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.
Defenses available to a solidary debtor
defenses derived from the nature of the obligation.
Other Examples: Illegal Consideration, Absolute Simulation, Statute of
Frauds, all of the debtors are incapacitated, extinguishment of the obligation by
prescription, becoming unlawful, renunciation, compensation etc.
A and B are Solidarily liable to C in the amount of P4,000.00. The entire
debt of A and B was paid by D. In an action by C against A, the latter can
raise the defense of payment by virtue of which the obligation was
Defenses personal to, or which pertain to share of debtor sued.
Other Examples: Vitiated Consent, incapacity of one of the parties etc.
Defenses personal to other solidary debtors.
If the action by C against B, and B was insane at the time the obligation
was contracted, B can put up the defense of insanity with respect to the
From the same example: The defense of insanity is or non-fulfillment of the
obligation or non-fulfillment of the suspensive condition is not available to A as
to release from his liability for his share in the obligation.
The divisibility or indivisibility of the things that are
the object of obligations in which there is only one
creditor does not alter or modify the provisions of
Chapter 2 of this Title.(1149)
Divisible Obligation- is one of the object of which, in its delivery or
performance, is capable of partial fulfillment.
Indivisible Obligation- is one the object of which, in its delivery or
performance, is not capable of partial fulfillment.
Kinds of Indivisibility
A) Conventional- agreed by the parties to be indivisible, although by nature
B) Natural or Absolute Indivisibility- by nature, the object does not admit
C) Legal Indivisibility- the indivisibility is provided by law.
D agreed to pay C P10,000.00 in four equal monthly installments. The obligation of D is
divisible because it is capable of performance.
But if the agreement is that D will pay C on August 7, 2013 the full amount, the
obligation is indivisible although money is physically divisible because the intention of
the parties to pay at the specific time and as a whole.
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
Effects of non-compliance
If anyone refuse or cannot comply with his obligation, the same is converted
into monetary obligation as the basis of indemnity
A joint obligation gives rise to indemnity for damages from the time anyone of
the debtors shall not comply w/ his undertaking.. The debtors who may have
been ready to fulfill their promises shall not contribute to the indemnity…in
which the obligation is consists.
If one of the latter should be insolvent, the others shall not be liable for his
D1 and D2 obliged themselves to give a specific car to
C valued P12,000. If on the due date, D1 is ready to
comply while D2 is not ready, C can only ask for the
share of D1 which is P6,000. He cannot ask for more
because the rule states that if one of the debtors is
insolvent, the other shall not be liable for his share.
However, C can ask from D2 P6,000 plus damages
when hi financial condition improves.