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 ± one in which each of the solidary debtors are liable only for a proportionate part of the debt, and
each creditor is entitled only to a proportionate part of the credit.

 Gach creditor can recover only his share of the obligation, and each debtor can be made to pay only
his part

 ^

 

  
 
 

 u 
  
by 2 or more signers and no other words used to indicate the character of the
liability)

£ 

 

 ± is one in which the debtor is liable for the entire obligation, and each creditor is entitled to
demand the whole obligation.

 Gach creditor may enforce the entire obligation, and each debtor may be obliged to pay it in full.

 ^

    

   
 

 u
  
 

 º 
  
followed by the signatures of 2 or more persons)


   
   


    


   

 

½
  

 
  ± when two persons are liable under a contract or under a judgment, and no words
appear in the contract of the judgment to make each liable for the entire obligation, the presumption is that their
obligation is joint or mancomunada, and each debtor is liable only for a proportionate part of the obligation.

G G
 


|. the demand by one creditor upon one debtor, produces the effects of default only with respect to the creditor who
demanded and the debtor on whom the demand was made but not with respect to the others
2. the interruption of prescription by the judicial demand of one creditor upon a debtor, does not benefit the other
creditors nor interrupt the prescription as to other debtors
3. the vices of each obligation arising from the personal defect of a particular debtor or creditor does not affect the
obligation or rights of others
ë. the insolvency of a debtor does not increase the responsibility of his co-debtors, nor does it authorize a creditor
to demand anything from his co-creditors
5. in joint divisible obligations, the defense of res judicata is not extended from one debtor to another

Ú G G 

|. when there is an express stipulation in the contract that the obligation is solidary, or words having the same
effect as used
2. when a charge or condition is imposed upon heir or legatees, and the testament expressly makes the
charge or condition as in solidum
3. when the law expressly provides for solidarity of the obligation of several obligors [check pp 220]
ë. when a solidary responsibility is imposed by a final judgment upon several defendants
5. when the nature of the obligation requires solidarity

 an obligation is presumed to be joint unless solidarity has been agreed upon

 solidarity liability : articles | -22, civil code


G
 

Úhen there are two creditors designated disjunctively:

|. application of the rules of  
     
±entitles the debtor to choose the creditor whom he would
pay
 application of the rules of     ± entitles either one of the creditors to demand full payment, and the
debtor cannot refuse to pay the creditor who makes the demand by alleging that the he chooses to pay the
other creditor


               , as it is more conducive to the fulfillment of the
obligation 

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 ± when there are several debtors, but the prestation is indivisible (e.g. delivery of a
house), the obligation is joint, unless the solidarity has been stipulated.

 ts fulfillment requires the concurrence of all the debtors, although each for his part

 ]n the side of the creditors, collective action is expressly required for acts which may be prejudicial

å

  


 ± if there are several creditors and only one debtor, the obligation can be performed only by
delivering the object to all the creditors jointly.

 c debtor who delivers the thing to one creditor only, becomes liable for damages because of non-
performance to other creditors, unless they have authorized the formers to receive payment for all of
them

 f only one or some of the creditors demand the prestation, the debtor may legally refuse to deliver to
them; he can insist that all creditors together receive the thing and if any of them refuses to join the
others, he may deposit the thing in court by way of consignation




  å



  ± an act which would ordinarily interrupt prescription, effected by one creditor or
against one of the debtors is not valid and has no effect; as long as the obligation is joint, the act of one creditor
cannot have any effect as to another creditor, because the credit of each one is separate from the credits of others.
[  
 
   

å

  
 ± where the plurality of subjects is among the debtors, the indivisible obligation can be
performed by them only by acting together. f any of the debtors is not willing to perform, the prestation is converted
into an indemnification of damages.

 mhe obligation
 when there are several debtors, is a joint indivisible obligation.

 åartial performance is equivalent to a total non-performance

c


m
        
 

  
 
   %
   
 
     

* ndivisibility refers to the prestation which is not capable of partial performance, while solidarity refers to the legal
tie or vinculum defining the extent of liability
* Úhen there are various creditors or debtors, the obligation is joint even if performance is indivisible.

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  '(

A   

|.   ± one that exists among the creditors

2.
  ± one that exists among the debtors
3.   ± both on the part of the creditor and debtor

c
 £ 


 ± essence consists in the authority of each creditor to claim and enforce the rights of all, with the
resulting obligation of paying everyone that belongs to him; there is mutual representation (hence, mutual agency)
G 

|. since it is a reciprocal agency, the death of a solidary creditor does not transmit the solidarity to each of his
heirs but to all of them taken together
2. each creditor represents the others in the act of receiving payment, and in all other acts which tend to
secure the credit or make it more advantageous.
3. one creditor does not represent the others in such acts as novation, compensation, remission.
ë. the credit and its benefits are divided equally among the creditors, unless there is an agreement among
them to divide differently
5. the debtor may pay to any solidary creditor, but if a judicial demand is made on him, he must pay only to the
plaintiff
6. each creditor may renounce his right even against the will of the debtor, and the latter need not thereafter
pay the obligation to the former

å
 £ 


  ± essence is that each debtor can be made to answer for the others, with the right on the
debtor-payor to recover from the others their respective shares

G 

|. each debtor can be required to pay the entire obligation; but after payment, he can recover from the co-
debtors their respective shares
2. the debtor who is required to pay may set up by way of compensation his own claim against the creditor
(effect the same as payment0
3. the total remission of the debt in favor of a debtor releases all the debtors; but when this share affects only
the share of one debtor, the other creditors are still liable for the balance of the obligation
ë. all the debtors are liable for the loss of the thing due, even if such loss is caused by the fault of only one of
them, or by fortuitous event after one of the debtors has incurred in delay
5. the interruption of prescription as to one debtor affects all the others; but the renunciation by one debtor of
prescription already had does not prejudice the others because the extinguishment of the obligation by
prescription extinguishes also the mutual representation among the solidary debtors
6. the interests due by reason of the delay of one of the debtors are borne by all of them

 

 


 legal bonds in solidarity may be 
 (debtors are bound by the same conditions and clauses) or 

    (where the obligors, although liable for the same prestation, are nevertheless not subject to same
terms and conditions) [check pp 22 ]

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 each solidary creditor may interrupt prescription, constitute the debtor in default of bring suit so that the obligation
may produce interest


 c



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 the solidary creditor is an agent of the others; hence,he cannot assign that agency to a third person without the
consent of the other creditors.

 ^utual agency, which is the essence of active solidarity implies mutual confidence

 mhe law implies that since assignments cannot be made, it produces no effect whatsoever; the co-creditors and
the debtors are not bound thereby, and the assignee cannot be regarded as a solidary creditor

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 the solidary creditor are tacitly mutual representatives of each other for demanding payment.

 mhe equality of the rights of the solidary creditors by virtue of this mutual representation lasts only until one of
them goes ahead of the others and sues the debtor.

 Úhen one creditor makes a judicial demand, the tacit representation is by the other creditors is considered
revoked, and during the pendency of the action, the creditors who did not sue lose their representation of others.

G  
  G  

 Gxtra judicial demand has the same effect as judicial demand in terminating the mutual representation among
solidary creditors and concentrating the agency in the creditor who made the demand. 

G  
GG 
G  

 if all or several solidary creditors demand payment separately, the debtor should pay to the one who
first notified him.

 f the creditors demand at the same time or collectively, the debtor preserves his right to choose and
may pay anyone of those demanding payment

^
   


 ± when one creditor makes a demand upon one of the debtors, the latter cannot pay to any other
creditor but one who made the demand

c


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m

 
 





 




 

  
 
 



 
 
  
  
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 mhe debtor who effects the novation cannot, by himself, bind the others to a new debt without their consent

 V 
 -the act of either replacing an obligation to perform with a new obligation, or replacing a party to an
agreement with a new party

 Î : the mere extension of time for payment given by the creditor to a solidary debtor does not release others
from the obligationÊ

 

   the delivery of a specific object as a substitute for the performance of the obligation. f it
is not immediately effected, but it is in the form of a promise, it amounts to a novation. 

 ^

    
 - when the merger and compensation is partial, and there is doubt as to what
part of the debt it should be applied, the rules on application of payments shall apply. 

 ï

 - when one creditor makes a remission, it extinguishes the obligation in the amount and to the
extent in which it is made; but the co-creditor who made the remission becomes liable to his co-creditors for his
share. [check pp 23 ]

G    considered from 2 aspects:

|. the relation between the creditors and debtors ± any of the acts will extinguish the obligation, so that no
creditor may thereafter sue any debtor (except in novation, where there may be no change or only partial
change of the parties); as among creditors ± the act of any one of them in extinguishing the obligation with
respect to the debtor or debtors does not prejudice the rights of the other creditors to recover their
respective shares from the creditor who effected the acts
2. the relations among debtors themselves - the co-debtor as to whom the obligation was extinguished cannot
recover from his other co-debtors more than their respective shares in whatever he may have given up or
lost as the consideration for the extinguishment of the obligation

c
 

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£     

|. a solidary debtor, like a surety, stands for some person

2. both debtor and surety, after payment may require that they reimbursed

 
 


|. a solidary debtor is liable not only for his co-debtor¶s obligation but also for his own (both a principal debtor
and a surety)
2. a solidary debtor¶s responsibility for his co-debtor is primary, not subsidiary
3. an extension of time given by the creditor to a debtor would not release a solidary co-debtor but would
release a solidary guarantor or surety

 article applies only to solidary obligations, not to joint ones

 the solidary debtors may be sued simultaneously in one suit or successively in different actions

 the judgment adverse to a solidary creditor can be set up against the other co-creditors in subsequent actions
unless it is founded on a cause personal to the plaintiff in the first action

 Gxception: the co-creditors are not affected if the judgment is based on a cause personal to the plaintiff

 f the one of the solidary debtors is insolvent, the other debtors can still be sued until the debt is paid

 mhe judgment against one debtor cannot be enforced against the others; a new action must be filed
against the latter

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* åayment by one of the solidary debtors and his subsequent release from liability results in the release from
liability of the other debtors to the creditor.
* Úhen a solidary co-debtor pays the entire obligation there is no real case of subrogation, because the original
obligation is extinguished and a new one is created.
* f a solidary debtor pays the obligation in part, he can recover reimbursement from the co-debtors only in so far
as his payment exceeded his share of the obligation.
* Úhen a solidary debtor pays the entire obligation, the resulting obligation of the co-debtors to reimburse him
becomes joint.
* f one cannot pay because of insolvency, and cannot pay his share in the reimbursement, the others (including
the one who paid) shall bear such share proportionately.

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 cfter the obligation has prescribed or has become illegal, it is no longer due, and none of the solidary debtors
can be compelled by the creditor to pay.

 f one of the debtors actually pay such an obligation, he does not thereby revive the as the co-debtors; hence
they cannot be made to pay anything to the debtor who has paid.

c
 
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.
  


  

   






  



'1

 cpplies to a case where a co-debtor has already paid the obligation in full when the remission of the part
affecting another debtor is made.

 mo exempt the co-debtor whose part is thus subsequently remitted will give way to fraud.

 cfter one solidary debtor has paid the entire obligation, it is extinguished, and there is nothing more to remit,
even partially.

 cfter the creditor has made a remission of the share of one solidary debtor, the credit will be limited to the
balance [check pp 2ë6]

c

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  .
 

c



  

  

   

  


 
 
 
 

   

  





 
 

 

 
 

 
 



 
 

 
 
 
 
   
  
 
 
 

      

 
     
 

  

  
 
 
 

 
   
 
  
   
    
 

 

  


   '

 Gffects provided for in the article is limited to the case of non-performance because of the loss of a thing or
impossibility of the prestation that is due.

 f the loss or impossibility is due to fortuitous event, without fault or delay on the part of any debtor, then the
obligation is extinguished; no debtor can be held liable for damages.

 f the loss or impossibility is due to the fault of any solidary debtor, or due to fortuitous event after a debtor has
incurred in delay, the obligation is converted into an obligation to pay indemnity, consisting of the price, damages
and interest.

 f the thing is not lost or the prestation has not become impossible, but there is delay, fraud, fault or negligence,
or some other breach of the obligation, the creditor may also recover indemnity of damages from any of the
solidary debtors.

 Úhen there is loss or impossibility of performance ± the guilty debtor bears the entire burden of the indemnity

 Úhere there is no loss or impossibility of performance ± even the debtors who are free from delay must bear a
part of the price of thing, but the guilty debtor shoulders the damages exclusively.

c


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G GG   G


|. defenses derived from the nature of the obligation

2. defenses personal to the debtor-defendant
3. defenses personal to the other solidary debtors
 G GG  GG  
 [those connected with the obligation and are derived from its nature; constitute a total
defense]

|. the non-existence of the obligation because of illicit cause or object, or absolute simulation
2. nullity due to defect in capacity or consent of all debtors, such as minority, fraud or violence
3. unenforceability because of lack of proper proof under the statute of frauds
ë. non-performance of suspensive condition or non-arrival of period affecting the entire obligation
5. extinguishment of the obligation
6. all other means of defense which may invalidate the original contract from which the right of action of the
creditor against the debtor arises (res judicata, prescription, etc.]

G GGåG  G
G !may be partial or total such as minority, insanity, fraud, violence or intimidation

c


m
           
   


    
 

 

 


 
 
 
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+ m 
'$


   

a thing is considered indivisible when, if divided into parts, its value is diminished disproportionately.

^ay be qualititative (the thing is not entirely homogeneous, such as inheritance) or quantitative (parts in themselves
may be separated) or ideal (when parts are not separated in a material way, but they are assigned to several
persons to the undivided portions pertaining to them such as co-ownership)




 

  ± one which is susceptible of partial performance; the debtor can legally perform the
obligation by parts and the creditor cannot demand a single performance of the entire obligation.




 

 ± when it cannot be validly performed in parts.













 ± refers to the performance of the prestation and not to the thing which is the object
thereof.

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 n case of non-performance by any of the debtors, the obligation is converted into a liability for losses and
damages.

 f one of the debtors is insolvent or fails to pay his share, the others will not be liable for his share.

 amages can be recovered from the debtor who failed to perform.

 mhe entire liability for other damages is shouldered by the defaulting debtor.
    
 
 

£ 


  




 
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ï    

   
                  
     
 

   
   
     
   
 
    
 
   

 
   
 
       
 


  
       
      
    

c


3
 
 
 

   
      
 
 
   

  
  

 
 

 



 
    


* mhe divisibility of the object does not necessarily determine the divisibility of the obligation. mhe test of divisibility
of an obligation is whether or not it is susceptible of partial performance.
* mhe obligation may be indivisible by reason of the provisions of the law, of the express will of the parties, or of
their presumed will, shown by the relation of the distinct parts of its objects, each of which may be a necessary
complement of the others, or by the purpose of the obligation which requires the realization of all the parts.


 GG  GGGÚ G G 

  
G

|. the will or intention of the parties, which may be expressed or presumed

2. the objective or purpose of the stipulated prestation
3. the nature of the thing
ë. the provisions of the law affecting the prestation

*

       

 

   "  




  
 


|. where the obligation has been substantially performed in good faith, the debtor may recover as if there had
been complete performance, minus the damages suffered by the creditor (art. |23ë)
2. when the creditor accepts performance, knowing its incompleteness and without protest

* divisible and indivisible obligations are not necessarily identical to severable and entire contracts; whether a
contract is entire or severable depends in general upon the consideration to be paid, not on its object.
* f consideration is single ± entire
* f consideration is expressly or by implication apportioned ± severable
* f the contract is severable and one part is illegal ± the part which is illegal is void and cannot be enforced, but
that part which is legal is enforceable
 c
 
  




   

 
 


 


  
 
 

    
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m

 




  

 


   "
0+

å  ± is an accessory undertaking to assume greater liability in case of breach. t is attached to an
obligation in order to insure performance. Îenerally ± sum of money but it can also be any other thing stipulated by
the parties (including an act or abstention)

 
 


|. to provide for liquidated damages

2. to strengthen the coercive force of the obligation by the threat of greater responsibility in the event
of breach

  

|. 





 ± non-performance, only the penalty is asked
2. 


 ± both the principal undertaking and the penalty may be demanded


 :

|. 
  ± the question of indemnity for damages is not resolved but remains subsisting
2.


 ± the matter of damages is generally resolved, and it represents the estimate of the damages
that a party might suffer from non-performance of obligation

*    



  


   
      


* there is no difference between a penalty and liquidated damages; treated as the same legally
* the creditor cannot recover more than the penalty stipulated, even if he proves that the damages suffered by him
exceed in amount of such penalty
* when the penalty stipulated is not contrary to law, morals, or public order, it must be enforced against the party
liable.

 G
G GåG       

       #

|. when there is express provision to that effect

2. when the debtor refuses to pay the penalty
3. when the debtor is guilty of fraud in the non-fulfillment of the obligation

 enforcement of the penalty can be demanded by the creditor only when the non-performance is due to fault or
fraud of the debtor.

 Von-performance gives rise to the presumption of fault


 ebtor has burden of proving an excuse ± due to force majeure or to the acts of the creditor himself.

 mhe principal obligation may be joint, and yet the penalty may either be joint or solidary, depending upon the
agreement of the parties.

 G  
  

  

 

 

  


  

m     
    
            
  
   

  
 
  
     ! 
   "
   
#
        
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  !  "


       


 
 
  

 G   G G

  

c

 

  


  
m     

  
 
 m         
 


    
    
 

 
m  
 
   
 
 $ 
 
      
             
m  
 
 
  

  m  
 
    
   

 
    
     

 G  
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# 
  %     # 
      
 
 
  
        
& 
        
    
 

å G  Ú  

  guaranty is a contract by virtue of which a third person, called the guarantor, binds
himself to fulfill the obligation of the principal debtor in case the latter fails to do so)

 G

|. both intended to insure the performance of the principal obligations

2. both accessory and subsidiary obligations
  GG
G

Î
  


  
]

   
 
     m      

 

     
   
m 
  
   
   #
       
   
       
'     
    #        
 
 
 

        
    
  
  

 if the penal clause is assumed by a third person, the same principle will apply as the case of a
guaranty

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   G
 

* as a rule, the debtor cannot avoid performance of the principal obligation by offering to pay the penalty
* G
 
: the right to substitute the penalty for the principal obligation may be expressly granted by the creditor
to the debtor

  
G  

* as a rule: the creditor cannot demand performance of the principal obligation and the penalty at the same time
* G
 


|. the creditor may enforce both the principal obligation and the penalty when this right is clearly granted to him
2. where the creditor has demanded fulfillment of the principal obligation but it cannot be performed; in this
case, he may then demand penalty

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å







 !refers to the extent or quality of fulfillment; irregular, to the form

 the power of the judge to reduce penalty refers only to penalties prescribed in the contract; it does not cover
taxes that are due

 the amount of the penalty is not determined by the injury suffered by the creditor, but by what has been agreed
upon by the parties who are free to determine such amount

 when the penalty is contrary to morals or good customs, it may even be entirely voided

 the interest of the creditor includes which are intangible and not subject to concrete proof, such as the
sentimental value which he attaches to the performance of the obligation

 the penalty may be reduced in instances where it is out of proportion to the actual damage cause by the non-
performance or improper performance of the contract

 the penalty is not enforceable when the principal obligation becomes impossible due to fortuitous event, or when
the creditor prevents the debtor from performing the principal obligation

ååG  GåG 

|. to compensate for damage

2. to guarantee performance of the contract]

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* 
    the nullity of the principal obligation also nullifies the penal clause which is only an accessory to
the principal obligation 

G
 
 

    
  


   


 
 #

|. when the penalty is undertaken by third person precisely for an obligation which is unenforceable, voidable,
or natural, in which case it assumes the form of a guaranty which is valid under article 2052
2. when the nullity of the principal obligation itself gives rise to liability of the debtor for damages (such as when
the vendor knew that the thing was inexistent at the time of the contract so the vendor becomes liable for
damages

   åG 
 G ± the penal clause may be void because it is contrary to law, morals, good customs, public
order, or public policy

 the principal obligations subsist if valid

 in case of non-performance, the damages shall be determined by the same rules as if no penalty
had been stipulated