Introduction:
Joint and Solidary Obligation generally Proportionately
occur whenever there is concurrence of two or
more creditors or two or more debtors in one
and the same obligation.
In short, kung sa isa at parehong
obligation may 2 o higit pang debtor or creditor,
ang obligation na yun ay maaring joint or
solidary
However, according to 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.
In short, kung may 2 o higit pang
creditor o debtor sa isang obligasyon ang
general rule ito ay JOINT, I presume mo na ito
ay joint obligation, at hindi dapat solidary, dahil
ang solidary obligation cannot be presumed.
That is why the highlighted second paragraph
states kung kelan lang may solidary, only when :
There is a solidary liability only when the
obligation expressly so states, or when the law
or the nature of the obligation requires
solidarity.
Examples:
Joint Obligation
A,B,C jointly executed a promissory note
worded as follows: “WE promise to pay to the
order of X P9000.” –Sgd A,B,C
Solidary Obligation
A, B,C executed a promissory note worded as
follows:
“I promise to pay to X or order the sum of
P30,000.
Take note of the keywords on how to
distinguish a joint obligation from solidary.
JOINT SOLIDARY
Jointly and severally
Pro rata Individually and collectively
Jointly
UNAHIN MUNA NATIN ANG JOINT OBLIGATION
JOINT OBLIGATION
Definition
Each of the debtor is liable only for a
proportionate share of the debt, and each
creditor is entitled only to a proportionate
share of the credit.
Nature of Liability/obligation
The debt shall be divided into as many equal
shares as there are creditors or debtors, the
credits or debts being considered distinct from
one another.
Example:
A and B obliged themselves to pay X and Y
P4000. How may Obligations are there?
Remember the nature of liability/obligation in a
joint obligation
Answer: there are four obligations
Obligation one: A to X P1000
A to Y P1000
B to X P1000
B to Y P1000
Example: A,B,C jointly executed a promissory
note worded as follows: “WE promise to pay to
the order of X P9000.” –Sgd A,B,C
Answer: A, B,C is liable to pay to X, in the
amount of P3000 each.
KINDS OF JOINT OBLIGATION
JOINT INDIVISIBLE
-there are several debtors or creditors but the
prestation is indivisible.
Example: A,B,C obliged themselves to give X,Y
and Z, a specific horse values at P300.

JOINT DIVISIBLE

- the prestation is divisible.

Example: kapag nangutang ng sum of money.

SOLIDARY OBLIGATION

Take note of the kinds of solidary obligation.

Take note of the following topics under solidary

obligation:

1) Art.1212 Each one of the solidary creditors

may do whatever may be useful to the others,
but not anything which may be prejudicial to
the latter.

2) Can a solidary debtor assign his right

without consent of his co-debtor?

Article 1213. A solidary creditor cannot

assign his rights without the consent of the
others.

3) Effects of novation, compensation,

confusion or remission of debt made by one
of the solidary creditors or with any of the
solidary creditors.

Article 1215. Novation, compensation,

confusion or remission of the debt, made by
any of the solidary creditors or with any of the
solidary debtors, shall extinguish the
obligation, without prejudice to the provisions
of article 1219.

Also take note of art. 1216 and 1217. 1221

and 1222.