Pages 160-176

ART. 1209

Joint indivisible obligation.

EXAMPLES:

(1) A, B, and C are jointly liable to give D a car valued at P240,000.00. On the date of delivery,
A and B are willing to deliver but C is not.

In this case, D has no cause of action against C for the delivery of the car because, as a joint-
debtor, C is liable only for a proportionate part of the obligation which is P80,000.00. Since the
object (car) is indivisible, the debt can only be enforced by proceeding against all the debtors for
compliance is not possible unless they act together.

Pursuant to Article 1224 (infra.), the liability is converted into one for damages. So, A, B, and
C will be liable for P80,000.00 each or a total of P240,000.00 which is the value of the car without
increase of responsibility for A and B. C, the unwilling debtor, shall be liable for damages to D for
having violated the obligation.

If A and B suffered damages by reason of the non-fulfillment by C, they may recover them
from C.

Should anyone of the debtors be insolvent, the others shall not be liable for their share. (Art.
1209.) D must wait until the insolvent debtor can pay.

(2) If there are two creditors, say D and E, and one debtor, A, the obligation can be performed
only by delivering the car to them jointly. A (there may be more than one debtor) can insist that
both D and E together accept the car; and if either of them refuses to join the other, A may legally
refuse to deliver the car. He may deposit the car in court by way of consignation. (see Art. 1256.)

If A becomes liable to pay damages for non-performance, D and E can recover only their
respective shares in the indemnity. Neither D nor E may do anything which may be prejudicial to
the other (Art. 1212.) like renouncing or assigning the entire obligation without the consent of the
other. This is so because the obligation is joint, i.e., the credit of D is separate from that of E, and,
therefore, neither D nor E can act in representation of the other.

ART. 1210

Indivisibility and solidarity distinguished.

EXAMPLES:

(1) A and B are jointly liable to deliver to C a particular car. Here, the prestation is indivisible
but the liability of A and B is joint. We have what is called a joint indivisible obligation. (Arts. 1209,
1224.)
 (2) If A and B obliged themselves solidarily to give the car to C, we have a solidary indivisible
obligation — the obligation is indivisible and the liability of A and B is solidary.

To put it in another way, we have a solidary obligation the subject matter of which is
indivisible. In case of breach, even the innocent debtors are liable for the entire indemnity without
prejudice to their right of action against the guilty one. (Art. 1221, par. 2.)

(3) A solidary obligation does not necessarily mean that the obligation is also indivisible. Thus,
where A and B promised in solidum to pay C P10,000.00, we have an example of a solidary divisible
obligation.

(4) Now, if A and B are jointly liable to pay C P10,000.00, what we have is a joint divisible
obligation. Money is divisible.

ART. 1211

Solidarity not affected by diverse stipulations.

EXAMPLE:

A, B, C, and D obliged themselves solidarily to pay E P20,000.00, as follows:

A, to pay by installment at the rate of P1,000.00 a month, to start in July; B, to pay in

September; C, to pay in December; and D, if E passes the CPA examination.

(a) In July, E can demand only P1,000.00 from A. E can also make a demand from B, C, and/or
D the P1,000.00 share corresponding to A. But E cannot recover yet the shares of B, C, and D which
are not yet due and demandable.

(b) In September, E is entitled to collect from any of the solidary debtors the share
corresponding to B which is P5,000.00 and A, P1,000.00 or P3,000.00, if A had not yet paid any
installment. The shares of C and D are not yet recoverable.

(c) In December, E can recover from any of the solidary debtors, the share corresponding to
C in the amount of P5,000.00 plus such amounts from the shares of A and B which have not yet
been paid. The share of D will mature only after E passes the CPA examination.

(d) If E passes the CPA examination, the obligation of D to pay P5,000.00 arises. This amount
can be demanded from any of the solidary debtors. Again, E is also entitled to recover all amounts
which are already due and demandable and unpaid pertaining to the shares of A, B, and C.

(e) If the agreement is that E may demand the entire obligation from B in September, from C
in December, or from D if E passes the CPA examination, then B is liable for P20,000.00 in
September less the amount, if any, already paid by A and D; C is liable for P20,000.00 in December
less the amount, if any, already paid by A, B, and D. D is liable for P20,000.00 if E passes the CPA
examination less the amount, if any, already paid by A, B, and C.

ART. 1212
Act of solidary creditor useful/prejudicial to others.

EXAMPLE:

A owes B and C, solidary creditors, the sum of P2,000.00. B may make a demand for the
payment of the obligation for this will benefit C. Under the law, the prescription of action is
interrupted when they are filed before the court. (Art. 1155.) So also, if B collects from A, C will
be benefited.

In case of remission or condonation effected by B, the obligation will be extinguished but

since C cannot be prejudiced by the remission, B has to reimburse C for the latter’s share. (Art.
1215.)

ART. 1213

NO EXAMPLE

ART. 1214

Payment to any of the solidary creditors.

EXAMPLE:

A is liable to pay B and C, solidary creditors, P10,000. In this case, A may pay either B or C but
if a demand, judicial or extrajudicial, is made by B, payment should be made to B.

If A, nevertheless, paid C P10,000, B is still entitled to his share from A in case C does not turn
over to B the latter’s share. If B and C demanded payment at the same time, A may pay either of
them.

If there are two (2) or more debtors, only the debtor, upon whom demand had been made,
is bound to make payment to the creditor who made the demand.

ART. 1215

Liability of solidary creditor in case of novation, compensation, confusion, or remission.

EXAMPLE:

A, debtor and B, C, D, solidary creditors in the amount of P30,000. If B validly condones the
debt in the amount of P18,000, he shall be liable for P6,000 each to C and D. If B collects P15,000
from A, B must account for the P5,000 share each of C and D.

Effect of novation, etc. where obligation joint.

EXAMPLE:

If the obligation of A in the above example is joint, the condonation will affect only the share
of B in the amount of P10,000. So A is still indebted to C and D in the amount of P20,000.
 In the first example, only P12,000 of the debt remains, the obligation of A to pay the P18,000
condoned having been extinguished.

ART. 1216

Right of creditor to proceed against any solidary debtor.

EXAMPLE:

A, B, and C solidarily owe D the amount of P3,000. D can collect from A or B or C alone, or
from any two of them, or all of them simultaneously.

If demand is made on A, the latter cannot require D to make a demand also on B and C, or to
include them as party defendants, as D has the right to proceed against any one of them.

If A pays D P1,000, the latter can still go against all of them for the balance as long as the debt
has not been entirely satisfied.

ART. 1217

Effects of payment by a solidary debtor.

EXAMPLES:

(1) A, B, and C are jointly and severally liable to D and E in the amount of P3,000.00 due on
January 5.

If both A and B offer to pay D, on January 5, the latter may choose which offer to accept. If A
pays the entire amount of P3,000.00 on January 5, the obligation is extinguished.

(2) The payment by A gives him the right to demand reimbursement from B and C P1,000.00
each with interest from the date of payment. But A is not entitled to reimbursement nor to
interest for any payment made before January 5. The obligation of B and C to reimburse him with
interest will arise only from January 5.

If C is insolvent, both A and B shall bear his insolvency in proportion to their shares. Hence, A
can still ask B to pay an additional sum of P500.00. Of course, A and B can later on recover from C
should the latter’s finances improve.

If, in the same example, A paid only P2,400.00 and B, P600.00, A can recover reimbursement
only to the extent that his payment exceeds his share, so that C is liable to him for P1,000.00 and
B, for P400.00. If C is insolvent, B is liable to pay A P900.00. A is not entitled to reimbursement if
his payment is P1,000 or less.

(3) D, in the above example, has the obligation to give to E his corresponding share in the
credit.

ART. 1218

Effect of payment after obligation has prescribed or become illegal.

 EXAMPLES:

(1) A and B are solidarily indebted to C in the amount of P1,000. The debt prescribed.

If A, nevertheless, paid the debt, he cannot collect from B the share corresponding to the
latter. Neither can A recover from C.

(2) A and B are solidarily bound to deliver 10 carabaos to C for slaughter purposes. Later, the
lawmaking body passed law which prohibits the slaughter of carabaos.

If A, nevertheless delivered the carabaos knowing that the slaughter of carabaos is already
prohibited by law, he cannot get any reimbursement from B because the payment was made
after the obligation had become illegal.

ART. 1219

Effect of remission of share after payment.

EXAMPLES:

(1) A and B are liable in solidum to C in the amount of P1,000.00. C remitted A’s share.
Subsequent payment by B of P1,000.00 to C will not entitle him to reimbursement from A since
the remission extinguished the obligation with respect to A’s share. However, B can demand the
return of P500.00 from C under the principle of solutio indebiti.

If payment by B was made before the remission, A is still liable to B because the remission is
without effect, the obligation having been extinguished already by the payment.

(2) A, B, and C are liable in solidum to D in the amount of P3,000.00. D remitted the share of
A. After paying D P2,000.00, the balance of the credit, B demands reimbursement from C who
became insolvent after the remission.

Is A obliged to contribute to the share of C? Yes. Article 1217 (par. 3.), says that the share of
the insolvent co-debtor “shall be borne by all his co-debtors, in proportion to the debt of each.”
Furthermore, the remission can only refer to the share of A in the obligation and cannot,
therefore, affect his responsibility to contribute to the share of C, the insolvent debtor. A creditor
has no right to alter or modify the rights and obligations of the solidary debtors as among
themselves.

ART. 1220

No right to reimbursement in case of remission.

EXAMPLE:

A and B executed jointly and severally a promissory note for P2,000 in favor of C. C remitted
the whole obligation out of regard for A.
 A here is not entitled to reimbursement from B since A did not pay anything to C. If only
P1,300 is remitted, B is still liable to C for P700. B has no obligation to reimburse A for the P300
of B’s share affected by the remission for the same reason that no payment was made by A.

ART. 1221

Rules in case thing has been lost or prestation has become impossible.

(1) Loss is without fault and before delay. –

EXAMPLE:

A, B, and C obliged themselves solidarily to deliver to D a particular truck valued at

P300,000.00.

The obligation shall be extinguished if the truck is lost or destroyed through a fortuitous event
without the fault of A, B, and C and before they have incurred in delay. (Arts. 1262, par. 1; 1174.)

(2) Loss is due to fault on the part of a solidary debtor. –

EXAMPLES:

(a) If, in the preceding example, the truck was lost through the fault of C, A and B shall also
be responsible to D for the price of the truck as well as damages although A and B were not at
fault at all. A solidary obligation is, in essence, a mutual agency. As far as the creditor is concerned,
the fault or delay of one solidary debtor, shall be the fault or delay of all the solidary debtors.

A and B, however, can recover from C, the guilty or negligent debtor, the full amount of such
price and damages if A and B have already contributed to the price of the truck. (par. 2; Art. 1170.)

If D recovers the price and damages from C, the latter cannot claim reimbursement from A
and B, because he alone was at fault.

(b) Suppose now that the truck in question belonged to C and A and B would contribute
P100,000.00 each as their share in the obligation. If B paid D P300,000.00 plus P10,000.00 as
damages, B can recover the shares of A and C (P100,000.00 each) in the price of the truck. Only C
shall bear the damages of P10,000.00. In this case, the loss of C would be P410,000.00:
P100,000.00 for his share, P10,000.00 for the damages, and P300,000.00, the value of his truck.

In the first example (a) where A and B have already given their shares in the price of the truck,
assuming that P310,000.00 also was paid by B to D, the loss of C would also be P410,000.00:
P310,000.00, the amount paid which he is under obligation to reimburse, and P100,000.00, his
share in the price of his truck. Note that C may also be made liable to pay interest for the payment
made.

(3) Loss is without fault but after delay. –

EXAMPLE:
 If the truck was lost through a fortuitous event but after a demand was made upon C, D can
still recover damages from A or B or both of them without prejudice to the right of action of the
latter against C following the same rule in No. 2.

The default by C makes all of the solidary debtors responsible even for a fortuitous event.
(par. 3; Art. 1170.)