Section 4 - Joint and Solidary Condition

• ART. 1207. The concurrence of two or more creditors or of 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 prestations. 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)
• 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)
• 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)
• 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)
• 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)
• 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)
• ART. 1213. A solidary creditor cannot assign his rights without the consent of the others. (n)
• 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)
• 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.
• 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)
• 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.
• 1217(2) 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)
• 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)
• 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)
• ART. 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. (n)
• 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.
• 1221(2) 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 extra-judicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. (1147a)

   
• ART. 1222. A solidary debtor may, in actions fi led 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. (1148a)
• Joint obligation-One where the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credit or debts being considered distinct from one another. Each debtor is liable only for a proportionate part of the debt and each creditor to his proportionate share to the credit.

  Solidary obligation-It is where each of the debtors obliges to pay the entire obligation while each one of the creditors has the right to demand from any of the debtors, the payment or fulfillment of the entire obligation.
• When there is a concurrence of two or more debtors and/or two or more creditors in one and the same obligation:GR: Joint obligationXPNs:When the obligation expressly so states2. When the law requires solidarity3- When the nature of the obligation requires solidarity
• Kinds of solidarity:1.Passive-solidarity on the part of the debtors2. Active-solidarity on the part of the creditors3. Mixed-solidarity on both sidesSolidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.(Art. 1211)
• Rules in solidarity:

  As to debtors:

  1. Any of the solidary debtor may be required to pay the whole obligation; there is mutual guaranty among solidary debtors
  2. 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. (Art. 1214)
  3. Payment made by one e 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 payinent 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. (Art. 1217)
• Rules in solidarity:I. As to debtors:4. 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 I or become illegal. (Art. 1218)5. 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. (Art. 1219)
• 6. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co- debtors(Art. 1220)7. 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. (Art. 1222)
• Rules in solidarity:

  II. As to creditors

  1. Anyone of the solidary creditors may collect or demand payment of the whole obligation; there is mutual agency among solidary debtors.
  2. The creditor may proceed against any one of the solidary debtors or some or all 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 been fully collected. (Art. 1216)
• 4. Each one of solidary creditors may do whatever may be useful to the others, but not anything prejudicial to them (Art. 1212); however, any novation, compensation, confusion or remission of debt made by any solidary creditors or with any of the solidary debtors shall extinguish the obligation without prejudice to his liability for the shares of other solidary creditors (Arts. 1215 & 1219).

  5. A solidary creditor cannot assign his rights without the consent of the others. (Art. 1213)
• Rules in case of loss of thing or if the prestation becomes impossible:

  • If without the fault of the debtor-obligation is 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- if any or all of the solidary debtors are in delay, 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 there is no delay, obligation is extinguished.
• Solidarity and indivisibility

  • The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. (Art. 1210)
  • Indivisibility refers to the subject matter or object not being susceptible of partial performance. On the other hand, solidarity refers to tie between the parties.
• • 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. (Art. 1209)