Text of the provision
Art. 1208. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.
(1138a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Unless the contrary appears, a debt with several parties is presumed divided into as many equal, distinct shares as there are creditors or debtors. This is the default joint (not solidary) obligation.
Related provisions
- Article 1207 — Joint and Solidary Liability Defined.
- Article 1209 — Joint Indivisible Obligations.
Cases citing this article
- Carlos B. Lozada, Ricardo L. Medalla, Jr., Llewelyn A. Villamor, Rowena DL San Gabriel, G.R. No. 230383, July 13, 2021 — read the decision on LawPhil →
- Edwin Alacon Atienza vs. TKC Heavy Industries Corporation and Leon Tio, G.R. No. 217782, June 23, 2021 — read the decision on LawPhil →
- Sps. Amado O. Ibañez and Esther R. Ibañez vs. James Harper as Representative of the Heirs of Francisco Muños, Sr. the Register of Deeds of Manila and the Sheriff of Manila, G.R. No. 194272, February 15, 2017 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.