may X X collect collect and and from from whom? whom?
Answer:
X, being a solidary creditor, may collect the
sum of P18, 000. 00. However, since the
debtors are joint debtors, he may collect
only P6,000 from each of them. After
collecting the sum of P18,000. 00, X must give
Y and Z's share of P6,000. 00 each.
A, Band C, solidary debtors, are obliged to give X, Y and Z, joint creditors, P18,OOO.00.How much may A be held liable?
Answer: A, being a solidary debtor, may be held liable for
P18,000.00. However, since the creditors are joint creditors, each of them may collect only P6,000.00 from A. If A pays the whole amount of P18,000.00 to the creditors, A can demand reimbursement of P6,000.00 each from Band C.
A, Band C, solidary debtors, are obliged to give X, Y and Z, solidary creditors, P18,000.00. How much may Z collect and from whom?
Answer: Z may collect P18,OOOfrom any of the solidary debtors each of whom may be held liable for the entire obligation. If Z collects P18,000.00 from A, Z must give X and Y P6,OOO.00each. A, on the other hand, can demand reimbursement from Band C at P6,000.00 each.
Some
Some problems problems when when there there is is unequal unequal sharing sharing in in thethe debt
debt and/or and/or creditcredit
A and B owe X and Y P10,OOO.00T. he share of A in the debt is 40%, while that of B is 60%. The share of X in the credit is 70%, while that of Y is 30%. '
1. Joint debtors and joint creditors
A can be held liable for not more than P4,OOO.00 (40% of P10,OOO.00, while B, not more than P6,OOO.00 (60% of P10,OOO.00). X can collect not more than P7,OOO.00 (70% of P10,OOO.00), while Y, not more than P3,OOO.00 (30% of P10,000.OO.)
a. How much may X collect from A? from B?
From A, X may collect P2,800.00 (40% of P7,000.00.), From B, X may collect P4,200.00 (60% of P7,000.00.)
(Alternative computation: A, (P4,000.00 x 70% = P2,800.00); B, (P6,000.00 x 70% = P4,200.00)
b. How much may Y collect from A? from B?
From A, Y may collect P1,200.00 (40% of P3,000.00). From B, Y may collect
P1,800.00 (60% of P3,000.00.) (Alternative computation:
A, (P4,OOO.00 x 30% = P1,200.00);
B, (P6,OOO.00 x 30% = P1,800.00)
2. Joint debtors and solidary creditors (active solidarity) a. How much may X collect from A? from B?
X, being a solidary creditor, may collect the whole amount of
P10,OOO.00. However, since the debtors are joint debtors, he cannot collect more than P4,OOO.OOfrom A, and not more than P6,OOO.00 from B. After collecting the amount of P10,OOO.00, he must give P3,OOO.00 to Y representing the latter's share in the credit.
b. How much may Y collect from A? from B?
If Y is the one collecting, may collect the whole amount of P10,OOO.00.
However, since the debtors are joint debtors, he cannot collect more than P4,OOO 00 from A, and not more than P6,OOO.00 from B. After collecting the amount of P10,OOO.00, he must give P7,OOO.00 to X representing the latter's share in the credit.
3. Solidary debtors and joint creditors (passive solidarity) a. How much may A be held liable and by whom?
A may be held liable for the whole amount of P10,OOO.00. However, since the creditors are jolntly bound, X can collect from him not more than P7,OOO 00, and Y, not more than P3,OOO.00. After A has paid the debt, he can demand reimbursement from B in the amount of
P6,OOO.00.
b.How much may B be held liable and by whom?
B may be held liable for the whole amount of P10,OOO.00. However, since the creditors are jolntly bound, X can collect from him not more than P7,OOO.00, and Y, not more than P3,OOO.00. After B has paid the debt, he can demand reimbursement from A in the amount of P4,OOO.00.
4. Mixed solidarity
Here, either X or Y may collect from either A or B the whole amount of P10,OOO.OO. If A is the one paying, he can demand reimbursement from 8 in the amount of P6,OOO.OO. If the 8 is the one paying, he can demand reimbursement from A in the amount of P4,OOO.OO. If X is the one collecting, he must give P3,OOO.OO to Y. If Y is the one collecting, he must give P7,OOO.OO to X.
A and B are solidary debtors of X and Y, solidary creditors, in the A and B are solidary debtors of X and Y, solidary creditors, in the amount
amount of of P20,OOO.OOP20,OOO.OO..
1. If X renounces or remits the whole obligation without the consent of Y, will the obligation be extinguished?
Answer: Yes, because the remission made by any solidary creditor extinguishes the whole obligation. (Art. 1215) However, X has to give Y's share of P10,000.00 since a solidary creditor may not do anything prejudicial to his co-solidary creditors. (Art. 1212) A solidary creditor who has caused the extinguishment of the
obligation by 'remission, novation, compensation or confusion, or who has collected the debt, shall be liable to the others for the shares corresponding to them. (Art. 1215).
2. Suppose the remission of the whole obligation was obtained by A, may A demand reimbursement from 8?
Answer: No, because the remission of the whole obligation obtained by one of the solidary debtors does not entitle him to reimbursement from his co-debtors (Aft 1220), remission being the gratuitous abandonment by the creditors of their rights to the obligation.
3. Suppose that X renounces or remits A's share amounting to P10,OOO.OO. However, it turned out that 8 had already paid P20,OOO.OO to Y two days before. May 8 still collect P10,OOO.OO from A representing A's share?
Answer: Yes, B may still collect fromA P10,000.00. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from responsibility to his co-debtors, in case the debt has been totally paid by anyone of them before the remission was effected. (Art.1219) A's remedy will be to go after X or Y to col/ect the sum he paid to B.
A is indebted to X, Y and Z, solidary creditors, for P24,OOO.OO. Suppose X makes a demand against A, to whom shall A pay?
Answer: A must pay to X. If A pays to another solidary creditor, say Y, the sum of P24,000.00, the payment, as a rule, is valid only with respect to V's share of PB,000.00. Thus, if X and Z do not receive their respective shares from Y, Acan still be held liable for P16,000.00. (See Art. 1214.)
Joint
Joint indivindivisible isible obligation, obligation, concept concept and and characteristicscharacteristics
A joint indivisible obligation is an obligation where the debtors or creditors are jointly bound but the prestation or object is indivisible. It has the following characteristics:
1. The creditors must act collectively, meaning, all of them must make the demand unless one is specifically authorized to act for the others. (Art. 1209) A demand made by one or some but not all of the creditors will not be effective.
2. The demand must be made against all the debtors since compliance is possible only if they act together. (Art. 1209)
3. The right of the creditors may be prejudiced only by their collective acts.
Thus, a renunciation made by a joint creditor extinguishes only his own share. The obligation, however, is converted into an obligation to pay the value of the thing. If all joint creditors make the renunciation, the obligation is extinguished. (Art. 1209)
4. If one of the debtors does not comply with his undertaking, the obligation is converted into a monetary obligation to pay damages. The debtors who may have been ready to comply shall not contribute to the indemnity beyond the corresponding price of the thing or the value of the service in which the obligation consists. (Art. 1224)