JOINT OBLIGATION AND SOLIDARY OBLIGATION

2. A, B and C solidarily promise to give Php9,000 to joint creditors X, Y, and Z.

Explain this obligation in the same manner as above.

Q102. How much can X collect from A?

Q103. If X is able to collect only Php1,000 from A, can X go to B to collect? If yes, how much can he collect from B?

JOINT INDIVISIBLE OBLIGATION

Article 1209 - "If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share."

Here, the obligation is joint because the parties are merely proportionately liable and the subject matter is not physically divisible

Example

W and X jointly promise to give a mobile phone valued at P40,000 to Y.

Q104. If on the date of delivery, only W is capable of fulfilling his proportionate obligation, does Y have a cause of action against X, that is, can Y proceed against X for the delivery of the mobile phone? Explain.

DIVISIBLE OBLIGATION AND INDIVISIBLE OBLIGATION

Examples

1. W promises to give Php10,000 to X.

Q105. What kind of obligation is this presumably, divisible or indivisible? Why?

Q106. Restate the sentence to make it explicitly divisible obligation.

Q107. Restate the sentence to make it explicitly indivisible obligation.

2. W promises to give a mobile phone to X.

Q108. Is this divisible obligation or indivisible obligation? Why?

OBLIGATIONS WITH A PENAL CLAUSE

(ARTICLES 1226 -1230)

Example -

W promises to give his laptop (good for office or school use) to X before the start of the semester. If W fails, W promises to pay P50,000 to X as penalty.

Q109. What is the accessory obligation here?

Q110. What is the principal obligation here?

Q111. What are the purposes of a penal clause/accessory obligation?

A111. The purposes are to ensure the performance of the principal obligation by the debtor, to substitute for indemnity for damages and payment of interest in case of breach of the principal obligation, and to punish the debtor for non-fulfillment of his principal obligation.

3. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded.

Q112. If W fails to give a laptop to X before the start of the semester and, because of this, X buys a gaming laptop worth P40,000 using his credit card, does X have to show the credit card receipt to W in order for X to demand performance by W of the accessory obligation?

Q113. How much can X collect from W, P40,000 or P50,000?

Q114. If the gaming laptop bought by X is worth P60,000, how much can X demand from W?

Q115. Assuming that it was Y, the godfather of X, who paid for the laptop, can X still demand from W the performance of the accessory obligation?

4. The accessory obligation shall substitute for indemnity for damages and the payment of interest in case of breach of principal obligation save for three (3) exceptional cases

Q116. What are the three (3) exceptional cases wherein damages may be demanded by the creditor even after demand from the debtor to perform the accessory obligation?

A1. (1) If there is no stipulation to the contrary;

(2) If the debtor refuses to perform the accessory obligation; and

(3) If the debtor is guilty of fraud in the performance of the obligation.