THE LAW ON OBLIGATIONS AND

CONTRACTS

ARTICLE 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.

ARTICLE 1222

Defenses available to a solidary debtor

A) defenses derived from the nature of the obligation.

Example:

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 extinguished.

ARTICLE 1222

B.) Defenses personal to, or which pertain to share of debtor sued.

Example

Other Examples: Vitiated Consent, incapacity of one of the parties etc.

C.) Defenses personal to other solidary debtors.

Example

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 entire obligation.

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.

ARTICLE 1223

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.

ARTICLE 1223

Kinds of Indivisibility

A) Conventional- agreed by the parties to be indivisible, although by nature is divisible.

B) Natural or Absolute Indivisibility- by nature, the object does not admit division.

C) Legal Indivisibility- the indivisibility is provided by law.

Example 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.

ARTICLE 1124

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)

ARTICLE 1124

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 share.

ARTICLE 1124

Example

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.