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AS TO SOLIDARITY OF CONTRACTS
Obligations are generally considered as joint except when
otherwise expressly stated or when the law or the nature
of the obligation requires solidarity.
However, obligations arising from tort are by nature always solidary.
In a joint obligation, each obligor answers only for his
part of the whole liability.
In a solidary obligation, the relationship between the
active and passive subjects is so close that each of them
must comply with or demand the fulfillment of the whole obligation.
Liability of Continental specific performance and tort
Liablility of Lim and Mariano only based on tort
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.
Art. 1222 A solidary debtor may, in actions filed by the creditor,
avaiil itself 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 belongs to
others, he may avail himself thereof only as regards that part of the
debt for which the latter are responsible.
CONSIGNATION is the act of depositing the thing due with the court
or judicial authorities whenever the creditor cannot accept or refuses
to accept payment and it generally requires a prior tender of
payment. In order that consignation may be effective,
the debtor must show that:
1) There was a debt due;
2) The consignation of the obligation had been made because the
creditor to whom tender of payment was made refused to
accept it, or because he was absent or incapacitated, or because
several persons claimed to be entitled to receive the amount
due or because the title to the obligation has been lost;
3) Previous notice of the consignation had been given to the
person interested in the performance of the obligation;
4) The amount due was placed at the disposal of the court; and
5) After the consignation had been made the person interested
was notified thereof. Failure in any of these requirements is
enough ground to render a consignation ineffective
It is obvious that the reason for respondents non-acceptance
of the tender of payment was the alleged insufficiency thereof
and not because the said check was not tendered to
respondent, or because it was in the form of managers check.