Article 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
Artikulo 1211. Ang pagkakaisa ay umiiral bagamat ang pinagkakautangan at ang nagkakautang ay maaring hindi nakatali sa parehong paraan at sa parehong panahon at kondisyon.
The solidarity of the debtors is not affected even if different terms and conditions are made applicable to them.
Enforcement of the terms and conditions may be made at different times. The obligations which have matured can be enforced while those still undue will have to be awaited. Enforcement can be made against any one of the solidary debtors although it can happen that a particular obligation chargeable to a particular debtor is not yet due. He will be answerable for all the prestations which fall due although chargeable to the other co-debtors.
Forms of Solidarity According to Sanchez Roman
- Uniform Solidarity – when the debtors are bound by the same terms and conditions or stipulations.
- Varied Solidarity – when the debtors while bound under the same obligation (like a loan) are not subject to the same terms and conditions of payment but to different secondary stipulation or clauses.
Example:
A, B, C, and D obliged themselves solidarily to pay E P20,000.00, as follows:
A, to pay by installment at the rate of P1,000.00 a month, to start in July; B, to pay in September; C, to pay in December; and D, if E passes the Bar examinations.
(a) In July, E can demand only P1,000.00 from A. E can also make a demand from B, C, and/or D the P1,000.00 share corresponding to A. But E cannot recover yet the shares of B, C, and D which are not yet due and demandable.
(b) In September, E is entitled to collect from any of the solidary debtors the share corresponding to B which is P5,000.00 and A, P1,000.00 or P3,000.00, if A had not yet paid any installment. The shares of C and D are not yet recoverable.
(c) In December, E can recover from any of the solidary debtors, the share corresponding to C in the amount of P5,000.00 plus such amounts from the shares of A and B which have not yet been paid. The share of D will mature only after E passes the Bar examinations.
(d) If E passes the Bar examinations, the obligation of D to pay P5,000.00 arises. This amount can be demanded from any of the solidary debtors. Again, E is also entitled to recover all amounts which are already due and demandable and unpaid pertaining to the shares of A, B, and C.
(e) If the agreement is that E may demand the entire obligation from B in September, from C in December, or from D if E passes the Bar examinations, then B is liable for P20,000.00 in September less the amount, if any, already paid by A and D; C is liable for P20,000.00 in December less the amount, if any, already paid by A, B, and D. D is liable for P20,000.00 if E passes the Bar examinations less the amount, if any, already paid by A, B, and C.
OBLIGATIONS AND CONTRACTS 