Law: Joint and solidarity obligations

• Joint obligation


  One where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors
• Solidary obligation


  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
• Collective obligation presumed to be joint
• If A, B, and C are liable to D in the amount of P9,000, and it is stated that the corresponding share of each debtor is P3,000, A, B, and C are liable only for P3,000 each and D is not entitled to collect from each debtor more than his corresponding share in the obligation
• If the share of each debtor (or the share of each creditor, if there are two or more creditors) is not specified, the presumption is that the obligation is joint
• The presumption established in Article 1208 is, however, rebuttable
• Examples of joint obligations


  • A, B, and C borrowed P9,000 from D
  • A borrowed from B, C, and D P9,000
  • A and B are liable to C and D for P9,000
• The presumption in Article 1208 is made "subject to the Rules of Court governing the multiplicity of suits"
• Solidary liability is not lightly inferred. Under Article 1207, there is solidary liability only when: 1) the obligation expressly so states; 2) the law requires solidarity; or 3) the nature of the obligation requires solidarity
• Solidary liability also exists when it is imposed in a final judgment against several defendants
• Passive solidarity


  Solidarity on the part of the debtors, where any one of them can be made liable for the fulfillment of the entire obligation
• Examples of passive solidarity


  • A and B are solidary debtors of C in the amount of P10,000
  • Under the contract, A or B will pay C P10,000
• Active solidarity


  Solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation
• Examples of active solidarity

  • A is liable for P10,000 in favor of B and C who are solidary creditors
  • The obligation of A is to pay P10,000 to either B or C
• Mixed solidarity


  Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation
• Example of mixed solidarity


  • A and B are solidarily liable to C and D, solidary creditors, in the amount of P10,000
• Conventional solidarity


  Solidarity is agreed upon by the parties
• Legal solidarity


  Solidarity is imposed by the law
• Real solidarity


  Solidarity is imposed by the nature of the obligation
• Examples of legal solidarity

  • Principal is solidarily liable with the agent if the former allowed the latter to act as though he had full powers
  • All partners are solidarily liable with the partnership for any crime or quasi-delict committed by any partner
  • Two or more persons who have appointed an agent for a common transaction or undertaking are solidarily liable to the agent
  • Two or more bailees to whom a thing is loaned in the same contract are liable solidarily
  • The responsibility of two or more payees, when there has been a payment of what is not due, is solidary
  • The responsibility of two or more persons who are liable for a quasi-delict is solidary
  • Engineer or architect supervising construction is solidarily liable with the contractor for defects
  • In a felony, the principal, accomplices, and accessories are liable severally (in solidum) among themselves
• Quasi-delict


  A civil wrong or tort that is not a breach of contract
• Persons liable for a quasi-delict are solidarily liable (Art. 2194)
• Solidary liability


  Liability where each debtor is liable for the full amount of the obligation
• If an engineer or architect supervises the construction of a building, they shall be solidarily liable with the contractor for damages for any defect in the construction (Art. 1723)
• Felony (crime)


  The principal, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiarily for those of other persons liable (Art. 110, Revised Penal Code)
• Real solidarity


  Solidarity imposed by law where the intent or purpose is to have the obligation satisfied in full, even if the law does not expressly require solidarity
• Examples of real solidarity

  • Employer's obligation to pay indemnity or compensation under the former Workmen's Compensation Law
  • Operator and grantee of certificate of public convenience being jointly and severally liable for exemplary damages under the "kabit system"
• Solidarity is not presumed, the presumption is that obligations are joint
• Joint indivisible obligation


  An obligation that is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance
• Examples of joint indivisible obligations

  • A, B, and C are jointly liable to give D a car valued at P240,000
  • A, B, and C are jointly liable to pay D and E P240,000 for a car
• In a joint indivisible obligation, if one debtor is insolvent, the others are not liable for their share
• Indivisibility


  Refers to the prestation (subject matter), while solidarity refers to the juridical or legal tie that binds the parties
• Indivisibility does not necessarily give rise to solidarity, and solidarity does not necessarily imply indivisibility
• Uniform solidary obligation


  Solidary obligation where the parties are bound by the same stipulations
• Non-uniform or varied solidary obligation


  Solidary obligation where the parties are not subject to the same stipulations
• Solidarity is not affected by diverse stipulations binding the parties
• The creditor may bring their action in full against any of the solidary debtors, less the shares of the other debtors with unexpired terms or unfulfilled conditions
• The parties may stipulate that any solidary debtor already bound may be made liable for the entire obligation
• Each solidary creditor may do whatever may be useful to the others, but not anything which may be prejudicial to the latter
• Solidary creditors


  Each one may do whatever may be useful to the others, but not anything which may be prejudicial to the latter