A. Iya and Betty owed Jun P500,000.00 for advancing their equity in a corporation they joined as incorporators. Iya and Betty bound themselves solidarily liable for the debt. Later, Iya and Jun became sweethearts so Jun condoned the debt of P500,000.00. May lya demand from Betty P250,000.00 as her share in the debt? Explain with legal basis. (2%)
B. Juancho, Don and Pedro borrowed P150,000.00 from their friend Cita to put up an internet cafe orally promising to pay her the full amount after one year. Because of their lack of business know-how, their business collapsed. Juancho and Don ended up penniless but Pedro was able to borrow money and put up a restaurant which did well. Can Cita demand that Pedro pay the entire obligation since he, together with the two others, promised to pay the amount in full after one year? Defend your answer. (2%)
Suggested answer only. Not an official answer and not legal advice.
(A) Iya cannot demand P250,000.00 from Betty, and (B) Cita cannot demand that Pedro pay the entire P150,000.00 obligation. Under Article 1220 of the Civil Code, remission of the whole obligation obtained by one
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Quick check
Under Article 1220 of the Civil Code, what is the legal effect when a creditor remits the entire solidary obligation in favor of one solidary debtor?
Under Article 1220 of the Civil Code, remission of the whole obligation by the creditor does not entitle the solidary debtor to reimbursement.
Under Article 1207 of the Civil Code, when is an obligation with multiple debtors considered solidary?
Solidarity is never presumed and exists only when expressly stipulated, provided by law, or required by nature.
What is the legal presumption under Article 1208 of the Civil Code when multiple debtors borrow money without specifying solidary liability?
An obligation with multiple debtors is presumed joint, dividing the debt equally among them.
Why can Cita only demand P50,000.00 from Pedro out of the P150,000.00 borrowed by Juancho, Don, and Pedro?
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If one joint debtor becomes insolvent, can the creditor compel another solvent joint debtor to pay the insolvent debtor's share?
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1. Remission in Solidarity
Under Article 1220 of the Civil Code, the remission of the whole obligation obtained by one of the solidary debtors does not entitle her to reimbursement from her co-debtors. Remission is a gratuitous act or donation made by the creditor. Since the solidary debtor who benefited from the remission did not pay or expend any money or property to extinguish the obligation, she suffers no pecuniary loss. Consequently, she cannot claim contribution or reimbursement from her co-debtors for shares they would have otherwise owed.
2. Presumption of Jointness
Under Articles 1207 and 1208 of the Civil Code, when two or more debtors concur in a single obligation, the obligation is presumed to be joint rather than solidary. Solidary liability is never presumed and exists only when expressly stipulated by the parties, mandated by law, or required by the nature of the obligation. An oral agreement or promise by multiple debtors to pay an amount in full does not create solidary liability absent an explicit stipulation rendering each debtor liable for the entire debt.
3. Joint Liability Division
In a joint obligation, the credit or debt is presumed to be divided into as many equal shares as there are creditors or debtors. The share of each joint debtor is considered distinct and separate from the shares of the other co-debtors. Consequently, insolvency of one joint debtor does not make the remaining solvent joint debtors liable for his share. A joint creditor can demand from a joint debtor only his virile share of the total obligation.