JOINT AND

SOLIDARY
OBLIGATION
(Part 1)
PRESENTED BY:
Tamang, Sherwin
Duclayan, Key Anne
Lim, Patricia Joy
Ramirez, Rovelyn Ann Grace
Torres, Roey Liz
CONCEPTS AND SYNONYMS OF JOINT
AND SOLIDARY OBLIGATIONS
Kinds Of Obligations According To The Number Of Parties:

 Individual Obligation

- One obligor/ obligee

 Collective Obligation

• - Two or more debtors/ creditors

• - May be Joint/ Solidary

• Article 1207 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.

• SOLIDARY OBLIGATION
- Each one of the debtors is bound to render/ or each one
of the creditors has a right to demand from any of the
debtors, entire compliance with the prestation. (Art.
1207)

*Passive/solidarity on the part of the debtor

*Active/solidarity on the part of the creditor
KINDS OF SOLIDARITY
According to the parties bound:
* 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)
-Tremendous burden on the part of the debtor

* 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 with power to
exercise the rights of others in the same manner as their own
rights)
- Tremendous right on the part of the creditor
Mixed Solidarity
- Solidarity on the part of the debtors or creditors, where
each one of the debtors is liable to render, and each one of
the creditors has the right to demand, entire compliance
with the obligation.
- On the part of both creditor and debtor
According to source:
*Conventional Solidarity
- When the obligation itself expressly provides for solidarity, for
the burdens now assumed voluntarily by the debtor/s who are
supposed to take care of their own concerns and affairs.
- Agreed upon parties

*Legal Solidarity
- When the law expressly provides for solidarity for which the
law has its own legal reason for the imposition of solidarity.
- Imposed by law

*Real Solidarity
- When the nature of the obligation requires solidarity.
- Imposed by nature of solidarity
SOLIDARY NOT PRESUMED
• Article 1209 If the division is impossible, the right of the
creditors may be prejudiced only by their collective acts,
and the debt can be enforced only by proceeding against
all the debtors. If one of the latter should be insolvent,
the others shall not be liable for his share.
• Article 1209 applies to joint indivisible obligation because
the prestation or object is not susceptible of division, and
solidarity is not provided.

Solidary obligation is never presumed. The main reason for

this is that solidarity gives huge right to the creditor to
demand full compliance of the obligation from any of the
debtors.
Words used to indicate Solidary
Obligation (Synonyms)

• “Jointly and/ or severally”

• “solidaria”
• “in solidum”
• “Together and/ or separately”
• “Individually and/ or collectively”
• “juntos o separadamente”
• “Each to pay the whole value”
• “I promise to pay” signed by two or more
persons
Article 1208 If from the law, or the nature or the
wording of the obligations to which the preceding
article refers the contrary does not appear, the credit
or debt shall be presumed to be divided into as many
shares as there are creditors or debtors, the credits
or debts being considered distinct from one another,
subject to the Rules of Court governing the multiplicity
of suits

• JOINT OBLIGATION
- Whole obligation is to be paid/ fulfilled
(proportionately) by different debtors or demanded
(proportionately) by different creditors. This is the
presumption in all collective obligation unless
solidarity is expressly stated (Art. 1208)
Collective obligation
presumed to be joint
1. No problem in the determination of:
a) Person liable to pay
b) Person entitle to demand payment
c) Extent of the liability of the debtor
d) Extent of the liability of the creditor

2. Where there is plurality of parties and the share

of each of the obligation is specified.

3. When it is not specified, we follow that

• There are as many debts as there are debtors
• There are as many credits as there are creditors
• The debts and / or credits are considered distinct
and separate from one another
• Each debtor is liable only for a proportionate
part of the debt
• Each creditor is entitled only to proportionate
part of the credit
Words used to indicate Joint
Obligation (Synonyms):
• “mancomunada”
• “mancomunadamente”
• “pro rata”
• “proportionately”
• “we promise to pay” signed by two or more
persons
WHEN AN OBLIGATION IS
SOLIDARY
• Solidary obligation is not lightly inferred. Under
Article 1207, there is solidary obligation only
when:
a) when the obligation expressly so states/
stipulation of the parties to the contract
b) the law requires solidarity/ by law
c) the nature of the obligation requires
solidarity
DISJUNCTIVE OBLIGATION
A disjunctive obligation is a group of obligations
wherein one obligation must be performed for
someone to make good on a contract. When
disjunctive obligations are structured into a
contract, one of them must be delivered in order
to satisfy the terms of the contract, unless an
alternate arrangement is made.
CONCEPT AND
CHARACTERISTICS OF JOINT
INDIVISIBLE OBLIGATION
The obligation is joint because the parties are merely
proportionately liable. It is indivisible because the object
or subject matter is not physically divisible into different
parts. In other words, it is joint as to liabilities of the
debtors or right of the creditors but indivisible as to
compliance.

Example:
• A, B and C are jointly liable to give D a car valued at
240,000 pesos. On the date of delivery, A and B are
willing to deliver but C is not.
DIFFERENCE OF INDIVISIBLE
FROM SOLIDARITY
The differences are:
1. Indivisibility refers to the prestation while solidarity refers to
the juridical or legal tie that bind ties;
2. In indivisible obligation, only the debtor guilty of breach of
obligation is liable for damages (Art. 1209, 1224), while in
solidary obligations, all of the debtors are liable for the
breach of the obligation committed by a debtor (Art. 1221);
3. Indivisibility can exist although there is only one debtor and
one creditor, while in solidarity, there must be at least two
debtors or two creditors (Art. 1207, 1208); and
4. In indivisible obligations, the others are not liable in case of
insolvency of one debtor, while in solidary obligations, the
other debtors are proportionately liable. (Art 1217)
Art. 1210. The indivisibility of an obligation does
not necessarily give rise to solidarity. Nor does not
solidarity itself imply indivisibility.
• The first sentence simply means the liability in an
indivisible obligation may be either joint or solidary.
The second sentence only means that in a solidary
obligation, the subject matter may be divisible or
indivisible.
MUTUAL AGENCY RULE
The shared rights and authority of partners
derived from a partnership agreement to act as
agents on behalf of one another in the conduct of
business operations including entering into
binding business and legal agreements. Partners
are also principally responsible for the acts of one
another.
ASSIGNMENT BY SOLIDARY
CREDITOR OF HIS RIGHTS
• A solidary creditor cannot assign his rights without the
consent of the others. (Art. 1213)
• In the absence of consent given by the others, a
solidary creditor cannot assign his rights to a third
person. The reason behind this probition is that each
creditor represents the others and the assignee may
not have the confidence of the original creditors
considering that the assignee after receiving the
payment may not give the shares of the others.
• If the assignment is made to a co-creditor, the consent
of the other creditor is not necessary.
WHOM WILL THE DEBTOR
PAY?
Article 1214. The debtor may pay any one of the
solidary creditors; but if one of them has made
any demand, judicial or extrajudicial, payment
should be made to him. (1142a)

• The debtor may pay any of the solidary creditors

only because solidary creditors can’t assign their
rights to anyone without the consent of the
others. But if demand has been made by one of
them, payment should be made to him.
CONCEPT AND EFFECT OF
NOVATION
• Art. 1215. Novation, compensation, confusion or
remission of the debt, made by any of the solidary
creditors or with any of the solidary debtors, shall
extinguish the obligation, without prejudice to the
provisions of Article 1219.
The creditor who may have executed any of the acts,
as well as he who collects the debt, shall be liable to
the others for the share in the obligation
corresponding to them.

• Novation
• Extinguishment of obligation by creating/
substituting a new one in its place
The obligations may be modified by:
• changing object or principal conditions
• substituting person of debtor
• subrogating 3rd person in right of creditor
EFFECT OF NOVATION
1. Total or extinctive
– when the old obligation is completely
extinguished; or
2. Partial or modificatory
– when the old obligation is merely modified, i.e.,
the change is merely incidental to the main
obligation
EFFECTS OF COMPENSATION
• Compensation
• It is the extinguishment to the concurrent amount of
the debts of two persons, who in their own right, are
debtors and creditors of each other.
• As it is defined in the dictionary, it is the right to set off
one debt against another with the effect of reducing
the one by the amount of the other. The right is not
available after decree. It applies only to liquid debts
or, at the discretion of the court, debts easily made
liquid.
Effects of Compensation
1. Total
• When both obligations are of the same
amount and are entirely extinguished
2. Partial
• When the two obligations are of different
amounts and a balance remains. The
extinctive effect of compensation will be
partial only as regards the larger debt
EFFECTS OF REMISSION
• Remission
• Also known as condonation, is the
gratuitous abandonment by the creditor
of his right against the debtor.
EFFECTS OF REMISSION
1. After payment of share
• If payment has been made prior to the
remission by the creditor, then it has no effect.
• From Article 1219
• If the remission by the creditor is made prior
to the payment of the debt, then it frees the
obligor from paying his share but it does not
affect his responsibility to his co-debtor.
2. No right to reimbursement
• From Article 1220
• The Article applies only when the remission
covers the entire obligation and is obtained by
one of the solidary debtors without spending
anything for its grant.
• In case the remission is only partial, the
solidary debtor who paid the unremitted part
of the obligation id entitled to reimbursement
with respect only to the amount he actually
paid.
REFERENCES
• De Leon, H.S., De Leon, H.M.. (2014). The Law On Obligations And Contracts.
Manila: REX Book Store
• Article 1219. (2016, March 25). Retrieved from
https://lspuoblicon2015.wordpress.com/2016/03/25/art-1219/
• Article 1220. (2016, March 25). Retrieved from
https://lspuoblicon2015.wordpress.com/2016/03/25/article-1220/
• Compensation as Extinguishment of Obligation. (No Date). Retrieved from
http://www.batasnatin.com/law-library/civil-law/obligations-and-
contracts/2343-compensation-as-extinguishment-of-obligation.html
• Article 1281. (2016, March 25). Retrieved from
https://lspuoblicon2015.wordpress.com/2016/03/25/article-1281/
• Article 1213. (March 25, 2016). Retrieved from
https://lspuoblicon2015.wordpress.com/category/i-obligations/chapter-3-
different-kinds-of-obligations/section-4-joint-and-solidary-obligations/page/3/
Mutual Agency. (March 04, 2017). Retrieved from
http://www.investorwords.com/19133/mutual_agency.html
• Article 1215. (March 12, 2017). Retrieved from
http://www.pinoylawyer.org/t677-novation