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Sample Demand Letter

This document discusses different types of obligations under Philippine law. It explains that there are individual obligations with one debtor and one creditor, and collective obligations with two or more debtors or creditors. Collective obligations can be joint or solidary. For joint obligations, each debtor is only liable for their proportionate share and each creditor can only claim their proportionate share. For solidary obligations, each debtor is liable for the whole amount and each creditor can claim the whole amount from any debtor. The document provides examples and consequences of each type of obligation. It notes that solidarity cannot be presumed and only exists if expressly stated, required by law, or required by the nature of the obligation.

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41 views4 pages

Sample Demand Letter

This document discusses different types of obligations under Philippine law. It explains that there are individual obligations with one debtor and one creditor, and collective obligations with two or more debtors or creditors. Collective obligations can be joint or solidary. For joint obligations, each debtor is only liable for their proportionate share and each creditor can only claim their proportionate share. For solidary obligations, each debtor is liable for the whole amount and each creditor can claim the whole amount from any debtor. The document provides examples and consequences of each type of obligation. It notes that solidarity cannot be presumed and only exists if expressly stated, required by law, or required by the nature of the obligation.

Uploaded by

ruel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Article 1207

March 25, 2016Leave a comment


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 prestation. 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)

Ang pagpayag ng dalawa o mahigit pang nagpapautang o dalawa o mahigit pang mga
umutang sa iisa at parehas na pananagutan ay hindi nangangahulugan na ang  bawat
isa sa mga nagpautang ay  may karapatan maningil o ang bawat isa sa mga may utang
ay gampanan ang buong pagsasakatuparan ng kabayaran. Mayroon lamang
magkakasamang pananagutan kung ang obligasyon ay nagsasaad nito o hinihiling ng
batas o ng lagay ng obligasyon ang pagkakabuklod.

Discussions:

Classification of Obligation  (Accdg. To # of parties)

1. Individual Obligation – there is only one debtor and one creditor in a contract

2. Collective Obligation – there are two or more debtor and two or more creditors

Kinds of Collective Obligations

1. Joint Obligation– where the whole obligation is to be paid or fulfilled


proportionately by the different debtors and demanded proportionately by the
different creditors. This is the presumption in all collective obligation unless
solidarity is expressly stated.

2. Solidary Obligation– where each one of the debtors is bound render, and/or each
creditor has the right to demand from any of the debtors, the entire compliance
with the prestation.

*Passive/solidarity on the part of the debtor

*Active/solidarity on the part of the creditor

Consequences of  Joint Obligation


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1.Each debtor is liable only for a proportionate part of the entire debt;

[ill. Tin,Tina,Mau owed Jun 900K. There are 3 debts and 1 credit, In the absence of any
agreement, the liability of Tin, Tina & Mau is only 300K]

2.Each creditor, if there several, is entitled to a proportionate part of the credit.

[ill. Tin, Tina, Mau lend Jun 900K. 3 debts and 1 credit.  Each of the creditor can collect
300K each.]

3.The demand made by one creditor upon one debtor, produces the effects of default
only as between them, but not with respect to the others.

4.The interruption of precription caused by the demand by one creditor upon one debtor
, will not benefit the the co-creditors; neither, will that demand interrupt the prescription
of the obligation as to the other debtor.

5.The insolvency of a debtor will not increase the liability of his co-debtors. Neither , will
it allow a creditor to demand anything from the co-creditors.

6.The vices of each obligation emanating from the personal defect of a particular debtor
or creditor will not affect the obligation or rights of the others.

Consequences of  Solidary Obligation

1. Passive Solidarity- one of the several debtors can be made liable for the
payment or the performance of the entire obligation. (full payment by any of the
debtor extinguishes the obligation)
2. Active Solidarity- one of the solidary creditors can demand the payment or
performance of the entire obligation from the debtor or any of the debtors. (There
is mutual representation w/ power to exercise the rights of others in the same
manner as their own rights)

Solidary liability cannot be presumed, the law recognizes the existence (1) When


the obligation itself expressly provides for solidarity, for the burden s now assumed
voluntarily by the debtor/s who are supposed to take care of their own concerns and
affairs (Conventional Solidarity); (2)When the law expressly provides for solidarity for
which the law has its own legal reason for the imposition of solidarity (Legal
Solidarity); (3)When the nature of the obligation requires solidarity (Real Solidarity)
Some Legal Solidarity found in Civil Code

  Art 927. If two or more heirs take possession of the estate, they shall
be solidary liable of the loss or destruction of a thing devised or bequeathed , even
though only one of them should have been negligent.

  Art 1824. All partners are liable solidarily with the partnership for everything


chargeable to the partnership under Art 1822 & 1823.

  Art 1911. Even when the agent hs exceeded his authority, the principal


is solidary liable with the agent if the former allowed the latter to act as though he full
powers.

  Art. 2146. If the officious manager delegates to another person all or some of his
duties, he shall be liable for the acts of the delegate, without prejudice to the direct
obligation of the latter toward the owner of the business.

  The responsibility of two or more officious managers shall be solidary, unless the
management was assumed to save the thing or business from emminent danger.

Other Names or Statements Equivalent to Solidarity

15 October 20xx 
Ms Fiona Frame
Fantastic Florists
Shop 7, Blacktown Mall
108 Black Street
Blacktown NSW 2148 

Dear Fiona 
RE: OUTSTANDING MONEY 
I am writing about my fees for the last three months. 
The total amount owing is now $4,000.This amount relates to website maintenance and IT
support services I provided by agreement with you for 20 hours each month in the months
of May, June and July 20xx. I refer to my invoice dated 10 August 20xx that was due for
payment by 10 September 20xx. 
I ask that Fantastic Florists pay me the amount of $4,000 by 29 October 20xx. If I don't get
paid this amount, I may start legal action against Fantastic Florists to recover the debt
without further notice. Legal costs and interest may be added to the debt. 
Yours sincerely,
M. Vishwana 
Meena Vishwana

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