LDM LECTURES divided into as many equal 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
KINDS OF OBLIGATIONS: JOINT AND SOLIDARITY multiplicity of suits.

- refers to Joint obligation

JOINT OBLIGATION SOLIDARY OBLIGATION - kanya kanya which means na kung ilan yung no. of parties, ganoon din kadami yung no.
debts or credits.
"TO EACH HIS OWN" "ALL FOR ONE, ONE FOR ALL"
- "multiciplicity of suits" pineprevent yung pagfaffile ng maraming demanda involving
debtor is liable only for a proportionate debtor is liable for the whole obligation,
one single cause of action
part of the debt, and each creditor is and each creditor is entitled to demand
entitled only to a proportionate part of the payment of the whole obligation. - so if pareho lang naman yung contrata or basis nila ng paghahabol nila kahit marami pa
credit. sila, pasasama samahin na para iisang demanda lang.
- instead na kanya-kanya, sagot ng isa ang
- pag sinabing "joint" kanya kanya talaga lahat, sagot ng lahat ang isa. Preliminaries

- so kung gaano karami yung debtors and JOINT OBLIGATION SOLIDARY OBLIGATION
creditors, yun yung dami ng debts &
credits "mancomunada" Jointly amd severally
"mancomunada simple" "mancomunada solidaria"
Proportionate individually and collectively
Pro-rata In solidum

"WE promise to pay" "I promise to pay"

Article 1207
(2 or more promisors or sigantures) (2 or more promisors or signatures)
The concurrence of 2 or more creditors or 2 or more debtors in one & 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 w/ the prestation. There is
solidary liability only when the obligation expressly so states, or when the law or the Ex. (JOINT OBLIGATION) A and B are joint debtors of C to the amount of Php 1M. How
nature of obligation requires solidarity. much can C demand?

- refers to a Solidary obligation no. of debtors: 2

Article 1208 no. of creditors: 1

If from the law, or the nature of the wording of the obligations to which the preceding - since there are 2 debtors, divide the liability into 2.
article refers, the contrary does not appear, the credit or debt shall be presumed to be

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 How much will C receive if he demand from A? - Php 500,000 - in solidary obligation, it involves trust & confidence. Dapat may tiwala sa co-debtor mo
or co-creditor mo.
How much will C receive if he demand from B? - Php 500,000
Ex. (SOLIDARY OBLIGATION) A & B are solidary debtors of W, X,Y, & Z who are solidary
Ex. (JOINT OBLIGATION) A and B are joint debtors of W, X, Y, & Z who are joint creditors creditors to the amnt. of Php 1M. How much can Y demand from the debtors?
to the amnt. of Php 1M. How much can Y demand from the debtors?
- Y can demand Php 1M either kay A OR B
no. of debtors: 2
Sample MCQ
no. of creditors: 4
1.) A & B are joint debtors of X & Y, joint creditors, in the amnt. of Php 10,000. How
-the amount of 1M should be divided among the no. of creditors. much can X demand?

1M/ 4 = Php 250,000 each a. Php 5,000 from A & Php 5,000 from B b.Php 5,000 from A or Php 5,000 from B

- Y has the right to demand a total of Php 250,000 only from the debtors. c.Php 2,500 from A & Php 2,500 from B d. Php 2,500 from A or Php 2,500 from B

250,000 / 2 debtors = 125,000 each debtor - joint creditors, joint debtors

- Y can demand Php 125,000 to A, and another 125,000 to B. - magkano lang ba yung karapatan ni X, sa pagkakautang na 10,000?

- Presumption is the interest is always equal, unless stated in the problem. If silent, 10,000 / 2 creditors = 5,000 can X and Y demand (separately)
treatment is equal.
5,000 / 2 debtors = 2,500 can X and Y demand from A and B
Ex. (SOLIDARY OBLIGATION) A & B are solidary debtors of C to the amnt. of Php 1M.
How much can C demand? illustration: A & B are joint debtors of X & Y, joint creditors, in the amnt. of P10,000.

- since solidary, one for all, all for one. A = P5,000 X = P5,000

- How much can C demand? - 1M B = P5,000 Y = P5,000

- magkano yung masisingil ni C sa debtors? - 1M - X & Y will share in the 10,000 credit

- kanino ni C masisingil yung 1M? - either kay A OR B for 1M 10,000 / 2 creditors = 5,000

- bc sagot ni A si B, and sagot ni B si A - A & B will also share in the 10,000 debt.

- in solidary obligation, there are 2 principles involved - Mutual agency & Mutual 10,000 / 2 debtors = 5,000 Both of them has a liability of 5,000 each
Guarantee

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 - How much X can demand? - X can demand a total of 5,000. X can demand 2,500 each a. 5,000 from A & 5,000 from B b. 5,000 from A or 5,000 from B
from A and B. c. 2,500 from A & 2,500 from B d. 2,500 from A or 2,500 from B

- How much Y can demand? - Y can demand a total of 5,000. Y can demand 2,500 each - X and Y have the right to demand 5,000 each.
from A and B. - Since the debtors are solidary, A or B can pay them separately.

Rules to remember:
2.) A & B are solidary debtors of X & Y, solidary creditors, in the amnt. of P10,000. How Article 1207
General rule: The obligation is presumed to be joint.
much can Y demand?
Conversely speaking, solidarityy is not presumed, kasi may greater burden sa solidarity
a. 5,000 from A & 5,000 from B c. 10,000 from A and 10,000 from B
obligations. Solidarity obligations are burdensome.

b. 5,000 from A or P5,000 from B d. 10,000 from A or 10,000 from B. Solidarity obligations requires mutual agency and mutual guarantee
- So kung hindi naman nag-usap usap yung creditors or debtors, wala silang trust
sa isa’t isa bakit ipepresume na solidarity yon?

Except: (SLN – Stipulation, Law, Nature)

1. When the obligation expressly so provides – it refers to the stipulation of the
Obligation can be joint on the side of the debtors, and solidary on the part of the parties
creditors. 2. When the law requires solidarity
3. When the nature of obligation requires solidarity
Obligation can be solidary on the side of the debtors, and joint on the part of the
creditors. #2 when will the law require solidarity?

3.) A & B are joint debtors of X and Y solidary creditors, in the amount of 10,000 how Some instances where the law requires solidarity:
much can X demand? 1. Liability of principals, accomplices & accessories in a felony (Art. 11, RPC)
- Ex. You and your friends decided to rob the house of your enemy, since it’s YOUR
enemy, you planned it all. Your friends joined your stupid idea, you as the planner
a. 5,000 from A and 5,000 from B b. 5,000 from A or 5,000 from B
is called the “principal”, your 2 friends can be considered as “accomplices”or
“accessories in a felony”. Your liabilities if proven to be at fault, is SOLIDARY.
c. 2,500 from A & 2,500 from B d. 2,500 from A or 2,500 from B
2. Obligations arising from tort/ quasi delict (Art. 2194)
- How much can X demand? X can demand the whole 10,000 since solidary.
- Ex. If the employee, committed a quasi-delict, in the ordinary course of his work,
it is burden by the employer. So the liability is SOLIDARY.
- In order to get back the 10,000 X will demand 5,000 from A and another 5,000 3. Bailees in commodatum (Art. 1945)
from B because they are joint - “commodatum” – ex. Of it is you are lending your things.
- Ex. You lent your thing to 2 persons, and they broke it, the liability is SOLIDARY.
4.) A & B are solidary debtors of X and Y, joint creditors, in the amnt. Of P10,000. How
4. Payees when there has been a payment of what is not due. (Art. 2175)
much can X demand?

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 General Rule: Novation, Compensation, confusion or remission of the - Because it is one for all, all for one
debt, made by any of the solidary creditors or w/ any of the solidary
✓ If two or more solidary debtors offer to pay, the creditor may choose which offer to
debtors, shall extinguish the obligation. accept.

Article 1210
Practice Problem
The invisibility of an obligation does not necessarily give rise to solidarity. Nor does
1.) A, B, & C are debtors of X & Y in the amount of Php 15,000
solidarity of itself imply invisibility.
▪ How much is the liability of A? – Php 5,000 (15,000/ 3 debtors bc, the problem
- Premise (divisible and indivisibles obligation)
is silent so the assumption is “joint”)
- “indivisibility” refers to the object or subject matter of the obligation
▪ How much is the liability of B? – Php 5,000 (15,000/ 3 debtors bc, the problem
- “solidarity” refers to the tie between the parties
is silent so the assumption is “joint”)
- Pag divisible and indivisible ang pinag-uuspan ay object
▪ How much can X demand from A? – Php 2,500 ( 15,000/ 2 creditors = 7,500/ 3
- Pag joint and solidary ang pinag-uusapan ay parties.
debtors )
- It could be joint and indivisible. could be solidary, but divisible
▪ How much can Y demand from C? – Php 2,500 ( 15,000/ 2 creditors = 7,500/ 3
Rules to remember: SOLIDARY OBLIGATION debtors )
✓ General rule: the debtor can pay any of the solidary creditor
- This is because of the “one for all, all for one” so whoever in the debtors can 2.) A, B, & C are debtors of X & Y in the amnt. of Php 15,000
pay, and whoever in the creditors can demand payment ▪ How much will A pay X if the perspective interest of the debtors are 2:3:5 and
✓ Except: Payment must be made to solidary creditor who made a demand (Art. the respective interest of the creditors are 1:2 – Php 1,000
1214) Share of X in the credits: 1 + 2 = 3
- Pag may nag demand sa solidary creditor, doon lang dapat magbayad. 15,0000/ 3 = 5,000 x 1 = 5,000
Share of A in the debits: 2 + 3 + 5 = 10
Ex. 5,000/ 10 = 500 x 2 = Php 1,000
1. A & B are solidary debtors of X, Y, & Z, solidary creditors. May A pay X the ▪ Using the same assumption, how much can Y demand from B? – Php 1,500
whole obligation? Share of Y in the credits: 1 + 2 = 3
- Yes, because Y & z did not demand, so A can pay either X, Y, or Z 15,000/ 3 = 5,000 x 2 = 10,000
2. A & B are solidary debtors of X, Y, & Z, solidary creditors. Z makes a judicial Share of B in the debits: 2 + 3 + 5 = 10
demand upon A. to whom should A pay? 10,000/ 10 = 1,000 x 3 = Php 3,000
- A should pay to Z since he was the one who demanded the payment. But what if Breakdown of shares in debits and credits:
A still chose to pay X? DEBIT of A = Php 3,000 (2) CREDIT of X = Php 5,000 (1)
- Cannot be, si Z lang ang dapat niyang bayaran. If A still chose to pay to X, the DEBIT of B = Php 4,500 (3) CREDIT of Y = Php 10,000 (2)
whole obligation will NOT be EXTINGUISHED. DEBIT of C = Php 7,500 (5)
- But did something got extinguished? – yes, the part of X
- Because this is a solidary obligation, in the eye of the parties (A & B as joint) they Rules to remember: JOINT OBLIGATION
are individual. That’s why if A, still chose to pay to X, the obligation will not be 1. Vitiated consent
extinguished. Ang ma-eextinguished lang ay yung part ni X. 2. Insolvency of one debtor
- If ever may solvency yung isang debtor, hindi apektado ang liability ng other debtors.
✓ Payment made by one of the solidary debtors extinguishes the obligation.

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 3. Demand by the creditor of one joint debtor puts him in default, but not the others https://www.youtube.com/playlist?list=PLw8RIwyKxsWc3YZ_ozZHzOEcPSoOtw
since the debts are distinct. cyY
4. Prescription does not run against the debtor whom the creditor has demanded.
- Kasi matitigil, nag demand tas mapuputol yung prescriptive period, pero yung
prescriptive period affecting the other debtors na wala pa naming demand yung creditor,
CAUSES OF BREACH
tuloy tuloy lang
5. Defenses of one debtor are not necessarily available to the others. https://www.youtube.com/watch?v=3yNvQTdS-HM

Illustrative Problem: A, b, & C are joint debtors of X in the amnt. of Php civil code/ obligations and contracts
15,000. If B is insolvent how much would A pay X?
https://www.chanrobles.com/civilcodeofthephilippinesbook4.htm
a. 5,000 b. 10,000
c. 15,000 d. 2,5000
- If the obligation is Joint, walang effect yung insolvency ng isa sa
LDM lectures
mga debtors sa liability ng other debtors.
https://www.youtube.com/channel/UC2_UBBXzWzShPXnFbUi3SNQ/vid
- In this problem, divide the 15,000 to the no. of debtors
eos
15,000 / 3 debtors = 5,000
- The question is A will pay so, 5,000

Rules to remember: SOLIDARY OBLIGATION

General Rule: Novation, compensation, confusion, or remission o the debt, made by any
of the solidary creditors or with any of the solidary debtors, shall extinguish the
obligation. (Art. 1215)
- Pag may isang creditor ang gumawa ng novation, compensation, confusion, or
remission of the debt sa isa sa mga solidary debtors, ang effect, ieextinguish
yung obligation.

However: the remission made by the creditor of the share which affects one of the
solidary debtors does not release the latter from his responsibility towards the co-
debtors, in case the debt had been totally paid by anyone of them before the remission
was affected.
- May remission daw ng creditor ng share which affects one of the
solidary debtors.
- May pinatawad na utang ang creditor, na ang naapektuhan lang ay
share ng isa sa mga solidary debtors.

HARLES OBLI