Chapter 3, Sec.4: Joint and Solidary Obligations

Chapter 3, Sec.
4: Joint and Solidary Obligations
I.DEFINITIONS
1. Joint Obligation - this is the kind of obligation where each debtor is liable only for a part
of the whole liability and to each creditor shall belong only a part of the correlative rights.
2. Solidary Obligation – this is the kind of obligation where a debtor is answerable for the
whole of the obligation without prejudice to his right to collect from his co-debtors the
latter’s shares in the obligation.
3. Active solidarity – which is the solidarity on the part of the creditors.
4. Joint indivisible obligation – in a joint indivisible obligation, there is plurality of debtors,

compliance can only be enforced by proceeding against all of them. If one of them failed
in his undertaking, the obligation could no longer be fulfilled because the prestation or
object is an indivisible one. Division is not possible in indivisible prestation.
5. Solidary divisible obligation – prestation is divisible but liability is solidary.
II. DISCUSSIONS
1. If there are two (2) or more debtors in one and the same obligation, is their liability joint
or solidary? Explain.
Answer: According to Art. 1207, the concurrence of two or more creditors or two or
more debtors in one and same obligation does not imply that each own of the latter is
bound to render, entire compliance with the prestation. There is a solidary liability only
when the obligation expressly so states, or when the law or the nature of the obligation
requires solidarity.
2. In case of active solidarity, to whom shall the debtor or debtors make payment?
Answer: According to Art. 1214, the debtors may choose which creditor to pay;
however, if a creditor makes a demand, then the payment shall be made to him.
3. Give the effect of the condonation or remission of a debt by one of the several creditors
where:
(a) The obligation is joint;
- According to Art. 1215, the condonation will only affect the share of the certain
debtor. The obligation will not be extinguished, and the other co-debtors will still
have to comply with their proportionate shares.
(b) The obligation is solidary;
- According to Art. 1215, the part of the obligation which is condoned or remitted
shall be extinguished. It is now the responsibility of the creditor who made the
condonation/remission to be liable to his co-creditors for their corresponding
shares.
4. In case a remission is made by a creditor of the share of one of the solidary debtors, is
the said debtor released from responsibility to his co-debtor/s? Explain.
Answer: According to Art. 1219, the debtor is not released from his responsibility to his
co-debtors. If one of the co-debtors would become insolvent, he still has the
responsibility to share in the payment of the insolvent debtor.
5. Suppose a solidary debtor obtained remission of the whole obligation, is he entitled to

reimbursement from his co-debtor/s? Explain.
Answer: According to Art.1220, the debtor is not entitled to reimbursement from his co-
debtors. The remission of the entire obligation is essentially gratuitous, and he paid
nothing, thus, he shall not be reimbursed.
III. PROBLEMS
Explain or state briefly the rule or reason for your answer.
1. X,Y, and Z bind themselves to pay W P30,000. Only X received the money as per
agreement between X,Y, and Z. On the due date of the obligation, has W the right to
demand the full payment of P30,000 from Z alone?
Answer: No. According to Art. 1207, if the obligation does not state solidarity, then it is a
joint obligation. And if it is a joint obligation, Z is only liable up to his proportionate share
of P10,000, thus, W cannot demand from Z the whole P30,000.
2. X,Y, and Z promised to pay W solidarity P30,000 on or before September 10 without

need of demand. On September 9, X paid the whole P30,000 to W.
Answer: According to Article 1217:

(a) How much can X collect from Y and Z?
- X can collect from Y and Z only the share corresponds to them, which is P10,000
each.
(b) May X collect interest from Y and Z?

- X cannot collect interest because payment was made before the debt was due.
(c) Suppose Z turns out to be insolvent, how much can X collect from Y?
- If Z becomes insolvent. X can collect from Y his share plus half of Z’s share,
which is P15,000.
3. A owes B and C, solidary creditors, the sum of P20,000:
(a) Can C condone the debt without the consent of B?

- According to Article 1212, C can condone the debt without B’s consent. However,
he shall be liable to B and must reimburse B’s share.
(b) Can C assign his rights without the consent of B?

- According to Article 1213, C cannot assign his rights to another person without
B’s consent. However, if there are 3 creditors, (B,C, and D) C can assign his
rights to D even without B’s consent.
4. A, B and C are solidarily liable to D. For their failure to pay, D filed a complaint in court
but only against C. Has C the right to demand that A and B also included as party
defendants?
Answer: According to Art. 1216, C has no right to demand from D to include A and B as
party defendants because C, as a solidary debtor can be compelled to pay for the entire
obligation.
5. A, B and C, co-owners, sold a printing equipment to D. They solidarily bound themselves

to deliver the equipment on a certain date. Through the fault of C, the equipment was
completely destroyed. Give the rights and obligations of the parties.
Answer: According to Art. 1221, as far as D is concerned, A, B and C are all liable for
the price of the printing equipment as well as damages. A and B can recover from C
since it was through his fault that the object was destroyed. If C paid for the price and
damages, he cannot ask for reimbursement from A or B.

Chapter 3, Sec.4: Joint and Solidary Obligations

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Chapter 3, Sec.

4: Joint and Solidary Obligations

3. Active solidarity – which is the solidarity on the part of the creditors.

4. Joint indivisible obligation – in a joint indivisible obligation, there is plurality of debtors,

5. Solidary divisible obligation – prestation is divisible but liability is solidary.

5. Suppose a solidary debtor obtained remission of the whole obligation, is he entitled to

Explain or state briefly the rule or reason for your answer.

2. X,Y, and Z promised to pay W solidarity P30,000 on or before September 10 without

Answer: According to Article 1217:

(b) May X collect interest from Y and Z?

(a) Can C condone the debt without the consent of B?

(b) Can C assign his rights without the consent of B?

5. A, B and C, co-owners, sold a printing equipment to D. They solidarily bound themselves

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