Art. 1216.

The creditor may proceed against any

one of the solidary debtors or some or all of
them simultaneously. The demand made against
one of them shall not be an obstacle to those
which may subsequently be directed against the
others, so long as the debt has not been fully
collected.

Against whom will the creditors action be

addressed?

Any of the solidary debtors, some, or all of them

simultaneously.

He who made the payment may claim from his

co-debtors only the share which corresponds to
each, with the interest for the payment already
made. If the payment is made before the debt is
due, no interest for the intervening period may
be demanded.

When one of the solidary debtors cannot,

because of his insolvency, reimburse his share
to the debtor paying the obligation, such share
shall be borne by all his co-debtors, in
proportion to the debt of each.

However, if the demand is a judicial one and a

judgment has been rendered by the court, the
rules are different:

Payment
Effects of Full Payment By A Solidary Debtor
Modification of Liability; Interest- When a
solidary debtor pays an obligation, the
resulting obligation of the co-debtors to
reimburse becomes a joint one. If one of
them becomes insolvent..
Payor may be substituted as party plaintiff

(1) If decision in favor of the sol creditor, who is

acting as an agent for against the other codebtors who, the judgment will benefit them
all.
(2) If the solidary debtor happens to be
insolvent, and the case was filed only
against him, the judgment cannot be
executed against the others who were not
made parties in the complaint,
(3) If the solidary debtor lost the case, the case
constitute res judicata between the cocreditors and co-debtors. The judgement will
constitute a bar to the filing of the same
case by any or some or all of the solidary
creditors, otherwise, there will arise the
multiplicity of suits.

Effect of partial payment

When offer is made by two or more creditors

Essence of solidary debtor- payment by one

extinguishes the obligation

No bar to subsequent action

Revival of Judgment Against Solidary

Creditors
Passive and Solidary Surety not identical

Art. 1217. Payment made by one of the solidary

debtors extinguishes the obligation. If two or
more solidary debtors offer to pay, the creditor
may choose which offer to accept.

Art. 1218. Payment by a solidary debtor shall not

entitle him to reimbursement from his co-debtors if
such payment is made after the obligation has
prescribed or become illegal. (n)
Applicability- the article is applicable if payment is
made under the following situations:
(1) The obligation had already prescribed due to
the lapse of time required by law
(2) The obligation or prestation has become
illegal before it could be performed

Art. 1219. 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 effected.

This article applies to situations where one of the

solidary debtors paid the entire obligation to the

creditor. Subsequently, the creditor remitted the

share of one of the solidary debtors. The one whose
share had been belatedly remitted is not released
from his responsibility as to his co-debtors.

Rule when creditor was paid by the guilty or

negligent solidary debtor
Loss(guilty debtor)- no reimbursement

Art. 1220. The remission of the whole obligation,

obtained by one of the solidary debtors, does
not entitle him to reimbursement from his codebtors.

Partial Remission- if the remission is only partial,the

solid debtor who paid the unremmited part of the
obligation is entitled to reimbursement with respect
only to the amount he actually paid.

Delay(fraud or negligence on the part of one

of the debtors) all shall share in the
payment of the principal prestation.
If there are damages and interests imposed,
the debtor guilty of delay fraud or negligence
will shoulder not only his share but also will
be liable alone to pay for the damages and
interests imposed.

Art. 1221. If the thing has been lost or if the

prestation has become impossible without the
fault of the solidary debtors, the obligation shall
be extinguished.

Art. 1222. A solidary debtor may, in

actions filed by the creditor, avail himself
of all defenses which are derived from
the nature of the obligation and of those
which are personal to him, or pertain to
his own share. With respect to those
which personally belong to the others, he
may avail himself thereof only as regards
that part of the debt for which the latter
are responsible.

If there was fault on the part of any one of them,

all shall be responsible to the creditor, for the
price and the payment of damages and interest,
without prejudice to their action against the guilty
or negligent debtor.

If through a fortuitous event, the thing is lost or

the performance has become impossible after
one of the solidary debtors has incurred in delay
through the judicial or extrajudicial demand upon
him by the creditor, the provisions of the
preceding paragraph shall apply. (1147a)
Effects of loss of thing or impossibility of
prestation
1. If there is no fault on the part of the solidary
debtors, the obligation is extinguished.
2. If there is fault on the part of anyone of
them, all shall be liable since there is mutual
agency, without prejudice to their action
against the guilty debtor,
3. If the loss of the thing or performance is due
to a fortuitious event, there is no liability,
unless there is delay in which case, all shall
be liable without prejudice to their right to go
against the guilty or negligent solidary
debtors.

Obligation to deliver is converted into an

obligation to pay indemnity when there is
loss or impossibility of performance.

Defenses which a solidary debtor may avail

himself.
1. Defenses arising from the nature of the
obligation
such
as
payment,
prescription, remission, statute of
frauds, presence of vices of consent and
similar others.
2. Defenses which are personal to him or
which pertains to his own share alone
such as minority, insanity, and others
purely personal to the solidary debtor.
3. Defenses personal to the other solidary
creditors but only as regards that part of
the debt for which the latter are liable.

Section 5- Divisible and Indivisible Obligations

Art. 1223. The divisibility or indivisibility of the

things that are the object of obligations in which
there is only one debtor and only one creditor
does not alter or modify the provisions of
Chapter 2 of this Title.
Divisibilty
and
Distinguished

Indivisibilty

of

Obligations

a. Divisibility
b. Indivisibility

True test of divisibility- whether or not the

prestation
is
susceptible
of
partial
performance.

Susceptibility of partial compliance should be taken

not in the sence of possibility or impossibility of
performance of separate or divided parts, but in the
sense of the possibility of realizing the purpose
which the obligation seeks to obtain.

1.
2.
3.

1.
2.
3.

Kinds of division of things

Qualitiative division
Quanititative division
Ideal division

Indivisibility and Divisibility distinguished

Kinds of indivisibility
Legal indivisibility
Conventional indivisibility
Natural indivisibility

Art. 1224. A joint indivisible obligation gives rise

to indemnity for damages from the time anyone
of the debtors does not comply with his
undertaking. The debtors who may have been
ready to fulfill their promises shall not contribute
to the indemnity beyond the corresponding

portion of the price of the thing or of the value of

the service in which the obligation consists.

Non-compliance with the undertaking- from the time

anyone of the debtors fails to comply with his part of
the undertaking, he will be liable for damage
sustained by the creditor and even by his codebtors.
The unfulfilled undertaking is converted into
a monetary obligation which is now divisible.

Art. 1225. For the purposes of the preceding

articles, obligations to give definite things and
those which are not susceptible of partial
performance shall be deemed to be indivisible.

When the obligation has for its object the

execution of a certain number of days of work,
the accomplishment of work by metrical units, or
analogous things which by their nature are
susceptible of partial performance, it shall be
divisible.

However, even though the object or service may

be physically divisible, an obligation is
indivisible if so provided by law or intended by
the parties.

In obligations not to do, divisibility or

indivisibility shall be determined by the
character of the prestation in each particular
case

Indivisibility or Divisibility of a thing

Divisibility of an object- susceptibility to
physical division
Divisibility of the obligation- susceptibility of
partial performance or compliance.

Divisible obligations- obligations are deemed

divisible under the following circumstances:

1. When the object of the obligation is the

execution of a certain number of days of
work
2. When the object of the obligation is the
accomplishment of work measured by
metric units
3. When the object of the obligation is
susceptible of partial performance such
as the stage-by-stage construction of a
building.
4. When the object of the obligation is the
accomplishment of analogous things
such as when the debtor is required to
pay in installments.

damages and the payment of interests in case of

noncompliance, if there is no stipulation to the
contrary. Nevertheless, damages shall be paid if
the obligor refuses to pay the penalty or is guilty
of fraud in the fulfillment of the obligation.

The penalty may be enforced only when it is

demandable in accordance with the
provisions of this Code.
Penalty clause- an accessory obligation
attached to a principal obligation which
poses an additional liability in case of breach
of contract.

Indivisible obligations
1. Obligations to give definite things
2. Obligations which are not susceptible of
partial performance
3. Even though the object or service may
be physically divisible, the obligation is
indivisible if :
a. The law so provides
b. When the parties intended it to be
divisible.

Nature of the penalty

- As substitute for.
Purpose of penalty- designed to ensure the
faithful compliance by the obligor of his
obligation

No need to prove damages

When additional damages may

recovered aside from the penalty

1. When obligor refuses to pay

2. When he is guilty of negligence in the
performance of his function
3. If there an express stipulation that other
damages or interests are demandabe in
addition to the clause

Effects of illegality of a part of a contract

1. Divisible contract
2. Indivisible contracts

Effects of partial performance

indivisible obligations

of

be

an

When an obligation is indivisible, it is not

susceptible to partial performance. Thus, a
debtor who abandoned the work he had
started, cannot recover payment based on
quantum meruit for the partial works done.

The reason is that in indivisible obligations,

partial performance is tantamount to nonperformance.

Art. 1226. In obligations with a penal clause, the

penalty shall substitute the indemnity for

Obligation with a penal clause distinguished

from obligation with suspensive condition

Art. 1227. The debtor cannot exempt himself

from the performance of the obligation by paying
the penalty, save in the case where this right has
been expressly reserved for him. Neither can the
creditor demand the fulfillment of the obligation
and the satisfaction of the penalty at the same
time, unless this right has been clearly granted
him. However, if after the creditor has decided to
require the fulfillment of the obligation, the
performance thereof should become impossible
without his fault, the penalty may be enforced.

General Rule- a debtor cannot escape payment of

principal obligation by choosing to pay the penalty.

Restriction on the right of the creditor

General rule: the creditor cannot demand for
the fulfilment of the principal obligation and
the stipulated penalty at the same time.
Exception:
(1) When the creditor is given the right to
enforce both
(2) When the creditor has demanded
fulfillment of the obligation, but the same
could not be fulfilled due to the debtors
fault, he may demand the penalty
agreed upon.

(1)

(2)
(3)
(4)
(5)
(6)

Art. 1228. Proof of actual damages suffered by

the creditor is not necessary in order that the
penalty may be demanded.

Proof of actual damages not necessary

Art. 1229. The judge shall equitably reduce the

penalty when the principal obligation has been
partly or irregularly complied with by the debtor.
Even if there has been no performance, the
penalty may also be reduced by the courts if it is
iniquitous or unconscionable.

Judicial Reduction of penalty when proper:

1. When the principal obligation has been
partly complied with
2. When the principal obligation has been
complied with but not in accordance of
the tenor of the agreement, thus
rendering the compliance irregular.
3. When although there is no performance,
the
penalty
is
iniquitous
or
unconscionable.
4. The three percent penalty interest is
patently iniquitious and conscionable as
to warrant the exercise of the SC of its
judicial discretion.

Revolting to the common sense or

conscience;disproportionate
to
the
damage suffered.

Limitation of the Judges power to reduce

penalties
When penalty is iniquitious

Situations when penalty is not

enforced
When the principal obligation has
become impossible of performance due
to fortuitious events
When the debtor is prevent by the
creditor in the fulfillment of the obligation
When the penalty is contrary to public
policy, good customs, etc.
When both parties commited breach of
contract
When the creditor commited breach of
contract
When none of the parties had commited
willful violation of the agreement,
therefore, no one can invoke the penalty
against the other

Art. 1230. The nullity of the penal clause

does not carry with it that of the principal
obligation.

The nullity of the principal obligation

carries with it that of the penal clause.

Effects of nullity of principal

obligation- caries with it the
nullity of the penalty
Effects of nullity of the penal
clause upon the principal
obligation
If the penal clause is void, the
principal obligation still subsists
The nullity of the p does not
carry with it that of the po as the
efficacy of the po does not
depent upon the efficacy of the
p.