ART. 1189
— A thing is improved
RULES IN CASE OF LOSS, ETC. OF THING DURING PENDENCY
OF SUSPENSIVE CONDITION.
(1) Loss of thing without debtor’s fault. —
EXAMPLE: D obliged himself to give C his car worth P100,000.00 if C
sells D’s property. The car was lost without the fault of D.
The obligation is extinguished and D is not liable to C even if C sells
the property. A person, as a general rule, is not liable for a fortuitous
event. (Art. 1174.)
(2) Loss of thing through debtor’s fault. —
EXAMPLE: In the same example, if the loss occurred because of the
negligence of D, C will be entitled to demand damages (Art. 1170.),
i.e., P100,000.00 plus incidental damages, if any.
(3) Deterioration of thing without debtor’s fault. — A thing deteriorates
when its value is reduced or impaired with or without the fault of the
debtor.
EXAMPLE: If the car figured in an accident, as a result of which its
windshield was broken and some of its paints were scratched away
without the fault of D, thereby reducing its value to P80, 000.00, C will
have to suffer the deterioration of impairment in the amount of
P20,000.00. (Art. 1174.) Art. 1189 137
(4) Deterioration of thing through debtor’s fault. —
EXAMPLE: In this case, C may choose between:
(a) Rescission (or cancellation) of the obligation with damages; in the
case D is liable to pay P100,000.00, value of the car before its
deterioration plus incidental damages, if any; or
(b) Fulfillment of the obligation also with damages (see Art. 1191.); in
this case, D is bound to C to give the car and pay P20, 000.00 plus
incidental damages, if any.
(5) Improvement of thing by nature or by time.
when its value is increased or enhanced by nature or by time or at the
expense of the debtor or creditor. (see Art. 1187.)
EXAMPLE: Suppose the market value of the car increased, who gets
the benefit?
The improvement shall inure to the benefit of C. In as much as C
would suffer in case of deterioration of the car through a fortuitous
event, it is but fair that he should be compensated in case of
improvement of the car instead.
(6) Improvement of thing at expense of debtor. —
EXAMPLE: During the pendency of the condition, D had the car
painted and its seat cover changed at his expense. In this case, D will
have the right granted to a usufructuary with respect to improvements
made on the thing held in usufruct.
Usufruct- right to enjoy the use of fruits of a thing belonging to
another.
ART. 1189 WILL APPLY IF THEY HAVE LOSS DETERIORATION
ARTICLE.1190
EFFECTS OF FULFI LLMENT OF RESOLUTORY CONDITION.
(1) In obligations to give. — When the resolutory condition in an
obligation to give is fulfilled, the obligation is extinguished (Art. 1181.)
and the parties are obliged to return to each other what they have
received under the obligation. (par. 2.)
(a) There is a return to the status quo- retroactive effect
(b) The obligation of mutual restitution is absolute. It applies not only
to the things received but also to the fruits and interests.
(c) In case the thing to be returned “is legally in the possession of a
third person who did not act in bad faith” (see Art. 1384, par.
2.), the remedy of the party entitled to restitution is against the
other.
(d) In obligations to give subject to a suspensive condition, the
retroactivity admits of exceptions according to whether the obligation
is bilateral or unilateral. (see Art. 1187.)
Here, there are no exceptions, whether the obligation is bilateral or
unilateral. The reason for the difference is quite plain. The happening
of the suspensive condition gives birth to the obligation. On the other
hand, the fulfillment of the resolutory condition produces the
extinguishment of the obligation as though it had never existed. (see 8
Manresa 149-150.) The only possible exception is when the intention
of the parties is otherwise.
(e) If the condition is not fulfilled, the rights acquired by a party
become vested. Art. 1190 139
EXAMPLE: D obliges himself to allow C to use the former’s car until D
returns from the province. Upon the return of D from the province, C
must give back the car. The effect of the happening of the condition is
to annul the obligation as if it had never been constituted at all. In this
case, the parties intend the return of the car.
(2) In obligations to do or not to do. — In some obligations, the courts
shall determine the retroactive effect of the fulfillment of the resolutory
condition (par. 2.) as in the case where the condition is suspensive.
(Art. 1187, par. 2.)
The courts in the exercise of discretion may even disallow retroactivity
taking into account the circumstances of each case.
Applicability of Article 1189 to party with obligation to return.
In the example above, D is the debtor and C, the creditor, pending
fulfillment of the resolutory condition — the return of D from the
province. Upon the happening of the condition. D becomes the
creditor with a right to demand the return of the car and C, the debtor,
with the obligation to return the car.
Stated in another way, the happening of a resolutory condition has the
same effect on the creditor as the suspensive condition has, on the
debtor — an obligation arises. The fulfillment of the resolutory
condition converts the creditor into debtor, and the debtor into
creditor.
Hence, the applicability of the provisions of Article 1189 in case of
loss, deterioration, or improvement of the thing; and pending the
fulfillment of the condition, the parties are entitled to the rights granted
by Article 1188.
ARTICLE 1192- POWER TO RESCIND OBLIGATIONS
Kinds of obligation according to the person obliged.
(1) Unilateral. — When only one party is obliged to comply with a
prestation.
EXAMPLES: Donation; In a contract of loan, the lender has the
obligation to give. After the lender has complied with his obligation,
the debtor has the obligation to pay.
(2) Bilateral. — when both parties are mutually bound to each other.
In other words, both parties are debtors and creditors of each other.
Bilateral obligations may be reciprocal or non-reciprocal.
(a) Reciprocal obligations are those which arise from the same
cause and in which each party is a debtor and creditor of the other.
The general rule is that they are to be performed simultaneously or at
the same time such that each party may treat the fulfillment of what is
incumbent upon the other as a suspensive condition to his obligation.
EXAMPLE: In a contract of sale in the absence of any stipulation, the
delivery of the thing sold by the seller is conditioned upon the
simultaneous payment of the purchase price by the buyer, and vice
versa. (see Art. 1169, last par.)
The seller is the creditor as to the price and debtor as to the thing,
while the buyer is the creditor as to the thing and debtor as to the
price.
(b) Non-reciprocal obligations are those which do not impose
simultaneous and correlative performance on both parties.
EXAMPLES:
(1) D borrowed from C P50,000.00. C, on the other hand, borrowed
D’s car. The performance by D of his obligation to C is not conditioned
upon the performance by C of his obligation and vice versa. Although
D and C are debtors and creditors of each other, their obligations are
not reciprocal.
The obligation of D arises from the contract of loan, while that of C,
from the contract of commodatum. The obligations are not dependent
upon each other and are not simultaneous.
Remedies in reciprocal obligations.
Article 1191 is the general provision on rescission of reciprocal
obligations.
- the right of the “injured party’’ to choose between rescission or
fulfillment of the obligation, with the right to claim damages in either
case..
The remedy granted is predicated on a breach of obligation by the
other party that violates the reciprocity between them.
Choice of remedy by injured party.
In case one of the obligors does not comply with what is incumbent
upon him, the injured or aggrieved party may choose between two
remedies:
(1) Action for specific performance (fulfillment) of the obligation with
damages; or
(2) Action for rescission of the obligation also with damages
EXAMPLE: In a contract of sale of a car between S and B, it was
agreed that S, the owner, would deliver the car and the necessary
document duly signed by him to B at the house of C on December 1,
and B would deliver the payment at the same place and on the same
date.
If S does not comply with his obligation.
(a) B may, in an action for specifi c performance, demand the delivery
of the car with damages; or
(b) B may demand from the court the rescission of the contract also
with damages.
If after delivery of the car by S, it is B who fails to make good the
price, such failure, in the absence of stipulation that “ownership of the
thing shall not pass to the purchaser until he has fully paid the price’’
does not cause the ownership to revest to S, unless the bilateral
contract of sale is first rescinded pursuant to Article 1191.
Nonpayment only creates likewise a right to demand the fulfillment of
the obligation or, in case of a substantial breach, to rescind the
contract under Article 1191.
ARTICLE 1191 APPLIES ONLY IF THE RECIPROCITY ARISES
FROM THE SAME CAUSE.
ARTICLE 1192: WHEN BOTH PARTIES ARE GUILTY OF BREACH
The above article contemplates two situations.
(1) First infractor known. — One party violated his obligation;
subsequently, the other also violated his part of the obligation. In this
case, the liability of the first infractor should be equitably reduced.
(2) First infractor cannot be determined. — One party violated his
obligation followed by the other, but it cannot be determined which of
them was the first infractor. The rule is that the contract shall be
deemed extinguished and each shall bear his own damages. This
means that the contract shall not be enforced. In effect, the court shall
not provide remedy to either of the parties, who must suffer the
damages allegedly sustained by them.
SECTION 2. — OBLIGATIONS WITH A PERIOD
ARTICLE 1193 OBLIGATION WITH A PERIOD is one whose
consequences are subjected
PERIOD is a future and certain event upon the arrival of which the
obligation (or right) subject to it either arises or is terminated.
KINDS OF PERIOD OR TERM.
1). According to effect:
(a) Suspensive period (ex die). — The obligation begins only from a
day certain upon the arrival of the period (Art. 1193, par. 1.); and
(b) Resolutory period (in diem). — The obligation is valid up to a day
certain and terminates upon the arrival of the period. (par. 2.)
EXAMPLES: Ex die:
(1) “I will pay you 30 days from today.” (or on Jan. 1 next year, or at
the end of this month.) Here, what is suspended is not the obligation
itself (or right acquired) but merely its demandability.
(3) “I will pay you when my means permit me to do so.” This is
considered by law as an obligation with a period. (Art. 1180.)
In diem:
(1) “I will give you P1,000.00 a month until the end of the year.”
(2) “I will support you until you die.”
2. ACCORDING TO SOURCE:
(a) Legal period. — When it is provided for by law; Art. 1193
(b) Conventional or voluntary period. — When it is agreed to by the
parties (Art. 1196.); and
(c) Judicial period. — When it is fixed by the court. (Art. 1197.)
3 ACCORDING TO DEFINITENESS:
(a) Definite period. — When it is fixed or it is known when it will
come (Art. 1193, par. 3.); and
(b) Indefinite period. — When it is not fixed or it is not known when it
will come. Where the period is not fixed but a period is intended, the
courts are usually empowered by law to fix the same. (see Art. 1197.)
ARTICLE 1194 STATED IN ARTICLE 1189
Effect of loss, deterioration, or improvement before arrival of period.
ARTICLE 1195 APPLIES ONLY TO OBLIGATION TO GIVE
similar to Article 1188, paragraph 2, which allows the recovery of what
has been paid by mistake before the fulfillment of a suspensive
condition.
Debtor presumed aware of period.
The presumption, however, is that the debtor knew that the debt was
not yet due. He has the burden of proving that he was unaware of the
period. Where the duration of the period depends upon the will of the
debtor (see Art. 1197, par. 3.), payment by him amounts, in effect, to
his determination of the arrival of the period.
The obligor may no longer recover the thing or money once the period
has arrived but he can recover the fruits or interests thereof from the
date of premature performance to the date of maturity of the
obligation.
EXAMPLE: D owes C P2,000.00 which was supposed to be paid on
December 31 this year. By mistake, D paid his obligation on
December 31 last year.
Assuming that today is June 30, D can recover the P2,000.00 plus
P120.00, which is the interest for one half year at the legal rate of
12%2 or a total of P2,120.00. But D
No recovery in personal obligations.
Article 1195 has no application to obligations to do or not to do
because as to the former, it is physically impossible to recover the
service rendered, and as to the latter, as the obligor performs by not
doing, he cannot, of course, recover what he has not done.
ARTICLE 1196- PERIOD WHOSE BENEFIT
GENERAL RULE: For benefit of both parties, debtor and creditor
EXAMPLE: On January 1, D borrowed from C P10,000.00 payable on
December 31 at 18% interest. D cannot pay before December 31
without the consent of C. Neither can C compel D to pay before the
expiration of the term. It is presumed that the period designated,
which is December 31, has been established for the benefit of both. D
is benefited because he can use the money for one year. C is also
benefited because of the interest the money would earn for one year.
Exceptions to the general rule
FOR CREDITOR- Creditor may demand the fulfillment of OB at
anytime but obligor cannot compel him to accept payment before
expiration of the period
EXAMPLE: D borrowed from C P10,000.00 payable on December 31
with the stipulation that D cannot make payment before the lapse of
the period but C may demand fulfi llment even before said date. Here,
C can demand payment at any time but D cannot shorten the one-
year period without the consent of C. Ordinarily, there must be a
stipulation granting the benefi t of the term to only the creditor.
FOR DEBTOR- Debtor cannot be compelled to perform OB.
Prematurely, but he can do so if he desires
(1) D borrowed from C P10,000.00 to be paid within one year without
interest. In this case, the period of one year should be deemed
intended for the benefit of D only. Therefore, he can pay any time but
he cannot be compelled to pay before one year.
ARTICLE 1197 WHEN COURT MAY FIX PERIOD
Judicial period VS. Contractual period
GENERAL RULE:
1. If the obligation does not state a period and no period is intended,
the court is not authorized to fix a period or court is without power to
fix period.
2. The courts have no right to make contracts for the parties.
ART, 1197 PAR. 3 PERIOD FIXED CANNOT BE CHANGED BY THE
COURT
ARTICLE 1198- WHEN DEBTOR LOSES RIGHT TO MAKE USE OF
THE PERIOD
INSTANCES
1. When debtor becomes insolvent.
2. When debtor does not furnish guaranties or securities promised.
3. When guaranties or securities given have been impaired or have
disappeared.
4. When debtor violates an undertaking.
5. When debtor attempts to abscond.
SECTION 3. — Alternative Obligations
ARTICLE 1199-
Kinds of obligation according to object.
: (1) Simple obligation. — one where there is only one prestation, e.g.,
S obliged himself to deliver to B a piano; S promised to repair the car
of B. (
2) Compound obligation. — one where there are two or more
prestations.
. (a) Conjunctive obligation. — one where there are several
prestations and all of them are due; or
(b) Distributive obligation. — one where one of two or more of
the prestations is due. It may be alternative (Art. 1199.) or facultative.
(Art. 1206.)
ALTERNATIVE OBLIGATION is one wherein various prestations are
due but the performance of one of them is sufficiently determined by
the choice which, as a general rule, belongs to the debtor.
EXAMPLE: D borrowed from C P10,000. It was agreed that D could
comply with his obligation by giving C P10,000, or a color television
set, or by painting the house of C. 201 The delivery of the P10,000, or
a color television set, or the painting of the house of C, is sufficient to
comply with the obligation.
Performance must be complete.
C cannot be compelled to accept, for instance, P5,000 and half of the
television, thereby establishing a co-ownership between them, or
P5,000, and the painting of a part of his house. (Art. 1199, par. 2.)
ARTICLE 1200- RIGHT OF CHOICE IN ALTERNATIVE OB
Right of choice, as a rule, given to debtor.
GENERAL RULE, the right to choose the prestation belongs to the
debtor.
EXEMPTIONS: By way of exception, it may be exercised by the creditor
1. Expressly granted to the creditor
2. Expressly granted to a third person when the right is given to him
by common agreement
EXAMPLE: S binds himself to deliver item one or two to B on
November 10 and to communicate his choice on or before November
5. If S delays in making his selection, B cannot exercise the right
because it is not expressly granted to him. But judgment in the
alternative cannot be defeated by S by refusing to make a choice. In
such case, the court can give the right of choice to B.
Right of choice of debtor not absolute.
Limitations upon the right of choice of the debtor:
1. The debtor cannot choose those prestations which are: (a)
impossible, (b) unlawful, or (c) which could not have been the object
of the obligation.
These prestations are void. Their presence do not invalidate the
obligation if it includes other undertakings.
(2) The debtor has no more right of choice, when among the
prestations whereby he is alternatively bound, only one is practicable
In this case, there is not only a limitation but a loss of the right of
choice belonging to the debtor. The obligation becomes simple.
(3) The debtor cannot choose part of one prestation.
ARTICLE 1201- EFFECT OF NOTICE OF CHOICE
1. In alternative OB., CHOICE shall produce effect only upon
communication of the CHOICE
2. Debtors choice is communicated; the creditors’ concurrence is not Articles 1203 and 1204 apply when the right of choice belongs to the
required debtor. Under Article 1205, the creditor has the right to choose.

3. Once choice is made, it cannot be renounced and parties are When choice belongs to debtor
bound thereto. If the consent of creditor changed it can be done.
1. Due to fortuitous event
ARTICLE 1202:
A. All are lost- debtor is released from the obligation. (extinguished
Effect when only one prestation is practicable. If more than one is OB)
practicable, it is Article 1200 that will apply. The obligation is still
alternative because the debtor still retains the right of choice. Under B. Some but not all are lost- deliver that which he shall choose from
Article 1202, if only one is practicable (e.g., the others have become among the remainder.(pag may natira pipili)
impossible), the obligation is converted into a simple one. C. Only one remains- deliver that which remain (pag isa na lang
idedeliver)

ARTICLE 1203 WHEN DEBTOR MAY RESCIND CONTRACT 2. Debtor’s fault

When choice is rendered impossible through the creditors fault, the A. All are lost- creditor shall have a right to indemnity for damages
debtor may bring an action to rescind the contract with damages. The based on value of the last thing.
debtor, however, is not bound to rescind. B. Some but not all are lost
EXAMPLE: D borrowed from C P20,000.00. It was agreed that (Debtor to debtor)
instead of P20,000.00, D could deliver item one, or item two, or item
three. (Right to choice belongs to debtor you must determine the value
the last thing that disappeared)
If through the fault of C, item one is destroyed, D can rescind the
contract if he wants. In case of rescission, the amount of P20,000.00 3. When choice belongs to Creditor
must be returned by D with interest. C, in turn, must pay D the value
of item one plus damages. Before the creditor makes the selection, the debtor cannot incur in
delay.
D, instead of rescinding the contract, may choose item two or three
with a right to recover the value of item one with damages. If D A. Due to fortuitous event- same effects or events
chooses item one, his obligation is extinguished. C is not liable for
2. Debtors fault
damages.
(creditor to debtor) pipili si creditor plus damages
REMEDIES- May rescind if he wants; May choose another choice or
item. A, All are lost- creditors may claim the price or value of any of them
without indemnity for damages
ARTICLE 1204 AND 1205: EFFECTS OF LOSS OF OBLIGATION
B. Some but not all are lost
(The same rule shall applied to Obligation to do or not do)
Rules in case of loss before creditor has made choice.
(1) When a thing is lost through a fortuitous event.
EXAMPLE: S obliged himself to deliver to B item one, or item two or
item three, or item four. If item one is lost through a fortuitous event, B
can choose from among the remainder or that which remains if three
of the items are lost.
(2) When a thing is lost through debtor’s fault.
EXAMPLE: If the loss of item one occurs through the fault of S, B may
claim item two or item three or item four with a right to damages or the
price of item one also with a right to damages.
(3) When all the things are lost through debtor’s fault.
EXAMPLE: If all the items are lost through the fault of S, then B can
demand the payment of the price of any one of them with a right to
indemnity for damages.
(4) When all the things are lost through a fortuitous event.
EXAMPLE: The obligation of S shall be extinguished if all the items
which are alternatively the object of the obligation are lost through a
fortuitous event.
ARTICLE 1206- FACULTATIVE OBLIGATION (SUBSTITUTE)
ART. 1206 (PAR. 2)- EFFECT OF LOSS OF SUBSTITUTE IS
FACULTATIVE OBLIGATION
Facultative obligation is one where only one prestation has been
agreed upon but the obligor may render another in substitution.
EXAMPLES:
(1) “I will give you my piano but I may give my television set as a
substitute.” In this obligation, only the piano is due.
Hence, its loss through my fault will make me liable.
(2) “I will mortgage my land to secure my debt which shall be payable
within 90 days upon my failure to pay my debt within 30 days.”
Here, I may mortgage my land in substitution of the obligation to
make payment within 30 days.
Effect of loss.
1. Loss of the thing intended as substitute
A. Before Substitute is made (If the principal thing is lost through a
fortuitous event, the obligation is extinguished; otherwise, the debtor
is liable for damages)
1.If due to bad faith and fraud of obligor. Obligor is liable.
2.If due to the negligence of the Obligation. Obligor is not
liable.
EXAMPLE:
S will give B item one or if S wants, item two.
(a) If item one is lost through a fortuitous event, the obligation of S is
extinguished.
(b) If item one is lost through the fault of S, S is liable for damages.
(c) If item two is lost with or without the fault of S, S is still liable to
deliver item one (he is not liable for damage for the loss of item two as
it is not due.
B. After substitution is made (If the principal thing is lost, the debtor
is not liable whatever may be the cause of the loss, because it is no
longer due. If the substitute is lost, the liability of the debtor depends
upon whether or not the loss is due through his fault.)
1. The loss or deterioration of the substitute on account of the
obligors.
(Entitled ang creditor sa damages)
EXAMPLE: Based on the preceding example:
(a) If item one is lost with or without the fault of S, S is not liable for its
loss since his obligation is to deliver item two.
(b) If item two is lost through a fortuitous event, the obligation of S is
extinguished.
(c) If item two is lost through the fault of S, S is liable for damages.
DISTINGUISHED alternative and facultative
ALTERNATIVE (pipili) right to choose belongs to the debtor, creditor
or third person
- Several objects are due
- the right of choice may be given to the creditor or third person
- the loss of one or more of the alternatives through a fortuitous
event does not extinguish the obligation
- , the loss of one of the alternatives through the fault of the
debtor does not render him liable
- the nullity of a prestation does not invalidate the others,
- Choice may pertain to debtor, creditor or third person
- Alternative due
FACULTATIVE
- Only one is due
- the right to make the substitution is given only to the debtor
- the loss of the thing due extinguishes the obligation
- the loss of the thing due through his fault makes him liable
- the nullity of the prestation agreed upon invalidates the
obligation
- Choice pertains only to the debtor
- Substitution
- Debtor right to choose
Note: CHOICE ONCE PROPERLY MADE AND COMMUNICATED
IS IRREVOCABLE AND CANNOT, THEREFORE, BE CHANGED
BY EITHER PARTY WITHOUT THE CONSENT OF THE OTHER.
SECTION 4: JOINT AND SOLIDARY OBLIGATIONS
ART. 1207
JOINT (hati-hati o proportionate)
SOLIDARY- solid: pwedeng idemand sa isang tao o kailangang
bayaran ang buong amount
Kinds of obligation according to the number of parties.:
(1) Individual obligation. — one where there is only one obligor and
one obligee; and
(2) Collective obligation. — one where there are two or more debtors
and/or two or more creditors. It may be joint or solidary.
In a collective obligation, there are two relations involved: that
between the creditor and the debtors and that among the creditors
and/or debtors themselves.
Joint obligation is one where the whole obligation is to be paid or
fulfilled proportionately by the different debtors and/or is to be
demanded proportionately by the different creditors. (PAYMENT)
Solidary obligation is one where each one of the debtors is bound to
render, and/or each one of the creditors has a right to demand entire
compliance with the prestation. (DEMAND)
ARTICLE 1207- NATURE OF COLLECTIVE OBLIGATION
General rule: Obligation is presumed to be joint.
EXAMPLES:
(1) A, B, and C borrowed P9,000.00 from D. The presumption is that
A, B, and C are jointly liable.
Here, there are three (3) debts and one (1) credit. D can demand only
P3,000.00 each from A, B, and C or a total of P9,000.00. Since the
debts are distinct and separate from each other, the insolvency of one
of the debtors shall not make the others liable.
(2) A borrowed from B, C, and D P9,000.00. Unless the contrary
appears, the obligation is prima facie a joint one. In this case, there is
one (1) debt and three (3) credits. Each creditor can demand only
P3,000.00 from A.
(3) A and B are liable to C and D for P9,000.00. The same
presumption applies. There are two (2) debts and two (2) credits.
Each creditor can demand only P4,500.00 from either debtor. Of
course, the total liability of A or B, and the total collection of C or D,
cannot exceed P4,500.00.
Exemptions:
1. The obligation expressly stated that there is solidarity
(1)the obligation expressly so states; or
(2) the law requires solidarity; or
(3) the nature of the obligation requires solidarity.
(Sa example ni Ma’am)
A,B,C, are liable to D in the amount of 3,000.
A,B,C as debtor of D
D. creditor entitled to demand payment from A,B,C.
C. absent any stipulation as the solidarity of the obligation. A,B,C are
liable only 1,000 each.
D. is not entitled to collect from each debtor,
Kinds of solidarity
(1) According to the parties bound:
(a) Passive solidarity (debtor/ obligor)
- solidarity on the part of the debtors, where anyone of them can be
made liable for the fulfillment of the entire obligation. It is in the nature
of a mutual guaranty.
(b) Active solidarity (creditor/ obligee)
-solidarity on the part of the creditors, where anyone of them can
demand the fulfillment of the entire obligation.
- mutual representation among the solidary creditors with powers to
exercise the rights of others in the same manner as their rights.
EXAMPLES: (1) A is liable for P10,000.00 in favor of B and C who
are solidary creditors. A may pay either B or C.
So long as the entire debt is not paid, B and C can demand payment
from A. (Art. 1207.) If B (or C) received payment, he is liable to C (or
B) for the latter’s share in the credit according to their agreement. The
liability of A cannot exceed P10,000.00 which is the extent of his
liability
 (c) Mixed solidarity or solidarity on the part of the debtors
and creditors, where each one of the debtors is liable to render, and
each one of the creditors has a right to demand, entire compliance
with the obligation.

EXAMPLE: A and B are solidarily liable to C and D, solidary creditors,

in the amount of P10,000.00. A (or B) can pay either C or D. C (or D)
can demand from either A or B. The payment by A (or B) of
P10,000.00 to C (or D) shall extinguish the obligation. A (or B) can
ask reimbursement from B (or A) in the amount of P5,000.00 or such
amount agreed upon between them. C (or D), in turn, is liable to give
to D (or C), the latter’s share of P5,000.00 or the amount stipulated.

Who is liable? Whom to it pay?

- A AND B are solidarily liable to C and C solidarily creditors in

the amount of 20,000

- Aor B are liable to pay. A or B will pay C and D because it is

creditor.

Effect of payment – extinguished the whole Obligation.

Who has the right of reimbursement to whom?

 C or D in turn, is liable to give D or C latter’s share 5k or the

amount stipulated.

ARTICLE 1208

Joint indivisible obligation. This article speaks of a joint indivisible

obligation. The obligation is joint because the parties are merely
proportionately liable. It is indivisible because the object or subject
matter is not physically divisible into different parts. (see Art. 1225,
par. 1.) In other words, it is joint as to liabilities of the debtors or rights
of the creditors but indivisible as to compliance. (see Art. 1224.) This
obligation constitutes the middle ground between a joint obligation
and a solidary obligation