Ronquillo vs CA Facts: 1. Petitioner Ronquillo was one of the 4 defendants (Ronquillo, Offshore Catertrade, Inc., ohnn!

"an and Pilar "an# filed $! res%ondent Antonio &o for the collection of su' of 'one! ( attorne!)s fees and cost. *. "he su' of 'one! is the value of the chec+s issued $! defendants in %a!'ent of foodstuffs delivered to and received $! the'. ,. On -ece'$er 1,, 1./. 0 In a co'%ro'ise a1ree'ent, Plaintiff Ronquillo a1reed to reduce the clai' fro' P11/,4.2 to P113,333. -efendants a1ree to %a! Ph% 44,333 on or $efore -ec *4, 1./.. -efendants also individually and jointly a1ree to %a! the $alance of P44,333 within a %eriod of 5 'onths or $efore une ,3, 1.23. 4. On -ece'$er *5, 1./., herein %rivate res%ondent &o (then %laintiff# filed a 6otion for 78ecution on the 1round that defendants failed to 'a+e the initial %a!'ent of P44,333.33 on or $efore -ece'$er *4, 1./. as %rovided in the -ecision. &aid 'otion for e8ecution was o%%osed $! herein %etitioner Ronquillo (as one of the defendants# contendin1 that his ina$ilit! to 'a+e the %a!'ent was due to %rivate res%ondent9s own act of 'a+in1 hi'self scarce and inaccessi$le on -ece'$er *4, 1./.. Petitioner then %ra!ed that %rivate res%ondent $e ordered to acce%t his %a!'ent in the a'ount of P1,,/43.33. 4. -urin1 the hearin1 of the 6otion for 78ecution and the O%%osition thereto on anuar! 15, 1.23, %etitioner, as one of the four defendants, tendered the a'ount of P1,,/43.33, as his %ro rata share in the P44,333.33 initial %a!'ent. Another defendant, Pilar P. "an, offered to %a! the sa'e a'ount. :ecause %rivate res%ondent refused to acce%t their %a!'ents, de'andin1 fro' the' the full initial install'ent of P44,333.33, %etitioner and Pilar "an instead de%osited the said a'ount with the Cler+ of Court. "he a'ount de%osited was su$sequentl! withdrawn $! %rivate res%ondent. 5. On the sa'e da!, anuar! 15, 1.23, the lower court ordered the issuance of a writ of e8ecution for the $alance of the initial a'ount %a!a$le, a1ainst the other two defendants, Offshore Catertrade, Inc. and ohnn! "an, 4 who did not %a! their shares. /. On anuar! **, 1.23, %rivate res%ondent 'oved for the reconsideration and;or 'odification of the aforesaid Order of e8ecution and %ra!ed instead for the <e8ecution of the decision in its entiret! a1ainst all defendants, =ointl! and severall!.< Petitioner o%%osed the said 'otion ar1uin1 that under the decision of the lower court $ein1 e8ecuted which has alread! $eco'e final, the lia$ilit! of the four (4# defendants was not e8%ressl! declared to $e solidar!, consequentl! each defendant is o$li1ed to %a! onl! his own %ro>rata or 1;4 of the a'ount due and %a!a$le.

Issue: ?hether or @ot the Aia$ilit! of the defendant is oint, &everal or &olidar!B

Celd: @CC <Art. 1*3/. "he concurrence of two or 'ore de$tors in one and the sa'e o$li1ation does not i'%l! that each one of the for'er has a ri1ht to de'and, or that each one of the latter is $ound to render, entire co'%liance with the %restation. "here is a solidar! lia$ilit! onl! when the o$li1ation e8%ressl! so states, or when the law or the nature of the o$li1ation requires solidarit!. @CC Art. 1*32. If fro' the law, or the nature or the wordin1 of the o$li1ation to which the %recedin1 article refers the contrar! does not a%%ear, the credit or de$t shall $e %resu'ed to $e divided into as 'an! equal shares as there are creditors and de$tors, the credits or de$ts $ein1 considered distinct fro' one another, su$=ect to the Rules of Court 1overnin1 the 'ulti%licit! of suits.<

:! the e8%ress ter' of the co'%ro'ise a1ree'ent and the decision $ased u%on it, the defendants o$li1ated the'selves to %a! their o$li1ation <individuall! and =ointl!<.

"he ter' <individuall!< has the sa'e 'eanin1 as <collectivel!<, <se%aratel!<, <distinctivel!<, res%ectivel! or <severall!<. An a1ree'ent to $e <individuall! lia$le< undou$tedl! creates a several o$li1ation, and a <several o$li1ation< is one $! which one individual $inds hi'self to %erfor' the whole o$li1ation

"he o$li1ation in the case at $ar $ein1 descri$ed as <individuall! and =ointl!<, the sa'e is therefore enforcea$le a1ainst one of the nu'erous o$li1ors