Art. 1207.
The ___________ 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 ________, or that each one of the latter is
bound to render, entire compliance with the __________. There is a
________ liability only when the obligation ___________ so states, or
when the law or the nature of the obligation requires solidarity.
Art. 1208. If from the law, or the nature or the _________ of the
obligations to which the ___________ article refers the contrary does
not appear, the credit or debt shall be presumed to be _________ into
as many ______ as there are creditors or debtors, the credits or debts
being
considered
distinct
from
one
another,
subject
to
the
_________________ governing the ___________ of suits.
Art. 1209. If the division is __________, the right of the creditors
may be ___________ only by their ___________ acts, and the debt can be
enforced only by _________ against all the debtors. If one of the
latter should be __________, the others shall _________ liable for his
share.
Art. 1210. The _____________ of an obligation does not necessarily
give ______ to __________. Nor does ___________ of itself imply
______________.
Art. 1211. ___________ may exist
_________ may not be _______ in
__________________ and ___________.
although the _________ and
the same _________ and by
the
the
Art. 1212. Each _____ of the solidary __________ may do whatever may
be ______ to the others, but not _________ which may be ___________ to
the ________.
Art. 1213. A __________ creditor cannot _______ his _______ without
the ________ of the _______.
Art 1214. The _______ may ____ any ___ of the solidary creditors; but
if any ______, judicial or extrajudicial, has been made by one of
them, _______ should be made to him.
Art 1215. Novation, compensation, confusion or remission of the _____,
made by any of the solidary creditors or with any of the solidary
debtors, shall __________ the obligation, without __________ to the
provisions of Article 1219. The creditor who may have executed any of
these acts, as well as he who ________ the debt, shall be liable to
the others for the ______ in the obligation corresponding to them.
Art 1216. The creditor may proceed _________ any one of the solidary
debtors or _____ or ____ of them _______________. The demand made
against one of them shall not be an _________ to those which may
subsequently be directed against the others, so long as the debt has
not been fully ___________.
Art 1217. ________ made by one of the solidary debtors ______________
the obligation. If two or more solidary debtors offer to pay, the
creditor may choose which offer to _________. 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
________ may be demanded. When one of the solidary debtors cannot,
because of his insolvency, ___________ his share to the debtor paying
the obligation, such share shall be borne by all his co-debtors, in
___________ to the debt of each.
Art 1218. Payment by a solidary debtor ______ not entitle _____ to
reimbursement from his __________ if such payment is made after the
obligation has ___________ or become ________.
Art 1219. The remission ______ by the creditor of the share which
affects one of the solidary debtors does not ________ the latter from
his ______________ towards the co-debtors, in case the debt had been
totally _____ by anyone of them before the remission was _________.
Art 1220. The __________ of the _______ obligation, obtained by one of
the ________ debtors, does not _________ him to _____________ from his
co-debtors.
Art 1221. If the thing has been _____ or if the prestation has become
___________ without the ______ of the solidary debtors, the obligation
shall be ____________. 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
_________________, the thing is lost or the performance has become
impossible after one of the solidary debtors has incurred in _______
through the judicial or extrajudicial demand upon him by the creditor,
the provisions of the preceding paragraph shall apply.
Art 1222. A solidary debtor may, in actions filed by the creditor,
______ himself of all _________ which are derived from the ________ of
the obligation and of those which are _________ 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
_____ for which the latter are responsible.
Art 1223. The ______________ or ______________ of the ______ that are
the ________ of obligations in which there is only one debtor and only
one creditor does not ______ or _______ the provisions of Chapter 2 of
this Title.
Art 1224. A ______ indivisible obligation gives rise to __________ for
damages from the time anyone of the debtors does not comply with his
_____________. The ________ who may have been _______ to fulfill their
promises
shall
not
__________
to
the
indemnity
beyond
the
corresponding ________ of the price of the thing or of the value of
the service in which the obligation consists.
Art 1225. For the purposes of the preceding articles, obligations to
give ________ things and those which are not susceptible of ________
performance shall be deemed to be _____________. When the obligation
has for its object the __________ 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. _______, even though the object or service may be
physically divisible, an obligation is indivisible if so _________ by
law or intended by the parties. In obligations not to do, divisibility
or indivisibility shall be ___________ by the character of the
prestation in each particular case.
Art 1226. In obligations with a ______________, the penalty shall
substitute the indemnity for damages and the payment of interests in
______ of noncompliance, if there is no stipulation to the contrary.
____________, damages shall be paid if the _______ refuses to pay the
penalty or is guilty of _______ in the fulfillment of the obligation.
The penalty may be enforced only when it is ____________ in accordance
with the provisions of this Code.
Art 1227. The debtor cannot _______ himself from the performance of
the obligation by paying the penalty, save in the case where this
right has been expressly _________ for him. _________ can the creditor
demand the ______________ of the obligation and the satisfaction of
the penalty at the same time, unless this right has been ________
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 __________.
Art 1228. _______ of actual ________ suffered by the _________ is not
__________ in order that the penalty may be _________.
Art 1229. The ______ shall _________ reduce the penalty when the
principal obligation has been partly or irregularly complied with by
the debtor. Even if there has been no performance, the penalty may
_____ be reduced by the courts if it is __________ or _______________.
Art 1230. The _______ of the penal clause does not ______ with it that
of the __________ obligation. The nullity of the principal obligation
carries _____ it that of the _____ clause.
Art 1231. Obligations are ____________: (1) By payment or performance;
(2) By the loss of the thing due; (3) By the condonation or remission
of the debt; (4) By the confusion or merger of the _______ of creditor
and debtor; (5) By compensation; (6) By novation. _______ causes of
extinguishment
of
obligations,
such
as
annulment,
rescission,
fulfillment of a ___________ condition, and prescription, are governed
__________ in this Code.
Art 1232. ________ means not only the _________ of ______ but also the
__________, in any other manner, of an ____________.
Art 1233. A _____ shall not be understood to have been _____ unless
the thing or ________ in which the obligation _________ has been
__________ delivered or rendered, as the case may be.
Art 1234. If the obligation has been substantially performed in
______, the obligor may _______ as though there had been a ________
and complete fulfillment, less ________ suffered by the _________.
Art 1235. When the ________ accepts the __________, knowing its
_____________ or_________, and ________ expressing any ________ or
__________, the obligation is deemed fully complied with.
Art 1236. The creditor is ____ bound to accept payment or performance
by a ______ person who has no interest in the fulfillment of the
obligation, unless there is a ____________ to the contrary. Whoever
pays for another may demand from the debtor what he has paid, ______
that if he paid without the knowledge or against the will of the
debtor, he can ________ only insofar as the payment has been
__________ to the debtor.
Art 1237. _______ pays on _______ of the debtor without the __________
or against the will of the latter, cannot _______ the creditor to
_________ him in his rights, such as those arising from a mortgage,
guaranty, or penalty.
Art 1238. _______ made by a third person who does not ______ to be
reimbursed by the debtor is deemed to be a _________, which requires
the debtor's _______. But the payment is in any case _______ as to the
creditor who has accepted it.
Art 1239. In obligations to _____, payment made by one who does not
have the free ________ of the thing due and capacity to ________ it
shall not be valid, _______ prejudice to the provisions of article
1427 under the Title on "________________".
Art 1240. Payment shall be made to the ______ in whose ________ the
___________ has been constituted, or his ____________ in interest, or
any person __________ to receive it.
Art 1241. Payment to a person who is incapacitated to ____________ his
property shall be valid if he has _____ the thing delivered, or
insofar as the payment has been ____________ to him. Payment made to a
third person shall also be valid insofar as it has __________ to the
benefit of the creditor. Such benefit to the creditor need not be
proved in the following cases: (1) If after the payment, the third
person _________ the creditor's rights; (2) If the creditor _________
the payment to the third person; (3) If by the creditor's conduct, the
debtor has been led to believe that the third person had authority to
_______ the payment.
Art 1242. Payment made in _____________ to any _______ in __________
of the ________ shall release the _______.
Art 1243. Payment made to the _________ by the __________ after the
latter has been __________ ordered to _______ the debt shall not be
_______.
Art 1244. The debtor of a ______ cannot compel the creditor to
_________ a __________ one, although the latter may be of the same
value as, or more valuable than that which is due. In obligations to
do or not to do, an act or ____________ cannot be substituted by
another act or ______________ against the obligee's will.
Art 1245. Dation in payment, whereby property is alienated to the
creditor in satisfaction of a debt in money, shall be governed by the
law of sales. (n) Article 1246. When the obligation consists in the
delivery of an indeterminate or generic thing, whose quality and
circumstances have not been stated, the creditor cannot demand a thing
of superior quality. Neither can the debtor deliver a thing of
inferior
quality.
The
purpose
of
the
obligation
and
other
circumstances shall be taken into consideration. (1167a) Article 1247.
Unless it is otherwise stipulated, the extrajudicial expenses required
by the payment shall be for the account of the debtor. With regard to
judicial costs, the Rules of Court shall govern. (1168a) Article 1248.
Unless there is an express stipulation to that effect, the creditor
cannot be compelled partially to receive the prestations in which the
obligation consists. Neither may the debtor be required to make
partial payments. However, when the debt is in part liquidated and in
part unliquidated, the creditor may demand and the debtor may effect
the payment of the former without waiting for the liquidation of the
latter. (1169a) Article 1249. The payment of debts in money shall be
made in the currency stipulated, and if it is not possible to deliver
such currency, then in the currency which is legal tender in the
Philippines. The delivery of promissory notes payable to order, or
bills of exchange or other mercantile documents shall produce the
effect of payment only when they have been cashed, or when through the
fault of the creditor they have been impaired. In the meantime, the
action derived from the original obligation shall be held in the
abeyance. (1170) Article 1250. In case an extraordinary inflation or
deflation of the currency stipulated should supervene, the value of
the currency at the time of the establishment of the obligation shall
be the basis of payment, unless there is an agreement to the contrary.
(n) Article 1251. Payment shall be made in the place designated in the
obligation. There being no express stipulation and if the undertaking
is to deliver a determinate thing, the payment shall be made wherever
the thing might be at the moment the obligation was constituted. In
any other case the place of payment shall be the domicile of the
debtor. If the debtor changes his domicile in bad faith or after he
has incurred in delay, the additional expenses shall be borne by him.
These provisions are without prejudice to venue under the Rules of
Court. (1171a) SUBSECTION 1. Application of Payments Article 1252. He
who has various debts of the same kind in favor of one and the same
creditor, may declare at the time of making the payment, to which of
them the same must be applied. Unless the parties so stipulate, or
when the application of payment is made by the party for whose benefit
the term has been constituted, application shall not be made as to
debts which are not yet due. If the debtor accepts from the creditor a
receipt in which an application of the payment is made, the former
cannot complain of the same, unless there is a cause for invalidating
the contract. (1172a) Article 1253. If the debt produces interest,
payment of the principal shall not be deemed to have been made until
the interests have been covered. (1173) Article 1254. When the payment
cannot be applied in accordance with the preceding rules, or if
application can not be inferred from other circumstances, the debt
which is most onerous to the debtor, among those due, shall be deemed
to have been satisfied. If the debts due are of the same nature and
burden, the payment shall be applied to all of them proportionately.
(1174a) SUBSECTION 2. Payment by Cession Article 1255. The debtor may
cede or assign his property to his creditors in payment of his debts.
This cession, unless there is stipulation to the contrary, shall only
release the debtor from responsibility for the net proceeds of the
thing assigned. The agreements which, on the effect of the cession,
are made between the debtor and his creditors shall be governed by
special laws. (1175a) SUBSECTION 3. Tender of Payment and Consignation
Article 1256. If the creditor to whom tender of payment has been made
refuses without just cause to accept it, the debtor shall be released
from responsibility by the consignation of the thing or sum due.
Consignation alone shall produce the same effect in the following
cases: (1) When the creditor is absent or unknown, or does not appear
at the place of payment; (2) When he is incapacitated to receive the
payment at the time it is due; (3) When, without just cause, he
refuses to give a receipt; (4) When two or more persons claim the same
right to collect; (5) When the title of the obligation has been lost.
(1176a) Article 1257. In order that the consignation of the thing due
may release the obligor, it must first be announced to the persons
interested in the fulfillment of the obligation. The consignation
shall be ineffectual if it is not made strictly in consonance with the
provisions which regulate payment. (1177) Article 1258. Consignation
shall be made by depositing the things due at the disposal of judicial
authority, before whom the tender of payment shall be proved, in a
proper case, and the announcement of the consignation in other cases.
The consignation having been made, the interested parties shall also
be
notified
thereof.
(1178)
Article
1259.
The
expenses
of
consignation, when properly made, shall be charged against the
creditor. (1179) Article 1260. Once the consignation has been duly
made, the debtor may ask the judge to order the cancellation of the
obligation. Before the creditor has accepted the consignation, or
before a judicial declaration that the consignation has been properly
made, the debtor may withdraw the thing or the sum deposited, allowing
the obligation to remain in force. (1180)