201.
The following are the effects of joint obligation, except:
A. The defect of each obligation arising from the personal defect of a particular joint debtor or joint
creditor does not affect the obligation or right of the other joint parties.
B. Insolvency of one joint debtor makes the other joint debtor or debtors responsible for his
proportionate share.
C. The demand by the creditor or creditors on one joint debtor puts him in delay in case of non-
payment while the other joint debtor or debtors are not liable.
D. The defenses of one joint debtor are not necessarily available to the other joint debtor or debtors.
B. Effects of joint obligation
1. The defect of each obligation arising from the personal defect of a particular joint debtor or joint
creditor does not affect the obligation or right of the other joint parties.
2. Insolvency of one joint debtor does not make the other joint debtor or debtors responsible for his
proportionate share.
3. The demand by the creditor or creditors on the joint debtor puts him in delay in case of non-
payment while the other joint debtor or debtors are not liable.
4. The defenses of one joint debtor are not necessarily available to the other joint debtor or debtors.
For example, B and C owes X and Y the amount of P100,000. In the present case, since there is no
agreement, it is disputably presumed that the obligation of B and C are joint and that the credit of X and
Y are also joint. It means that B’s share in the obligation P50,000 so that he will only pay X P25,000 and
another P25,000 to Y. This is the same with C. As to X, his credit is P50,000 so that he can only demand
from B the amount of P25,000 and from C the other P25,000. This is the same with Y.
202. An obligation where each one of the debtors is bound to render and/or each of the creditors has a
right to demand entire compliance with the prestation.
A. Alternative obligation
B. Facultative obligation
C. Joint obligation
D. Solidary obligation
D. Other terms interchangeably used with solidary obligations
1. “Solidary obligations” may be used interchangeably with “joint and several” or “several”.” Thus, use
of the term “joint and solidary” is confusing and ambiguous; or (Lafarge Cement Philippines, Inc., et.al.,
vs. Continental Cement Corporation, et.al., G.R. No. 155173, November 23, 2004)
2. “In solidum”; or
3. “Mancomunada solidaria”; or
4. “Juntos o separadamente”; or
5. “Individually and collectively.”
For example, B and C owes X and Y the amount of P100,000. Their agreement is solidary. Thus, B and C
can pay the entire amount of P100,000 subject to reimbursement so that if it is B who paid the P100,000
to X, B can ask reimbursement of P50,000 from C. On the other hand, if X received the amount of
P100,0000, it is his obligation to give the P50,000 to Y, his share of the obligation.
203. The following are other terms interchangeably used with joint obligations, except:
A. Pro rata
B. In solidum
C. Mancomunada
D. Proportionale
B
204. A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P39,000.
A. V may collect from D P39,000.
B. V may collect from D P9,750.
C. V may collect from D P7,800.
D. V may collect from D P29,000.
205. The following are other terms interchangeably used with joint obligations, except:
A. Juntos o separadamente
B. Jointly
C. Mancum
D. Proportionate
206. The following are other terms interchangeably used with solidary obligations, except:
A. Joint and several
B. Several
C. Proportionate
D. Juntos o separadamente
207. The following are other terms interchangeably used with solidary obligations, except:
A. Joint and several
B. Several
C. Juntos o separadamente
D. Mancum
208. The following are other terms interchangeably used with solidary obligations, except:
A. Joint and several
B. Conjoint
C. Individually and collectively
D. Juntos o separadamente
B
209. This is a promissory note:
“I promise to pay A, B and C the sum of P18,000” (sgd) D, E, and F.
A. F is obliged to pay P6,000.
B. F is obliged to pay P2,000.
C. F is obliged to pay P12,000
D. F is obliged to pay P18,000
A. D, E, and F are solidarily liable the payees are joint creditors.
210. I. In a “joint” obligation, each obligor answers only for a part of the whole liability.
II. In a “solidary” or “joint and several” obligation, the relationship between the active and the passive
subjects is so close that each of them must comply with or demand the fulfillment of the whole
obligation.
a. Only I is true
b. Only II is true
C. Both are true
d. Both are false
C. In a “joint” obligation, each obligor answers only for a part of the whole liability; in a “solidary” or
“joint and several” obligation, the relationship between the active and the passive subjects is so close
that each of them must comply with or demand the fulfillment of the whole obligation (Lafarge Cement
Philippines, Inc., et al., vs. Continental Cement Corporation, et.al., G.R. No. 155173, November 23,
2004).
