- Statute
- Civil Code
- Article
- Art. 1208
- Topic
- Different Kinds of Obligations
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 3 Different Kinds of Obligations
- Formerly
- Art. 1138a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. (1138a)
Intellegal Wiki · In plain terms
When the law, the nature of the obligation, or its wording gives no contrary indication, a debt or credit with several creditors or debtors is presumed merely joint. It splits into as many separate shares as there are parties, each share treated as a distinct obligation, subject to the court rules on avoiding multiple suits.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Philippine Commercial International Bank v. Court of Appeals G.R. No. 121989
- Lourdes P. Ty v. Zenaida B. Gonzales G.R. No. 203285