CHAPTER 3

SECTION 4 – Joint and Solidary Obligations

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.

 Individual Obligation – one obligor and one obligee

 Collective Obligation – two or more debtors/creditors.

 Joint Obligation – whole obligation is to be paid or fulfilled proportionately by the

debtors or be demanded by creditors
 Solidary Obligation – each one of the debtors is bound to render, and / or each
one of the creditors has the right to demand entire compliance with the
prestation.
KINDS OF SOLIDARITY
1. According to parties bound:
a. Passive solidarity – solidarity on the part of debtors.
b. Active solidarity – solidarity on the part of creditors.
c. Mixed solidarity – solidarity on the part of the debtors and
creditors.
2. According to source:
a. Conventional solidarity – solidarity is agreed upon by the parties.
b. Legal solidarity – solidarity is imposed by the law.
c. Real solidarity – solidarity is imposed by the nature of the
obligation.

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.

 Each of the debtors are liable to pay only his/her proportionate share of the debt.
 Each of the creditors can demand only on the payment of his/her proportionate
share of the credit
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SECTION 4 – Joint and Solidary Obligations
ART. 1209. If the division is impossible, the right of the cred- itors 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.

Joint indivisible obligation

 It is joint because the parties are merely proportionately liable.
 It is indivisible because the object or subject matter is not physically divisible into
different parts.

ART. 1210. The indivisibility of an obligation does not necessarily give rise to
solidarity. Nor does solidarity of itself imply indivisibility.

Basis Indivisible Solidary

Nature Prestation Juridical or legal tie
Effect of breach of Only the debtor guilty of All of the debtors are liable
obligation breach of obligation is for the breach of the
liable for damages obligation committed by a
co-debtor
Number of parties One debtor and one At least two debtors or two
creditor creditors

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.

 The solidarity of debtors is not affected even if different terms and conditions are
made applicable to them.

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.

 If a creditor does anything which may be prejudicial to others, he/she will be

responsible to the damages.

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

 In the absence of consent given by the others, a solidary creditor cannot assign
his rights to a third person.
 If the assignment is made to a co-creditor, the consent of other creditors is not
necessary.
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SECTION 4 – Joint and Solidary Obligations
 The assignee does not become a solidary creditor, and any payment made upon
him by the debtor does not extinguish the obligation. The assignee is considered
as a stranger.

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.
 The debtor may choose any of the solidary creditors if he/she will pay the debt
however, if one of the solidary creditors demands payment it should be paid to
that creditor to avoid prejudice towards that more diligent or active creditor.
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 provision of article 1219.
***ARTICLE 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 HAS BEEN TOTALLY PAID BY ANYONE OF THEM BEFORE THE
REMISSION WAS EFFECTED.(1145a)
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
them. (1143)

 If any of the solidary creditor perform Novation, compensation, confusion or

remission of the debt the obligation is extinguished but this will not change or
harm the provision of the Article 1219, the debtor is still responsible towards his
co-debtors when their debt has been fully paid before the act of remission.
 The creditor will be liable for the share of his co-creditors with regards to the
obligation he extinguished.
 In JOINT OBLIGATION : Novation, compensation, confusion, remission,
prescription, and any other causes of modification or extinction does not
extinguish or modify the obligation.
***novation - the substitution of a new legal obligation for an old one. the act of
substituting a valid existing contract with a replacement contract where all concerned
parties mutually agree to make the switch.
***compensation - something, typically money, awarded to someone as a recompense
for loss, injury, or suffering.
***remission - the act of reducing or cancelling the amount of money that you owe.
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
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SECTION 4 – Joint and Solidary Obligations
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.
 Not applicable to JOINT OBLIGATION.
 Creditors may demand as long as the debt has not been fully collected, he has
the right to choose or determine to whom he will collect the payment.
 If the debtor is chosen, he cannot require the creditor to make demand on the
other debtors.
ART. 1217 – Payment made by one of the solidary debtors extinguishes the
obligation If two or more solidary debtors offer to pay, the creditors 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.
 Between the solidary debtors and creditor(s) - Full payment of debt extinguishes
the obligation. If there are two or more solidary debtors that offers to pay, the
creditor has the right to choose which offer to accept.
 Among the solidary debtors - The chosen solidary debtor can demand the
reimbursement to his co-debtors that is proportionate to their shares with (legal)
interest only from the time of payment.
o If one solidary debtor is insolvent, his co-debtor/s will shoulder his debt.
 Among the solidary creditors - The receiving creditor is liable to distribute the
collection to his co-creditors according to their shares.
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.
 The obligation is extinguished once it is already prescribed or became illegal.
o Prescriptive periods of action
 “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)
 Following actions MUST BE BROUGHT WITHIN 10 YEARS
FROM THE TIME THE RIGHT OF ACTION ACCRUES:
 Upon a written contract
 Upon an obligation created by law
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SECTION 4 – Joint and Solidary Obligations
 Upon a Judgement
 MUST BE COMMENCED WITHIN 6 YEARS:
 Upon an oral contract
 Upon a quasi-contract
 MUST BE INSTITUTED WITHIN 4 YEARS:
 Upon an injury to the rights of the plaintiff
 Upon a quasi-delict

ART. 1219 – The remission made by the creditor of the share which affects
one of the solidary debtor 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)
 If the payment is made first, the remission will have no effect and solution indebiti
will arise
o The co-debtors of the debtor who paid the debt in full will be responsible to
pay according to their shares for reimbursement
 This article also secures equality and justice to the paying debtor in as much as
the payment benefit of his co-debtor.
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.
 Remission is a DONATION. Whoever obtains remission pays nothing to the
creditor.
 Applies only when the WHOLE OBLIGATION is remitted.
 Incase of NOVATION, COMPENSATION, OR CONFUSION, debtor is entitled to
recover from his co-debtors their corresponding shares of the obligation.
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.  
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 de- mand upon him by the creditor, the
provisions of the preceding paragraph shall apply.  

 If the debtors are not at fault, there is no liability. 

 If only one party is at fault, both can be liable for the price, damages and interest
since they are solidarily obliged.  
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SECTION 4 – Joint and Solidary Obligations
 Even though if the thing was lost through a fortuitous event; debtors are still liable
as the demand was given before the thing was lost. 

ART. 1222 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.  

The debtor may avail himself to the following defenses to nullify the obligations and
render it ineffective / complete defense: 
 1st Defense: derived from the nature of the obligation, example: fraud,
prescription, remission, illegality or absence of consideration, non-performance of a
suspensive condition: incapacity, mistake, violence. 
 2nd Defense: personal to him or pertain to his own share, example: incapacity to
give consent – minor age. 
 Partial Defense: 3rd Defense: In the case of solidary debtors, one debtor may be
liable to partial or his share of the debt. 

ART. 1223 The divisibility or indivisibility of the things that are the object of

obligations in which there is only one debtor and only one creditor does not alter
or modify the provisions of Chapter 2 of this Title.  
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SECTION 4 – Joint and Solidary Obligations
Classification according to performance: 
A. a. Divisible - when the object of the performance is susceptible of division. 
B. b. Indivisible - when the object of the performance, because of its nature or
because of the intent of the parties, is not susceptible of division. 
Kinds of Indivisibility 
A. Legal Indivisibility – indivisibility provided by law 
B. Conventional Indivisibility – indivisibility agreed upon by both parties 
C. Natural Indivisibility – indivisibility by reason of the nature of the object or subject
matter of the obligation 
Kinds of Division 
A. Quantitative - divisibility depends on the numbers of the things; homogeneous
(e.g., 1000 hectares of land can divide into how many parts) 
B. Qualitative - divisibility depends on the quality of the thing; not homogenous
(e.g., Inheritance – real & personal property) 
C. Intellectual or moral - non-material divisibility; only mental & intellectual
(e.g., Corporation). 

ART. 1224 A joint indivisible obligation gives rise to indemnity for damages

from the time anyone of the debtors does not comply with his undertaking. The
debtors who may have been ready to fulfill their promises shall not contribute to
the indemnity beyond the corresponding portion of the price of the thing or of the
value of the service in which the obligation consists.  

 In the event that one debtor in a joint obligation does not comply, the obligation
becomes divisible, co-debtors ready to fulfill their obligations are not liable for their
co-debtor who is still indebted to their creditor.  
 Example: a car worth 1M pesos cannot be bought as one of the co-debtors do
not have the money, the co-debtor with money may give his share of 500K pesos. 

ART. 1225 For the purposes of the preceding articles, obligations to give

definite things and those which are not susceptible of partial performance shall
be deemed to be indivisible.  
When the obligation has for its object the execution of a certain number of
days of work, the accomplishment of work by metrical units, or analogous things
which by their nature are susceptible of partial performance, it shall be divisible.  
However, even though the object or service may be physically divisible, an
obligation is indivisible if so, provided by law or intended by the parties.  
In obligations not to do, divisibility or indivisibility shall be determined by
the character of the prestation in each particular case. 

Effect of illegality of a part of a contract 

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SECTION 4 – Joint and Solidary Obligations
A. Divisible Contract – if the contract is divisible and a part of it is illegal, the illegal
part of the contract is considered void and not enforceable. 
B. Indivisible Contract – if the contract is indivisible and a part of it is illegal, the
entire contract is considered void and not enforceable. 
 Example, while money can be divisible, in the event of tax payment, payment
must be paid in full and not partial as stated by the law.  
Effect of partial performance of an indivisible contract 
 When an obligation is indivisible, it is not susceptible to partial performance,
therefore, a debtor who only does a part of the obligation cannot recover payment
for the partial work that he has done because for an indivisible contract, partial
performance is equivalent to non-performance.