Section 4: JOINT AND SOLIDARY

(OBLIGATIONS)
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.
(1137a)
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)
Kinds of obligation according
to the number of parties
• Individual obligation – one where there is
only one obligor or one obligee; and

• Collective obligation – one where there two

or more creditors. It may be joint or solidary
Meaning of joint & solidary obligations.

• Joint obligation or one where the obligation is to be

paid or fulfilled proportionately by the different
debtors and/ or is to be demanded proportionately
by different creditors. (Art 1208)
• Solidary obligation or one where each one of the
debtors is bound to render, and/ or each one of the
creditors has a right to demand from any of the
debtors, entire compliance with the prestation.
(Art 1207)
Word to used indicate joint liability

• Other words used for joint obligations are:

mancomunada; mancomunadamente; pro
rata; proportionately; “ we promise to pay “
signed by two or more persons (see Jaucian vs
Querol, 38 Phil. 707; Parot vs Gemora, 7 Phil.
94.)
When obligation solidary.

• Solidary liability is not lightly inferred. Under

Article 1207, there is solidary liability when:

(1) The obligation expressly so states; or

(2) The law requires solidarity; or
(3) The nature of obligation requires solidarity.

Solidarity liability also exist when it is imposed in a

final judgement against several defendants.
Words used to indicate solidary liability
• It is not necessary that the agreement should employ
precisely the word “solidary” in order that an obligation may
be so considered. It is sufficient that the obligation declares,
for instance, that each one of the debtors compelled to pay
the entire obligation, or it can be proceeded against for the
full amount of the obligation, etc. (see 8 Manresa 191; Juan
Ysmael & Co. vs Salinas, 75 Phil. 601.)

Example of other words used to indicate solidarity are:

jointly and/ or severally; solidaria; in solidum; together and/
or separately; individually and/ or collectively; juntos o
separadamente; “I promise to pay” signed by two or more
people
KINDS OF SOLIDARITY
• According to the parties bound
(a) Passive Solidarity – solidarity on the part of the
debtors, where any one 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 – solidarity on the part of the
creditors, where any one of them can be demand the
fulfillment of the entire obligation. Its essential
feature is that of mutual representation among the
solidary creditors with powers to exercise the rights
of others in the same manner as their rights.
 (c) Mixed solidarity – 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.

• According to source:
(a) Conventional Solidarity – Where solidarity agreed
upon by the parties. (Art 1306) If nothing is
mentioned in the contract relating to solidarity, the
obligation is only joint
(b) Legal solidarity – Where solidarity is imposed by the
law.
(c) Real solidarity – Where solidarity is imposed by the
nature of the obligation .
Solidarity not presumed

• The presumption, where there are two or mor

e persons in the same obligation, is that it is jo
int. The reason is that solidary obligations are
very burdensome for they create unusual right
s and liabilities. Solidarity between debtors inc
reases their responsibility while solidarity bet
ween creditors presuming that they are bound
jointly and not solidarily.
Art 1209

• If the division is impossible, the right of the cr

editors may be prejudiced only by their collect
ive acts, and the debt can be enforced only by
proceeding against all the debtors. If one of th
e latter should be insolvent, the others shall n
ot be liable for his share.
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 right of the creditors but indivisible as to
compliance. ( see Art. 1224)

This obligation constitutes the middle ground between

joint obligation and solidary obligation.