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Case analysis: Answer briefly and concisely. State your legal basis.

Submit on
Saturday.

1. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the amount
of P 5,000.00. Suppose Buko paid the obligation, what is his right as against his co-
debtors? State your reasons and legal basis.

-As Buko, Fermin and Toti bound themselves to solidary obligations, according to
article 1207, solidary obligation means 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. Therefore, as Buko bound himself to render their
solidary obligation in behalf of his co-debtors, he has a right to ask reimbursement from
Fermin and Toti as the wisdom of the law says no one should be enriched at the
expense of the other.

2. Buko, Fermin and Toti are solidary debtors under a loan obligation of P
300,000.00 which has fallen due. The creditor has, however, condoned Fermin’s entire
share in the debt. Since Toti has become insolvent, the creditor makes a demand
on Buko to pay the debt. How much, if any, may Buko be compelled to pay?

-As the creditor makes a demand on Buko to pay the debt of Toti, therefore, Buko may
compelled to pay a total of P 200,000 including his part. According to article 1207, there
is passive solidarity, a kind of solidarity on the part of the debtors, where any one of
them can be made liable for the fulfillment of the entire obligation.

-According to article 1207, there is passive solidarity, a kind of solidarity on the part of
the debtors, where any one of them can be made liable for the fulfillment of the entire
obligation. Therefore, as the creditor makes a demand on Buko to pay the debt of Toti,
then Buko may compelled to pay a total of P 200,000 including his part.

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