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Obligations and ContractsChapter 3 Nature and Effect of ObligationsSection 4 Joint and Solidary Obligations

Article 120!he concurrence of t"o or #ore creditors or of t"o or #ore creditorsor of t"o or #ore debtors in one and the sa#e obligation does noti#ply that each one of the for#er has a right to de#and$ or that each

one of the latter is bound to render$ entire co#pliance "ith theprestation% !here is a solidary liability only "hen the obligatione&pressly so states$ or "hen the la" or the nature of the obligationre'uires solidarity%

Article 120()f fro# the la"$ or the nature or the "ording of the obligations to"hich the preceding article refers the contrary does not appear$ thecredit or debt shall be presu#ed to be di*ided into as #any e'ualshares as there are creditors or debtors$ the credits or debts beingconsidered distinct fro# one another$ sub+ect to the ,ules of Courtgo*erning the #ultiplicity of suits%

Joint obligation- debtors are liable only for proportionatepart of the debt.

EAC/ debtor can be #ade to pay only /)S A,! of theobligation

- creditors are entitled only to a proportionatepart of thecredit. EAC/ creditor can reco*er only /)S S/A,E of theobligation

Solidary obligation- each debtor is liable for the EN!),E obligation. each debtor

#ay be obliged to A )N

- each creditor is entitled to de#and the 5/OE obligation.each creditor #ay ENO,CE the EN!),E obligation

!er#s fro# !olentino6JO)N! SO)7A,

8anco#unada8anco#unada si#ple 8anco#unada solidariaro rata Joint and se*eral 9 in solidu#

Juntos o separada#ente :apro#issory note$ creates solidaryresponsibility;

hrase

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1% 7efault > de#and by one creditor upon one debtorproduces the effects of default only "ith respect to thecreditor "ho de#anded and the debtor on "ho# thede#and "as #ade. but not "ith the others

o 7elay of one is not the delay of otherso Ds solidary > delay of one is the delay of others

2% )nterruption of prescription > "hen prescription isinterrupted by the +udicial de#and of one creditor upon a

debtor$ the other creditors are NO! benefited andprescriptions for the other debtors are NO! interrupted%

a% artial pay#ent or acBno"ledge#ent #ade by oneof se*eral JO)N! debtors does not stop the runningof the statute of li#itations as to the others

b% Statute of li#itation > a statute that li#its the ti#ein "hich a la"suit #ay be brought for an in'uiry ora cri#e$ after "hich the party "ith a grie*anceloses right to sue

3% 7efects > *ices of each obligation arising fro# the personaldefect of a particular debtor or creditor does not affect theobligation or rights of the others

4% )nsol*ency > insol*ency of one debtor does not increasethe liability of the others. does not also authorie thecreditor to de#and anything fro# his co-creditors :in+oint;Ds% solidary > all co-debtors are liable to rei#burse the one"ho paid. if one beco#es insol*ent$ all the others "ho arenot insol*ent "ill co*er the share of the insol*ent$ e*en theone "ho paid the full a#ount

F% ,es +udicata :rule that courtGs final +udg#ent conclusi*elysettles the rights of all parties in*ol*ed; > in a +ointdi*isible obligation$ res +udicata 7OES NO! EH!EN7 fro#one debtor to another :because each is liable only this his

share@;

Obligations are presu#ed to be +oint e&cept in the follo"ingcases "herein solidarity e&ists61% !here is anexpress stipulation in the contractthat

obligation is solidary$ or "ords "ith the sa#e effect areused

a% Not necessary that agree#ent should precisely usethe "ord e*ery person$ in the e&ercise of rights and

perfor#ance of duties$ #ust act "ith +ustice$ gi*ee*eryone his due and obser*e honesty and goodfaith

b% Art 20 > e*ery person "ho$ contrary to la"$ "illfullyor negligently causes da#age to another$ shallinde#nify the latter for the sa#e

c% Art 21 > any person "ho "illfully causes loss or

in+ury to another in a #anner that is contrary to#orals$ good custo#s or public policy shallco#pensate the latter for the da#age

d% Art22 > e*ery person "ho through an act ofperfor#ance by another$ or any other #eans$ac'uires or co#es into possession of so#ething atthe e&pense of the latter "o +ust or legal ground$shall return the sa#e

o nder these pro*isions$ e*en if persons acted

JO)N!$ they "ill be )AE SO)7A,) because ofthe nature of the obligation

hil la" recognies solidary responsibility for

"rongful acts$ "hether they are cri#es:art10 ,C or 'uasi-delicts :Art21I4 ci*ilcode;

Solidarity is i#posed on +oint payees ofthings "hich is deli*ered by #istaBe :21Fci*il code;

Acts gi*ing rise to the liability under thesearticles are ANAOOS$ if not identical$ tocri#es$ 'uasi-delicts and receipt ofso#ething "hich is not due

Co##on ele#ent > #orally "rong "hichcannotbe di*ided into parts. therefore$

liability #ust be solidary

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K% ro*ided by la"a% Conspiracyb% Luasi-delicts > +oint tort feasors

adilla *s% /iponia- adilla filed action for unla"ful detainer on lessee /iponia

and other 2 defendants !iu Sa# and dhara# as sub-

lessees%- !iu Sa# and /iponia *acated the pre#ises but dhara#refused to *acate the portion he "as occupying% Court heldhe "as liable for the da#ages of the creditor for entirepre#ises

- dhara# appealed clai#ing that he should be liable onlyfor the portion he "as occupying

- Court held that since his retention of the area that he "asoccupying pre*ented the other persons fro# renting thepre#ises$ dhara# should be held responsible for theentire pre#ises

- Note6 all three defendants "ere tortfeasors :person "ho

co##its a tort > pri*ate in+ury or "rong$ *iolation of asocially recognied duty o"ed > against another;%!ortfeasors are responsible to the o"ners for thereasonable *alue of the possession "hich they "ithheld%ut since the other t"o *oluntarily *acated$ they #ay notheld responsible for the occupation *alue after lea*ing

7is+uncti*e Obligations- !"o or #ore creditors or t"o or #ore debtors na#ed in

the alternativeo A binds hi#self to pay 100 to either H or

o Either A or "ill pay F00 to H

o !his Bind of situation is not e&pressly pro*ided incode

- )ntention of parties #ust pre*ail in deter#ining "hetherthe rules on solidary or alternati*e obligations

o Alternati*e > presu#ption is debtor chooses to

"hich creditor to payo Solidarity > either one of the creditors can de#and

pay#ent and debtor cannot refuse to pay to thatcreditor "ho de#ands by saying that he choosesthe other creditor. either one of the debtors can beco#pelled to pay

o )n case of doubt$ solidarityis fa*ored$ since it is

#ore conduci*e to the fulfill#ent of the obligations

)n alternati*e$ right to choose generally lies"ith debtor "ho #ay not e&ercise that rightthus paralying the rights of creditors andother debtors$ if any

,elations of co-parties- Co-creditors and co-debtors #ay regulate their rights or

liabilities in their internal relations

- !hey can choose sole responsibility of one debtor orpro*ide for total rei#burse#ent or for a di*ision into e'ualparts

7ual character of obligations- Joint on the side of creditors and solidary on the side of the

debtors$ or *ice *ersa- !he rules applicable to the character of the debtors and

creditors should apply in deter#ining their rights andliabilities

o )f +oint on the side of creditors and solidary on the

side of debtors$ then creditors can de#and only his

share in the obligation "hile each debtor #ay beco#pelled to pay the entire obligation

Article 120I)f the di*ision is i#possible$ the right of the creditors #ay bepre+udiced only by their collecti*e acts$ and the debt can be enforcedonly by proceeding against all the debtors% )f one of the latter shouldbe insol*ent$ the others shall not be liable for his share%

Joint indi*isible obligations > there are se*eral debtors andcreditors but the prestation is indi*isible :liBe deli*ery of houseor other deter#inate thing;$ the obligation is +oint$ unless

solidarity is stipulated- 8id"ay bet"een +oint and solidary- or +oint

o No creditor can do an act pre+udicial to the others

o No debtor can be #ade to ans"er for the others

- or solidaryo ulfill#ent re'uires CONC,,ENCE of all the

debtors$ although each for his parto or creditors$ collecti*e action is e&pressly re'uired

for acts "hich #ay be pre+udicial

lurality of Creditors

- Se*eral creditors and only 1 debtor

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- obligation can be perfor#ed only by deli*ering the ob+ectto A creditors +ointly

- debtor "ho deli*ers to one creditor only is liable forda#ages because of non-performance to the othercreditors, unless other creditors ha*e authoried the onecreditor to recei*e in their behalf

- if only one or so#e of the creditors de#andperfor#ance9deli*ery$ debtor #ay legally refuse to deli*er

to the#$ debtor can insist that all the creditors togetherrecei*e the thing. if any refuse to +oin the others$ debtor#ay deposit the thing in court as a "ay of consignation

- if non-perfor#ance by debtor$ his obligation to payda#ages arises

o creditor can reco*er only /)S ,OO,!)ONA!E

S/A,E of the da#ages :prestation of da#agesbeco#es di*isible;

- interruption of prescriptiono so#e belie*e that action is re'uired to be

collectiveonly "hen it is prejudicialto the othersand the act of 1should be sufficient if the action is

beneficial, liBe interruption of the period ofprescription

o others :de buen; belie*e that an act "hich "ould

ordinarily interrupt prescription by one creditor oragainst one of the debtors$ is in*alid and has noeffect

o !olentino belie*es 7e uen opinion is applicable to

the hils% /ere$ as long as the obligation is JO)N!$the act of one creditor CANNO! ha*e an effect onthe other creditors

,eason6 the credit of each one is separatefro# the credits of the others

! the ob+ect is indivisible$ perfor#anceof "hich re'uires collecti*e action to beeffecti*e

!herefore$ pay#ent #ust be #ade to alltogether

)f the obligation is solidary and indi*isible$Art1212 applies "hich allo"s once creditorto do anything beneficial to the others. nosi#ilar pro*ision is applicable for +ointindi*isible obligations

lurality of 7ebtors- !here are t"o or #ore debtors

- !he indi*isible obligation can be perfor#ed by the# ONby acting together. all #ust be sued

- )f AN of the debtors refuse to perfor#$ prestation iscon*erted into an inde#nification for da#ages

o Once con*erted$ the creditor can sue the debtors

separately for their respecti*e share in theinde#nity :their indi*idual share in the *alue of thething to be deli*ered;

- Obligations NO! !O 7Oo nclear "hether di*isible or indi*isibleo 8ust clarify6

"hether liability is +oint or solidary

"hether obligation is di*isible or indi*isibleo E&a#ple6 debtors are bound not to clear "oods in

their property so that creditor can hunt there

Obligation6 indi*isible because partialperfor#ance by not clearing "oods ise'ui*alent to !O!A non-perfor#ance

iability6 but the indi*isible nature of theobligation does not i#ply solidary liability of

the debtors +oint is presu#ed unless it is

other"ise stipulated that liability issolidary

the #o#ent there is partial *iolation

of the contract$ art1224 "ill apply tothe pay#ent of inde#nity forda#ages "herein each debtor "ill beliable only for his share in the *alueof the undertaBing6 the guilty debtor"ill ha*e to ans"er for the da#ages

he caused Art1224 > a +oint indi*isible obligation

gi*e rise to inde#nity for da#agesfro# the ti#e anyone of the debtorsdoes not co#ply "ith hisundertaBing% 7ebtors "ho #ay ha*eben ready to fulfill their pro#isesshall not contribute to the inde#nitybeyond the corresponding portion ofthe price of the thing or of the *alueof the ser*ice in "hich the obligationconsists

Article 1210

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!he indi*isibility of an obligation does not necessarily gi*e rise tosolidarity% Nor does solidarity of itself i#ply indi*isibility

)N7)D)S)))! SO)7A,)!,efers to the prestation$ "hich inthe case of the +oint indi*isibleobligation$ is NO! CAAE ofpartial perfor#ance

refers to the legal tie :*inculu#;bet"een co-parties$ defining thee&tent of liability

Only debtor guilty of breach isliable for da#ages :but all areliable to pay the *alue of thething "hich "as not deli*ered inproportion to their shares;

All debtors are liable for breach

Can e&ist "ith only one debtorand one creditor

8sut be at least t"o debtors or atleast t"o creditors

)n case of insol*ency$ others arenot liable

Other debtors are proportionatelyliable

Each creditor cannot de#and#ore than his share and eachdebtor is not liable for #ore thanhis share

each creditor #ay de#and thefull prestation and each debtorhas the duty to co#ply "ith theentire obligation

Article 1211Solidarity #ay e&ist although the creditors and the debtors #ay notbe bound in the sa#e #anner and by the sa#e periods andconditions

Minds of solidarity6 acti*e$ passi*e and #i&edAC!)DE ASS)DE

E&istsin

Creditors 7ebtors

:for #i&ed6 e&ists on the part of both creditors and debtors;Essence

A #utual agency. #utualrepresentation

A #utual guaranty

Authority of EAC/ creditor toCA)8 and enforce the rights ofall

EAC/ debtor #ay be #ade toans"er for all the others

,esulting obligationto paye*eryone "hat belongs to hi#

7ebtor "ho paid has aresulting rightto reco*er fro#

the other debtors theirrespecti*e shares

Judicialeffects

Since it is a reciprocal agency$death of a solidary creditor doesnot trans#it the solidarity to eachof his heirs but to all heirs taBentogether

Each debtor can be re'uired topay the entire obligation$ butafter pay#ent$ he can reco*erfro# his co-debtors theirrespecti*e shares

Each creditor representstheothers in the AC! O ,ECE)D)Npay#ent and in all other acts"hich tend to secure the credit or

#aBe it #ore ad*antageous

7ebtor re'uired to pay #ay setup his o"n clai# against thecreditor$ by "ay ofco#pensation% )n this case$

effect is the sa#e as that ofpay#ent

ONE creditor does NO! representothers in no*ation$ co#pensationand re#ission$ e*en if the creditbeco#es #ore ad*antageous%Other creditors can still enforcetheir rights on the creditor "ho#ade the no*ation$ co#pensationor re#ission$ e*en if the debtor isreleased

!otal re#ission of the debt infa*or of a debtors releases alldebtors. but "hen only theshare of one debtor isre#itted$ other debtors re#ainliable for their balance of theobligation

AC!)DE ASS)DEJudicia

leffects

Credit and its benefits is di*ided

e'ually a#ong the creditors$unless there is an agree#ent todi*ide differently > accountingand distribution of the a#ount#ust follo" the collection by onecreditor

All debtors are liable for the

loss of the thing due$ e*en iffault of only one or byfortuitous e*ent after the delayof +ust one

7ebtor #ay pay to AN solidarycreditor$ but if +udicial de#and is#ade upon hi#$ debtor #ust payonly to the plaintiff

nterruptionof prescriptionas to one debtor affects allthe others but renunciation byone of the prescription healready had does not pre+udiceothers,eason6 e&tinguish#ent of obliby prescription "ill effecti*elye&tinguish also the #utualrepresentation of the debtors

Each creditor #ay renounce hisright$ e*en if against debtorGs "ill%)n "hich case$ the debtor nolonger needs to pay his obligationto the creditor "ho renounced hisright

)nterest due by reason of delayof 1 are borne by all

,e#ission > "ai*er of creditorGs rights in relation to one ofthe solidary debtorsNo*ation > art 12I1 to 1304Co#pensation >

!er#s and Conditions > legal bonds in solidarity #ay be6

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1% nifor# > debtors are bound by sa#e conditions andclauses

2% Daried > the obligors$ although liable for the sa#eprestation$ are ne*ertheless not sub+ect to the sa#e ter#sand conditions

o efore the fulfill#ent of the condition or the arri*al

of the ter# "hich affects a particular debtor$ anaction #ay be brought against such debtor or any

other solidary debtor for the reco*ery of the entireobligation

ut the portion corresponding to the debtoraffected by the condition or ter# #ust bededucted

!his latter portion cannot be de#anded fro#ANONE unless the condition happens or theter# arri*es

pon happening of the condition or arri*al ofthe ter#$ creditor #ay clai# this latterportion fro# AN debtor

o Sureties #ay bind the#sel*es to conditions

7)S!)NC! fro# those under "hich their principal isbound

i#itation6 surety cannot be greater thanthat of the principal in a#ount or inburdenso#e character

Surety > person "ho taBes responsibility forso#eone elseGs debt$ if debtor fails to do so.usually bound by the sa#e originalinstru#ent as that of the debtor$ thus suretyis responsible for the debt fro# its inception

A solidary debtor is liable only for the perfor#ance of those"hich are due and de#andable% )f the condition does not

happen "ith respect to only 1$

Article 1212Each one of the solidary creditors #ay do "hate*er #ay be useful tothe others$ but not anything "hich #ay be pre+udicial to the latter

Acts beneficial to the creditor > so that the obligation #ayproduce interest

1% )nterrupt prescription2% Constitute the debtor in default3% ring suit

Acts pre+udicial > a solidary creditor cannot do anythingpre+udicial to the others1% ,e#ission2% No*ation3% Co#pensation4% 8erger or confusion

)t is understood fro# the present article that a solidary

creditor cannot #aBe these acts alone$ but under Art121F$these acts done alone is e&pressly authoried- Article 121F6 no*ation$ re#ission$ co#pensation or

confusion "ill e&tinguish the obligation :"o pre+udice toArt121I; and the creditor "ho e&ecuted these acts shall beliable to the others for their share of the obligation

o Art121I6 re#ission #ade by one creditor for the

share of any solidary debtor "ill not release thatdebtor fro# the responsibility to his co-debtor incase a co-debtor has paid the entire obligationbefore re#ission "as effected

o Article 1212 contradicts 121F. to har#onie the

t"o6 1212 can be understood to #ean that the

act of e&tinguish#ent "hich is pre+udicial tothe co-creditors is DA)7 ON !OEH!)N)S/ !/E CA)8 AA)NS! !/E7E!O,S

ut it "ill not e&tinguish the clai# of the co-creditors$ "hose rights subsist and can beenforced against the creditor "ho perfor#edsuch act

Article 1213

A solidary creditor cannot assign his rights "ithout the consent of theothers

,eason for this article6 the solidary creditor is an agent of theother creditors and he cannot assign this agency :#utualagency; to a third person "ithout the consent of the othercreditors- 8utual agency i#plies #utual confidence "hich #ay be

based on the personal'ualifications of each creditor- !he right cannot be assigned to a third person "ho #ay

ha*e different 'ualifications

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Effects of assign#ent of right > la" is silent on this but see#sto i#ply that he assign#ent "ill not produce any effect$ sinceit cannot be #ade any"ay- )f an assign#ent is #ade$ the co-creditors and the debtor9s

are not bound any"ay and they cannot regard theassignee as a solidary creditor

o ay#ent #ade by a debtor to such an assignee

"ould be pay#ent to a third person and "ill not be

considered to e&tinguish obligationo A suit filed by that assignee cannot interrupt

prescription- !he only assign#ent that 5) /ADE effects is an

assign#ent !O A CO-C,E7)!O,$ in "hich case consent ofother creditors is not necessary

o ,eason6 confidence in this assignee already e&ist$

as a co-creditor assigned to be the #utual agento 8utual representation is #ade by agree#ent of the

parties$ not by la"o A solidary creditor "ho assigns his right to another

"ithout consent of his co-creditors debtor shouldpay the one "ho first notified hi#- if de#and is gi*en at the sa#e ti#e or collecti*ely$

debtorGs right to choose is preser*ed and he #ay payanyone of those de#anding pay#ent

artial pay#ent- so#e thinBs that partial pay#ent to other creditors "ho

did not #aBe the de#and is not allo"ed$ e*en if pay#ent"as only for that creditorGs share

- !olentino on the other hand says that an agent only

represents the other creditors in a consolidated de#and

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for pay#ent but does not depriveother creditors theircharacter as ,)NC)AS o*er their o"n shares in theobligation

- ay#ent to the principal is A5AS *alid$ e*en if there isan irre*ocable agency

- )f a debtor already paid a creditor that creditorGs sharebefore the de#and "as #ade$ his liability9obligation #ustbe reduced$ #inus the share of the creditor "ho has been

paid

8i&ed solidarity > *arious debtors and *arious creditors$ eachha*ing different ter#s and conditions- 7e#and by one creditor to one of the debtors6 that debtor

"ill ha*e to pay only that creditor "ho de#andedo ut this does not apply to the other debtors to

"ho# de#and "as not #ad e. they #ay pay to anyof the other solidary creditors

Article 121FNo*ation$ co#pensation$ confusion or re#ission of the debt$ #ade by

any of the solidary creditors or "ith any of the solidary debtors$ shalle&tinguish the obligation$ "ithout pre+udice to the pro*isions of article121I%!he creditor "ho #ay ha*e e&ecuted any of these acts$ as "ell as he"ho collects the debt$ shall be liable to the others for the share in theobligation corresponding to the#%

No*ation > obligation #ay be #odified by6 changing theob+ect$ substituting the person of the debtor$ substituting athird person for the creditor

Co#pensation > taBes place "hen t"o persons are in their

o"n right creditors and debtors of each other. debtor o"escreditor and creditor o"ed debtor and obligation is of thesa#e nature$ effect is set-off

Confusion > characters of the creditors and debtors are#erged

,e#ission or condonation > gratuitous abandon#ent of thecreditor of his right against the debtor

No*ation- Each of the solidary debtors #ay ,EEASE the other

debtors fro# their responsibility by binding hi#self alonein their place $ in fa*or of the creditor

- ! he #ay not bind the others to a ne" contract "ithouttheir consent

- !he creditor #ay ho"e*er re'uire the consent of theothers before they are released

- pon release$ only that debtor "ho secured the no*ation"ill be bound by the ne" contract

- eneral rule6 #ere e&tension of ti#e for pay#ent to asolidary debtor 7OES NO! release the others fro# the

obligationo E&ception6 suretyship$ "herein a #aterial alteration

on the contract "as #ade by the creditor and theprincipal debtor without the knowledgeof thesureties%

o 8ere e&tension of period to pay granted to the

principal "ithout the consent of the sureties$releases the sureties for# their obligation

E&ception to the e&ception6 "hen thesureties are liable for different pay#ents:liBe install#ent$ rent or a series ofpro#issory notes;

7ation in pay#ent > "hen a specific ob+ect is deli*ered as asubstitute for the perfor#ance of the obligation- 5hen not i##ediately effected and is in the for# of a

pro#ise$ then it a#ounts to a no*ation- )f #ade i##ediately$ shall be go*erned by Art124F$

pro*ision on sales- )f it is #ade upon the solidary relation$ it is treated as

pay#ent

8erger and Co#pensation- 5hen partial and there is doubt as to "hat part of the debt

it should be applied$ rules on application of pay#entsshould go*ern

- 5hen total$ obligation is e&tinguished6 relationship ofcreditors as one group and debtors as another groupceases

o "hat is left is the resulting rei#burse#ent "ithin

each group

,e#ission- "hen one creditor #aBes a re#ission$ the e&tinguishes the

obligation in the a#ount and to the e&tent to "hich it is#ade

- creditor "ho #ade the re#ission beco#es liable to his co-creditors for their shares

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- "hen se*eral > not all- of the solidary creditors #aBe there#ission$ NO action can be #ade bet"een those "ho#ade it. and A O !/E8 "ill be liable for the shares ofthe creditors "ho did not re#it

o if one is insol*ent$ his share "ill be #ade up by the

others "ho concurred in the re#ission- )f re#ission #ade to debtor is6

o artial > his character as solidary debtor continues

both in relation to the creditors and his co-debtorso ull

relation "ith creditors ceases :released;$unless the continuation of his solidaryrelation has been reser*ed

)n this case$ that debtor "ill be the

surety for the other re#ainingdebtors

Still bound to relation "ith co-debtors

)f one of his co-debtors is #ade to

pay the share of an insol*ent$ thereleased debtor "ill stil ha*e to gi*e

his share in the portion of theinsol*ent

Art1220 pro*ides that re#ission is agratuitous act. therefore$ the debtorin "hose fa*or the re#ission hasbeen #ade$ e*en if it be of the "holeobligation$ cannot reco*er anythingfro# his co-debtors

Effects1% ,elation bet"een creditors and debtors

o 4 acts #entioned in article "ill e&tinguish the

obligation so that no creditor #ay thereafter sueany debtor

E&cept in no*ation "herein there is a ne"contract and the suit$ if any$ is based on thisne" contract

2% ,elation a#ong co-creditorso Act of one in e&tinguishing the obligation does not

pre+udice the rights of the other creditors to reco*ertheir respecti*e shares fro# the creditor "hoeffected the no*ation$ co#pensation$ confusion orre#ission

3% ,elation a#ong co-debtors the#sel*es

o !he co-debtor as to "ho# the obligation "as

e&tinguished cannot reco*er fro# his other co-debtors #ore than their respecti*e shares in"hate*er he #ay ha*e gi*en up or lost

o )n the case of total co#pensation "herein he

debtor ga*e his o"n credit to e&tinguish theobligation$ he can reco*er fro# the others theirrespecti*e shares

o

)n case of #erger$ if one co-debtor ac'uires the"hole credit$ he can de#and fro# the otherdebtors

o )n case of re#ission$ "herein the co-debtor in

"hose fa*or re#ission "as #ade$ gi*es or losesnothing$ he cannot reco*er anything fro# the otherdebtors

4% 5hen obligation is +ointo No*ation$ co#pensation$ confusion$ re#ission$

prescription and any other causes of #odification ore&tinction 7OES NO! e&tinguish or #odify theobligation

E&cept "ith respect to the creditor or debtoraffected$ but this does not e&tend to anypart of the debt or of the credit

Article 121K!he creditor #ay proceed against any one of the solidary debtors orso#e or all of the# si#ultaneously% !he de#and #ade against one ofthe# shall no be an obstacle to those "hich #ay subse'uently bedirected against the others so long as the debt has not been fullycollected%

assi*e solidarity Solidary uaranty or Suretyship

S)8)A,)!)ESA solidary debtor stands forsome other person

A surety stands for some otherperson

After pay#ent$ may re!uirereimbursementfro# solidaryco-debtors

After pay#ent$ may re!uirereimbursementfro# principal

7)S!)NC!)ONSiable for his and his co-debtorGsobligation. both a principaldebtor and a surety

"nly a surety. liable for thedebtorGs obligation "hich is nothis o"n

,esponsibility for his co-debtorsis primary

,esponsibility for his principaldebtor is only subsidiary

#xtension of timegi*en by #xtension of time gi*en by the

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creditor would not releaseasubsidiary co-debtor

creditor to the principal debtorreleasesthe surety

!his pro*ision does not apply to +oint obligations. ON toSO)7A, obligations%- 5herein the ,E is6 any one or so#e or all of the solidary

debtors #ay si#ultaneously be #ade to pay the debt aslong as it has not been fully collected

- 5ill also apply to suretieso Although their liability is subsidiary$ if they bind

the#sel*es solidarily :+ointly and se*erally;$ "iththe principal debtor$ the creditor #ay bring anaction against anyone of the#

Action #ay be alone or together "ith theprincipal debtor

Article 1212 > each solidary creditor #ay bring action toenforce obligationArticle 1214 > pay#ent can be #ade only to the plaintiffArticle 121K > solidary debtors #ay be sued

- si#ultaneously in one suit- or successi*ely in different suits- article is NO! of public interest6 parties #ay still *alidly

stipulate that the solidary debtors can only be suedsi#ultaneously or #ay pro*ide an order for "hich thedebtors #ay be sued indi*idually

Judg#ent is rendered in an action brought by a solidarycreditor against a solidary debtor > res +udicata@- Judg#ent fa*orable to creditor inures to the benefit of all

co-creditors :art1212;- Judg#ent is ad*erse to creditor6

o Since an action of one solidary creditor consolidatesthe rights of all the creditors in hi#$ ha*ing therepresentation of his co-creditors$ others #ustbenefit fro# the fa*orable and suffer fro# thead*erse :Art1214;

EHCE!)ON6 )f the +udg#ent is based on acause personal to the plaintiff creditor$ it "illnot ad*ersely affect his co-creditors

- Judg#ent against one debtoro cannot be enforced against the others. ne" action

#ust be filed against the other solidary debtors- Judg#ent against se*eral debtors9defendants

o Can be re*i*ed against one of the# only

- Judg#ent fa*orable to the solidary debtor suedo Other debtors can in*oBe the fa*orable +udg#ent

,OD)7E7 !/A! it is not based on a defensepersonal to the debtor

o Minds of +udg#ents personal to the debtor6

ased on the ine&istence of the obligation

nenforceability of the obligation

So#e other cause inherent in the *inculu#

+uris ,EASON for these three6 in solidarity$ there

is a N)! O EA !)E$ not"ithstandingplurality of sub+ects

o Su##ary6 +udg#ent in fa*or of one solidary debtor

a#ounts to an e&tinguish#ent of the obligation"ith respect to hi# "hich #ust necessarily inure tothe benefit of the other co-debtors e&cept "hen thecause is personal

)dentity of parties- ecause of the unity of the legal tie in solidarity$ although

the solidary debtors may be individually distinct fromeach other$ they constitute legally one and the sameparty "ith the sa#e interest

Article 121ay#ent #ade by one of the solidary debtors e&tinguishes theobligation )f t"o or #ore solidary debtors offer to pay$ the creditor#ay choose "hich offer to accept%/e "ho #ade the pay#ent #ay clai# fro# his co-debtors only theshare "hich corresponds to each$ "ith the interest for the interest forthe pay#ent already #ade% )f the pay#ent is #ade before the debt isdue$ no interest for the inter*ening period #ay be de#anded%

5hen one of the solidary debtors cannot$ because of his insol*ency$rei#burse his share to the debtor paying the obligation$ such shareshall be borne by all his co-debtors$ in proportion to the debt of each%

ay#ent by one of the solidary debtors- ,eleases hi# and his co-debtors fro# liability to the

creditor- 5here debtors are sued and one or se*eral offers to pay$

the one offerer chosen by creditor #ay be substituted inthe SA8E action as plaintiff against his for#er co-debtors

- E&tinction or discharge of the solidary obligation by the

pay#ent #ade by one co-debtor

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o gi*es birth to a ,)/! in fa*or or the paying co-

debtoro and i#poses on the other co-debtors the 7! to

pay hi# their shares in the discharged obligation:other co-debtors no" ha*e a JO)N! obligation tothe debtor-payor;

Effects of pay#ent by solidary debtor

1% bet"een solidary debtors and creditors > e&tinguishes theobligation. creditor :for his protection@@; is gi*en the rightto choose "hich offer to accept$ if there are t"o or #oreoffers

2% a#ong the solidary debtors > after pay#ent of debt$paying solidary debtor can de#and rei#burse#ent fro#his co-debtors. other co-debtors beco#e JO)N! liable tothe debtor payor >but in case one is insol*ent$ all isre'uired to contribute to his share of the rei#burse#ent.NO! liBe in +oint "hen the other debtors do not co*er theshare of the insol*ent

3% a#ong the solidary creditors > recei*ing creditor is +ointly

liable to the others for their corresponding shares4% artial pay#ent > debtor-payor can reco*er fro# his co-debtors only that part "hich he has paid "hich EHCEE7Shis share of the obligation

Article 121(ay#ent by a solidary debtor shall not entitle hi#to rei#burse#entfro# his co-debtors if such pay#ent is #ade after the obligation hasprescribed or beco#e illegal

2 cases "hen rei#burse#ent to the debtor-payor fro# his co-debtors is not allo"ed because the obligation is e&tinguished 6

1% 5hen obligation has prescreibed :art1231 par1;2% 5hen obligation has beco#e illegal :art12KK;- Since obligation is e&tinguished$ no #ore obligation to be

co#plied "ith. debtor-payor cannot co#pel his co-debtorsto pay hi#$ neither can he reco*er fro# the creditor "hathe has paid

- )f obligation no longer e&ists$ Only under the rule on 'uasicontracts #ay the debtor reco*er

Article 121I!he re#ission #ade by the creditor of the share "hich affects one ofthe solidary debtors does not release the latter fro# his responsibility

to"ards the co-debtors$ in case the debt has been totally paid byanyone of the# before the re#ission is effected%

Applies to a case "hen a co-debtor has already paid in fullbefore re#ission of the part affecting another co-debtor is#ade

)nsol*ency after partial re#ission- After re#ission$ the credit "ill be li#ited to the balance% )f

one of the solidary debtors pay the full a#ount of the

balance and later on one of his co-debtors beco#einsol*ent$ is the debtor "hose share "as re#itted re'uiredto contribute to the share of the insol*ent@

- 3 beliefs61% 7ebtor-payor #ay reco*er the share of the insol*ent

fro# the creditor because this is considered included inthe re#ission% !his should be borne by the creditoro not fa*ored in hils bco this *ie" presu#es that

the creditor has re#itted #ore than the share ofthe debtor he fa*ored

o ratuitous acts should be restricti*ely construed

2% ,e#ission by creditor to one debtor does not affect the

obligation of that debtor "ith his co-debtors% /e shouldtherefore contribute to the share of the insol*ent inrei#bursing the debtor-payoro ACCE!E7 in the hils% ecause of the 2 relations in

passi*e solidarity :1; creditor to the debtors and :2;debtors a#ong the#sel*es%

o 5hen a creditor re#its the share of one of the

debtors$ he can only affect that 1 debtor and is onlyco*ered by the first relation. the relation of thedebtors "ith each other is not affected

o Art121 last par go*erns the relations of the co-

debtors "ith each other and is not affected by the

relations of debtors "ith the creditor3% Share of the insol*ent #ust be di*ided in the only

a#ong the the other co-debtors but e&cluding the one"hose share "as re#ittedo Not acceptable it #aBes the re#ission of one

debtor #ore burdenso#e to the other debtors

Article 1220!he re#ission of the "hole obligation$ obtained by one of the solidarydebtors does not entitle hi# to rei#burse#ent fro# his co-debtors

,eason6 debtor "ho obtains re#ission pays nothing to the

creditor$ since re#ission is essentially gratuitous

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!his article applies only "hen the 5/OE obligation isre#itted

Article 1221)f the thing is lost or if the prestation has beco#e i#possible "ithoutthe fault of the solidary debtors$ the obligation shall be e&tinguished)f there "as fault on the part of any one of the debtors$ all shall beresponsible to the creditor$ for the price and the pay#ent of da#agesand interest$ "ithout pre+udice to their action against the guilty ornegligent debtor)f through a fortuitous e*ent$ the thing is lost or the perfor#ance hasbeco#e i#possible after one of the solidary debtors has incurred indelay through the +udicial or e&tra+udicial de#and upon hi# by thecreditor$ the pro*isions of the preceding paragraph shall apply

iability of debtor depends upon "hether or not there is faultor delay

1% )f "ithout fault of debtor and before delay > obligatione&tinguished

2% oss is due to fault of debtora% ault or delay of one is the fault or delay of theothers. all shall be responsible for

i% rice of the ob+ect lostii% lus da#ages and interest

b% Other debtors "ithout fault #ay reco*er fro# theone "ith fault

Article 1222A solidary debtor #ay$ in actions filed by the creditor$ a*ail hi#self ofall defenses "hich are deri*ed fro# the nature of the obligation andof those "hich are personal to hi#$ or pertain to his o"n share% 5ith

respect to those "hich personally belong to the others$ hey #ay a*ailhi#self thereof only as regards that part of the debt for "hich thelatter are responsible%

3 Binds of defenses a*ailable to debtor1% 7eri*ed fro# the nature of the obligation > a co#plete

defense because it nullifies the obligation or renders itineffecti*e

E&a#ples6 fraud$ prescription$ re#ission$ illegality orabsence of consideraton

2% 7efenses personal to$ or "hich pertain to share of debtorsued > #ay be a co#plete or partial defense

a% Co#plete personal defense include insanity$#inority$ fraud$ *iolence or inti#idation

b% artial personal defense are those special ter#sand conditions affecting his part of the obligation$he #ay utilie the# only "ith respect to his part

ut debtor can still be sued for the portionsnot sub+ect to ter#s or conditions$ becausehe is solidarily liable

3% 7efense personal to other debtors > defenses "hich affectthe capacity or the consent of the other solidary debtors

and ter#s and conditions affecting the shares of the othersolidary debtorsa% ut to the debtor-defendant$ this Bind of defense is

only a parial defense > only e&e#pts hi# fro#pay#ent for the part of the obligationcorresponding to the O!/E, debtors "ho ha*e suchpersonal defenses$ NO! !O /)S O5N S/A,E of theobligation

Section F