remission, A is still liable to B because the remission is without
effect, the obligation having been extinguished already by the payment.

(2) A, B, and Care liable in solidum to D in the amount of P3,000. D remitted the share of A. After paying
D P2,000, the balance of the credit, B demands reimbursement from C who became insolvent after the
remission.

Is A obliged to contribute to the share of C? Yes. Article 1217 (par. 3.) says that the share of the
insolvent co-debtor "shall be borne by all his co-debtors, in proportion to the debt of each."
Furthermore, the remission can only refer to the share of A in the obligation and cannot, therefore,
affect his responsibility to contribute to the share of C, the insolvent debtor. A creditor has no right to
alter or modify the rights and obligations of the solidary debtors as among themselves.