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Article 1216 and 1217, Civil Code

Solidary debtors are jointly and severally liable for the full payment of an obligation to a creditor. The creditor can demand payment from any or all solidary debtors simultaneously or successively until the debt is paid in full. While a solidary debtor is both a principal debtor and a surety, an extension of time given to one debtor by the creditor would not release other co-debtors. A judgment favorable to the creditor against one debtor allows the creditor to still pursue other debtors until full payment. A judgment in favor of one debtor extinguishes the obligation for that debtor except under certain circumstances. Payment by one solidary debtor extinguishes the obligation and entitles that debtor

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765 views2 pages

Article 1216 and 1217, Civil Code

Solidary debtors are jointly and severally liable for the full payment of an obligation to a creditor. The creditor can demand payment from any or all solidary debtors simultaneously or successively until the debt is paid in full. While a solidary debtor is both a principal debtor and a surety, an extension of time given to one debtor by the creditor would not release other co-debtors. A judgment favorable to the creditor against one debtor allows the creditor to still pursue other debtors until full payment. A judgment in favor of one debtor extinguishes the obligation for that debtor except under certain circumstances. Payment by one solidary debtor extinguishes the obligation and entitles that debtor

Uploaded by

Dindo Roxas
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Roxas, Dindo Mark Jerome A.

Article 1216. The creditor may proceed against any one of the solidarily debtors or some or of the
simultaneously. The demand made against one of them shall not be an obstacle to those which may
subsequently be directed against the other, so long as the debt has not been fully collected. (1144a)

Passive Solidarity and Suretyship- Both are not identical but as to liability, both are liable to the creditor
for the payment of the entire obligation, and both may require after the payment be reimbursed. But a
solidary debtor, is both a principal debtor and a surety; his responsibility to his co-debtor is primary;
and, an extension of time given buy the creditor to the a debtor would not release a solidary co-debtor
but would release a solidary guarantor or surety

Actions based on Solidarity- Solidary debtors may be sued simultaneously in one suit or successively in
different actions. The provisions, however, are not of public interest. The parties, therefore, may validly
stipulate that the solidary debtors can only be sued simultaneously, or they may provide for the order in
which the debtors may be sued individually.

a. Judgement as regards Creditors - If a judgement is favorable to the creditor, there seems to be


np doubt that, under art. 1212, this inures to the benefit of the co-creditors. But if the
judgement is adverse to the plaintiff, is it a bar to an action by the other co-creditors? The
answer is that the judgement adverse to a solidary creditor can be set up against the other co-
creditors in subsequent actions, unless it’s founded on a cause personal to the plaintiff in the
first action. It is based on art. 1214, once an action is filed by a solidary creditor, he represents
all the others and payment can be made only to him.
b. Judgement as regards Debtors - If the judgement is favorable to the plaintiff, but the defendant
is solidary insolvent, it is obvious from this provision that other debtors can still be sued until the
debt is fully paid. The judgement against one debtor, however, cannot be enforced against the
others; a new action must be filed against the other. If the judgement is rendered against
several defendants, it can only be revived against one of them. But if the judgement is favorable
to the solidary debtor, can this judgement be set up as res judicata by other debtors if they are
later sued? The answer is that the judgement in favor of one solidary debtor amounts to an
extinguishment of the obligation with respect to him except when the cause is personal to other
co-debtors.

Article 1217. Payment made by a 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
debtors paying the obligation, such share shall be borne by all his co-debtors, in proportion to the
debt of each. (1145a)

Payment by Solidary Debtor – Payment of one of the solidary debtors and subsequent release from the
liability results in release form liability of other debtors to the creditors. The payment of the one of the
solidary debtors produces the right in favor of the paying co-debtor and imposes on the other co-
debtors the duty to pay him their shares in the discharged obligation. The paying co-debtor may only
collect the share money that the co-debtor is obliged to pay.

Partial Payment – If a solidary debtors pays the obligation in part, he can recover reimbursement from
the co-debtors only in so far as his payment exceeded his share of obligation.

Reimbursement – If one of the solidary debtors pay the whole obligation, the resulting obligation of the
co-debtors to reimburse him becomes joint. If one became insolvent, the other co-debtors must
shoulder the debt proportionately.

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