- Statute
- Civil Code
- Article
- Art. 1217
- 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. 1145a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Payment made by 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 the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each. (1145a)
Intellegal Wiki · In plain terms
Payment by any one solidary debtor discharges the whole debt; if several offer to pay, the creditor may choose whose payment to accept. The one who paid may recover from each co-debtor only that co-debtor's share, plus interest, but no interest for paying before the debt was due. A co-debtor's share that he cannot pay due to insolvency is shouldered by the others in proportion to their debts.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Negros Navigation Company v. Bpi/Ms Insurance Corporation G.R. No. 225877
- Benigno M. Vigilla v. Philippine College of Criminology G.R. No. 200094
- Department of Agriculture-Regional Field Unit No. 02 v. Agustin B. Taguibao G.R. No. 205123
- Napoleon M. Cruz v. Spouses Mariano Basister G.R. No. 196576
- Government Service Insurance System (Gsis) v. National Labor Relations Commission G.R. No. 157647