Article 1220 & 1221


Article 1220



The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.

Ang pagpapatawad sa buong pagkakautang ay nakuha sa pamamagitan ng isa sa magkakasamang mangungutang wala siyang karapatan na manghingi ng bayad mula sa kapwa niyang mangungutang.

Illustration:

A, B and C are solidary debtors to D. They owed D Php 20,000 that B offered to pay. D, being a kind and impulsive person, remitted the amount to B. The obligation is extinguished and B is not entitled to reimbursement from A and C as B did not spend anything for the remission granted by D as it is a gratuitous one.

Article 1221

If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.

If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor.

If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. (1147a)


Kung ang bagay ay nawala na o kung ang pagbabayad ay imposible na walang pagkakamali ang magkakasamang mangungutang, ang pagbabayad ay mawawala na.

Kung mayroon kasalanan ang sino man sa kanila ang lahat ay mananagot sa mga pinagkakautangan para doon sa presyo at kabayaran ng danyos at tubo, na walang sagabal na maghabol laban sa napatunayan o nagpabayang kasamang mangungutang.

Kung sa pamamagitan ng kalikasan / hindi inanasahan pangyayari, ang bagay ay nawala o ang pagbabayad naging imposible na pagkatapos ng isa sa magkakasasamang pangungutang ay na antala sa pamamagitan ng panghukuman o labas sa hukuman paniningil , ang mga susug ng artikulong 1147 ang masusunod.

Limited to a Loss of Thing - If the loss or impossibility is due to fortuitous event, without fault or delay on the part of any debtor, then the obligation is extinguished; no debtor can be held liable for damages.

Illustration:

A & B are bound solidary to deliver to the creditor a deteminate object, jewelries worth of 10 million pesos that was kept in the vault of B, because of the negligence of B the jewelries were stolen. The creditor can demand the payment of the full amount of the jewelries from A. If A pays the creditor the full amount plus damages, A can recover the full amount he paid to the creditor from B. But if the action was brought by the creditor against B, then B cannot recover any part of the price & damages from A. B bears the entire burden of indemnity.

Non- Performance Without a Loss- If the thing is not lost, but there is a delay. The creditor may also recover indemnity for damages from any solidary debtors. However the guilty debtor cannot be made to shoulder, as part of the indemnity, the shares of the co-debtors in the original obligation.

Illustration:

A & B are bound solidary to deliver to the creditor jewelries worth of 10 million pesos (generic object). At maturity, the creditor demands the performance of B, but he fails to perform and there was a delay. The creditor sues A and made to pay the price of the jewelries plus damages and interest. A can recover only the share of B in the obligation and B will pay exclusively all the damages and intetrest because he is the one who is liable for the cause of delay.

Q If one of the solidary debtors obtained the remission of the whole obligation, can he reimburse from his co-debtors?

A No, he is not entitled to reimburse from his co-debtors because he did not pay anything to creditor and the whole obligation was cancelled by the creditor.


Many thanks & God bless.

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