ARTICLE 1217-1227

SECTION 4. - Joint and Solidary Obligations (1207-1222)

Art. 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or
more solidary debtors offer to pay, the creditor may choose which offer to accept.

He who made the payment may claim from his co-debtors only the share which corresponds to
each, with the interest for the payment already made. If the payment is made before the debt is
due, no interest for the intervening period may be demanded.

When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the
debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the
debt of each. (1145a)

Example:
A, B, C were solidarily indebted to X in the amount of P6,000 payable on June 1, 2015, A
paid X the whole amount of P6,000. The effect of A’s payment was to extinguish the obligation. If
A and B at the same time offered to pay the debt, then it was up to X which offer to accept. If the
offer of A was accepted by X, then A now becomes the creditor of his co-debtors, B and C. By
reason of A’s payment, B should reimburse A P2,000 pertaining to his share with interest. C
should reimburse A another P2,000 as his share to A because of C’s insolvency.

Art. 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-
debtors if such payment is made after the obligation has prescribed or become illegal. (n)
Example:
A and B solidarily owned X the amount of P200 which fell more than 10 years ago. The
indebtedness is evidenced by a written instrument. Under the law, X had a period of ten(10)
years within which to enforce his rights to collect from A and B. But X did nothing to collect the
debt from his debtors; hence, his right to enforce the debt against A and B was lost by
prescription. Prescription extinguished the obligation of A and B.

Art. 1219. The remission made by the creditor of the share which affects one of the solidary
debtors does not release the latter from his responsibility towards the co-debtors, in case the
debt had been totally paid by anyone of them before the remission was effected. (1146a)

➢ If payment is made first, the remission is of no effect. There is no more to remit.

➢ If remission is made prior to the payment and payment is made, then there is payment by
mistake.

Art. 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does
not entitle him to reimbursement from his co-debtors. (n)

➢ If one of the solidary debtors obtained remission on the whole obligation, he is not entitle
to reimbursement from his co-debtors because remission is essentially gratuitous.

Art. 1221. If the thing has been lost or if the prestation has become impossible without the fault
of the solidary debtors, the obligation shall be extinguished.
If there was fault on the part of any one of them, all shall be responsible to the creditor, for the
price and the payment of damages and interest, without prejudice to their action against the
guilty or negligent debtor.
If through a fortuitous event, the thing is lost or the performance has become impossible after
one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand
upon him by the creditor, the provisions of the preceding paragraph shall apply. (1147a)
Example:
A, B and C are solidarily bound to deliver a determinate car to D. Without any fault on the
part of any one of the debtors, the car was lost through the fortuitous. The obligation is
extinguished.

Art. 1222. 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.
(1148a)
Example:
A and B are solidarily liable to C in the amount to P6,000. The entire debt was paid by B in
an action by C against A, the latter can raise the defense of payment by virtue of which the
obligation was extinguished.

 
SECTION 5. - Divisible and Indivisible Obligations

Divisible Obligation – is one which is capable of partial performance

Indivisible Obligation - is one which is not capable of partial performance
 
Art. 1223. The divisibility or indivisibility of the things that are the object of obligations in which
there is only one debtor and only one creditor does not alter or modify the provisions of Chapter
2 of this Title. (1149)

➢ This article merely states the principle that since the divisibility or indivisibility of
an obligation refers to the object or the prestation, the provisions governing the
nature and effect of obligations in general shall likewise apply.

Art. 1224. 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 consists. (1150)

Example:
A and B jointly obliged themselves to deliver a specific car to C, worth P100,000. At
maturity of the obligation, B could not deliver because he had sold his interest in the car to X.
Suppose C brought an action against A and B and the above facts were proven, together with the
damage of P10,000 suffered by C for the breach of the obligation, for how much should A and B
be liable? A should only be liable for P50,000, his corresponding portion of the price of the car,
while B should be liable for P50,000 and the additional sum of P10,000 for damages.

Art. 1225. For the purposes of the preceding articles, obligations to give definite things and
those which are not susceptible of partial performance shall be deemed to be indivisible.

When the obligation has for its object the execution of a certain number of days of work, the
accomplishment of work by metrical units, or analogous things which by their nature are
susceptible of partial performance, it shall be divisible.

However, even though the object or service may be physically divisible, an obligation is
indivisible if so provided by law or intended by the parties.

In obligations not to do, divisibility or indivisibility shall be determined by the character of the
prestation in each particular case. (1151a)
Example:
A obliged himself to deliver to B a specific car on January 1. The obligation is an indivisible
one because it is not capable of partial performance. The car must be delivered at one time and
as a whole.

SECTION 6. - Obligations with a Penal Clause

 
Penal Clause – A penal clause is an accessory undertaking to assume greater liability in case of
breach.
Characteristics of Penal Clauses:
1. Subsidiary – as a general rule, only penalty can be demanded, principal cannot be
demanded: Penalty is joint or cumulative
2. Exclusive – takes place of damage, damage can only demanded in the ff. cases:
a. Stipulation – granting right
b. Refusal to pay penalty
c. With dolo ( not of creditor)

Art. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for
damages and the payment of interests in case of noncompliance, if there is no stipulation to the
contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty
of fraud in the fulfillment of the obligation.

The penalty may be enforced only when it is demandable in accordance with the provisions of
this Code. (1152a)

Example:
Delia obliges herself to give Alicia P500.00 on December 25 th. They agree that if Delia
cannot give Alicia the P500.00 on December 25 th, Delia will pay Alicia P100.00 as penalty. Under
the circumstances, if Delia fails to give Alicia P500.00, then Alicia can demand of Delia the
payment of the penalty of P100.00 which will take the place of damages and payment of interest
occasioned by the breach.

Art. 1227. The debtor cannot exempt himself from the performance of the obligation by paying
the penalty, save in the case where this right has been expressly reserved for him. Neither can
the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the
same time, unless this right has been clearly granted him. However, if after the creditor has
decided to require the fulfillment of the obligation, the performance thereof should become
impossible without his fault, the penalty may be enforced. (1153a)

Example:
Juan obliges himself to construct the garage of Ricardo for P20,000 within two weeks.
They agreed that if Juan cannot finish the garage within two weeks, Juan shall pay Ricardo
P5,000 as penalty. In this case, Juan cannot pay the amount of P5,000 to Ricardo and desist from
complying with his obligation of constructing the garage. This is so because a penalty is not a
substitute for the principal obligation. Neither can Ricardo demand from Juan the payment of
the penalty where after demand for the fulfillment of the obligation, such fulfillment becomes
impossible without Ricardo’s fault.

Donato M. Galleon III