2. JOINT OBLIGATION
• is one where the whole liability is to be paid or fulfilled
proportionately by the different debtors and/or is to be
demanded also proportionately by the different creditors.
• Example:
1. Robert and Laurince are joint debtors of Mae to
the amount of P1,500,000.00
2. Anne and Judith are joint debtors of Mae, Epreim,
Kent, and Keneth, who are joint creditors to the amount of
P2,000,000.00.
3. SOLIDARY OBLIGATION
• is one where each one of the debtors is bound to render
compliance of the entire obligation and/or each one of the
creditors has a right to demand entire compliance of the
prestation.
• Example:
1. Edmalyn and Edzil are solidary debtors of Mae to
the amount of P1,500,000.00
2. Hadi and Jade are solidary debtors of Mae,
Epreim, Kent, Keneth, solidary creditors, to the amount of
P2,000,000.00.
4. DISJUNCTIVE OBLIGATION
• A type of obligation where there are several alternatives
to the performance and only one or some of them must be
fulfilled.
• Example:
Before Jerome could go out with his friends, his wife
told him to either cook the dinner, wash the dishes, or feed
their 1 year old son.
6. General Rule
• Where there are two or more debtors or
two or more creditors, the obligation is:
• General Rule — Joint
Exceptions
• (a) when there is a stipulation in the
contract that the obligation is solidary;
• (b) when the nature of the obligation
requires liability to be solidary;
• (c) when the law declares the obligation
to be solidary;
• (d) when a solidary responsibility is
imputed by a final judgment upon
several defendants;
• (e) when a charge or condition is
imposed upon heirs or legatees, and the
testament expressly makes the charge
or condition in solidum.
7. May the obligation be joint on the side of the creditors and
solidary on the side of the debtors or vice-versa?
• Yes. “In such cases, the rules applicable to each subject of the obligation
should be applied, the character of the creditors or the debtors determining
their respective rights and liabilities.” (8 Manresa, pp. 201-202)
Examples:
1. Jezzah and John are joint debtors of Jaja, Jay, Jolo, and Kristine,
solidary creditors to the amount of P2,000,000.00. How much can Jolo collect
from Jezzah?
2. Liezl and Tiff are solidary debtors of Ignacius, NJ, Regie, and
Regina, joint creditors to the amount of P2,000,000.00. How much can NJ
recover from Tiff?
8. Instances where the Law imposes Solidary Liability
• Obligations arising from tort
• Obligations arising from quasi-contracts
• Legal provisions regarding the obligations of devisees and legatees
• Liability of principals, accomplices, and accessories of a felony
• Bailees in commodatum
9. EFFECTS:
• As to prejudicial and beneficial acts:
= an act performed by a solidary creditor whether beneficial or prejudicial to
the creditors is valid and binding.
• As to unauthorized assignment of rights:
= Article 1213 seems to imply that such assignment is invalid. Hence, a
solidary creditor who assigns his rights without the consent of his co-creditors
shall answer subsidiarily for any prejudice caused to the latter by the assignee
in connection with the credit.
• As to demand upon a solidary debtor:
= the creditor may still proceed against any one of the solidary debtors or
against all of them simultaneously so long as the debt has not been fully
collected.
10. EFFECTS:
• As to payment to a creditor:
= the obligation is totally extinguished, although there arises a consequent
obligation on his part to render an account to his co-creditors.
• As to payment by a debtor:
= either totally or partially extinguishes the obligation depending upon
whether the entire amount of debt is paid or only a part thereof.
• As to the death of principal debtor:
= will not work to convert, decrease or nullify the substantive right of the
solidary creditor
.
11. EFFECTS:
• As to Novation, Compensation, Confusion, and Remission in solidary
obligations:
= shall extinguish the obligation. In other words, novation, compensation,
confusion, or remission entered into by one of the solidary creditors will have
the same effect as if the creditor was the only creditor. To the debtors, the
obligation are extinguished to the extent novated, compensated, confused, or
remitted.
THANK YOU!!!
