Short answer. Yes, until one of them demands payment. Article 1214 lets the debtor pay any one of the solidary creditors; but once a demand, judicial or extrajudicial, has been made by one of them, payment should be made to that creditor. Paying a different one afterwards does not discharge you.
What the law says
The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him.
Civil Code, Article 1214 — Payment to a Solidary Creditor. Read the full provision →
Any one of them is a valid payee
Article 1214 provides that The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. The first half follows from what solidarity on the creditor side means: each of them holds the right to the whole credit, so each is a person entitled to receive the whole. You are not required to track them all down, obtain their joint signatures, or split the payment among them in proportion to shares you may not even know. As between you and them, one properly paid creditor counts as all of them.
The demand is what changes things
The second half is where debtors come unstuck. A demand by one creditor fixes the person entitled to be paid, and the article expressly covers extrajudicial demands, so it takes no filed case to trigger it. An ordinary written demand letter is exactly what the provision contemplates. Once one creditor has demanded, paying a different one is payment to someone the law has, for the moment, displaced — and a payment that is not a valid discharge leaves you exposed to being asked for the same money again. Keep every demand you receive together with the date it arrived, because the sequence of events is what decides this.
How they divide it is not your problem
Pay the right creditor and the obligation is extinguished as to all of them. Article 1215 provides that novation, compensation, confusion or remission of the debt made by any of the solidary creditors extinguishes the obligation, and that the creditor who executed such an act, as well as the one who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. The internal accounting therefore runs among the creditors. A creditor who feels short-changed by his co-creditor has a claim against that co-creditor, not a second claim against you.
Confirm that they really are solidary
Before relying on any of this, check the premise. Article 1207 makes solidarity the exception: it exists only when the obligation expressly so states, or when the law or the nature of the obligation requires it. If your creditors are merely joint, the opposite rule governs — each may demand only his own share, and handing the entire sum to one of them overpays him without discharging the rest. Whichever arrangement applies, take a receipt that names the payee, the amount and the obligation being settled. That document is what ends the argument later.
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.
- Bank of the Philippine Islands vs. Tacila Fernandez, G.R. No. 173134, September 2, 2015 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1214 — Payment to a Solidary Creditor
- Civil Code, Article 1215 — Novation, Compensation, Confusion, Remission by a Solidary Party
- Civil Code, Article 1207 — Joint and Solidary Liability Defined
- Civil Code, Article 1212 — Useful and Prejudicial Acts of a Solidary Creditor