RONQUILLO V.

COURT OF APPEALS, SO
132 SCRA 274

FACTS:
Mr Ronquillo (Ronquillo) was one of four defendants in a Civil Case (Offshore, Johnny Tan, Pilar Tan) filed by respondent Mr. So for
the collection of P118k, the value of the check issued by the said defendant in payment for foodstuffs delivered to and received by them.
The said checks were dishonored by the drawee bank.
LC: rendered a decision based on the compromise agreement by the parities. The agreement reduced the claim to P110k and bound the
defendants to initially pay P55,000 of the debt before Dec 1978. The defendants agreed to pay the balance individually and jointly (ibig
sabihin nito solidarily) within a period of six months or before June 1980.

SO filed a Motion for Execution on the ground that the defendants failed to make the initial payment of P55,000 as provided in the
abovementioned decision.
Ronquillo opposed MOE alleging that his inability to make the payment was due to Sos own act of making himself inaccessible. Ronquillo
tendered the amount of P13,750 as his share of the P55,000 initial payment. Another defendant, Ms Tan offered to pay the same amount.
Because So refused to accept their payments, demanding the full initial payment. Ronquillo and Tan deposited the amount with the court.
Court: ordered the issuance of a writ of execution for the balance of the initial amount payable to the two other defendants. (decision was
for joint liability)

So, SO moved for reconsideration of the Order and prayed for the execution of the decision in its entirety against all defendants, jointly and
severally. Contention: She opposed argument that the lower court held that the liability of the 4 defendants was not expressly declared to be
solidary, consequently each defendant is obliged to pay only his own pro-rata or 1/4 of the amount due and payable.
Ronquillos Defense: Lower court decision was already final and it did not expressly state that the liability of the 4 Dfs is solidary, and in
fact the decision stated that liability is joint and individual
Court: issued writ of execution for the payment of P82,500 [P55,000 (balance from the whole debt) + 27500 (unpaid shares of initial
payment from two other defendants or P13,750 + P13750)] against the properties of the defendants including Ronquillo, singly or jointly
liable. The sheriff issued a notice for the sale of certain furniture and appliances found in Ronquillos residence to satisfy the sum of
P82,500. (pang joint pa rin ung liability)
CA: denied Ronquillos petition for certiorari (sabi niya nagcomply naman sya); premature daw action ni Ronquillo.

ISSUE: WON the liability of the 4 defendants including Ronquillo solidary. YES
Alternative: What is the nature of liability of Dfs joint or solidary?

RULING:
The pertinent provisions are Art. 1207 and Art. 1208. By the terms of the compromise agreement and the decision based upon it, the defendants
obligated themselves to pay their obligation individually and jointly.

Art. 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. There is a
solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.

Art. 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. (1138a)

Looking at the decision of the lower court based on the parties' compromise agreement, provides specifically solidary liability!!

1. Plaintiff agrees to reduce its total claim of P117,498.95 to only P110,000.00 and defendants agree to acknowledge the validity of such
claim and further bind themselves to initially pay out of the total indebtedness of P110,000.00, the amount of P5,000.00 on or before
December 24, 1979, the balance of P55,000.00, defendants individually and jointly agree to pay within a period of six months from
January 1980 or before June 30, 1980. (Emphasis supply)

Individually and jointly means solidary liability.

Individually also means severally, separately, distinctly.
Individually liable creates several obligation.
Several obligation = binds one to perform the whole obligation.