One of my fellow solidary creditors collected the entire debt from the debtor - do I have a right to claim my share from him?

A solidary creditor who collects must share

In a solidary obligation, any one of several creditors may collect the whole debt from the debtor — that is the convenience of solidarity for creditors. But collecting it does not make it his alone. Article 1215 provides that the creditor who executes certain acts on the obligation, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. So when your co-creditor took in the full amount, the internal accounting kicks in: he holds the others' shares for them. You are entitled to demand from him the portion of the obligation that corresponds to you.

The same rule covers novation, compensation, and the rest

The article does not single out collection. It also addresses novation, compensation, confusion, and remission made by any of the solidary creditors, treating them as acts that shall extinguish the obligation as to the debtor. The creditor who performs any of those acts is placed under the same duty to answer to his co-creditors for their shares. In other words, whichever way one creditor turns the common claim into a benefit for himself — by collecting it or by dealing it away — he cannot pocket what belonged to the others. The law channels the value back to everyone entitled to it.

How your share is measured

Your claim is for the share corresponding to you in the obligation. Among solidary creditors, the shares are presumed to be equal unless the arrangement between you provides otherwise, so absent a different agreement you look to an equal split of the collected amount. If your understanding assigned unequal shares, that governs instead. The point is that the figure is your internal entitlement, not the whole sum — the creditor who collected is accountable to you for your part, while keeping his own. Your demand is measured by what you were due within the group, not by what he received in total.

Your claim is against the collecting creditor

This right runs against your co-creditor, not the debtor. Once the debtor pays a solidary creditor, the debtor is discharged and cannot be made to pay again; your recourse is to the creditor who received the money. That is why the law makes the collecting creditor liable to the others rather than reviving the claim against the debtor. Practically, this means keeping proof of the solidary arrangement and of the collection, and pursuing your share within the applicable time limits. If your co-creditor refuses to hand over your portion, the obligation the law imposes on him is the basis for compelling it.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

• Benedicto V. Yujuico vs. Far East Bank and Trust Company, G.R. No. 186196, August 15, 2018 — read the decision on LawPhil →
• Roxaco-Asia Hospitality Corporation vs. Gulf Canary Contruction and Development, Inc. and Asia United Insurance, Inc, G.R. No. 246250, September 29, 2025 — read the decision on LawPhil →
• Great Asian Sales Center Corporation, et al. vs. The Court of Appeals, et al, G.R. No. 105774, April 25, 2002 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 1215 — Novation, Compensation, Confusion, Remission by a Solidary Party