Text of the provision
Art. 1216. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.
(1144a)
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
The creditor may proceed against any one, some, or all of the solidary debtors, and suing one does not bar later suits against the others until the debt is fully collected. This is the heart of solidarity's value to a creditor.
Related provisions
- Article 1215 — Novation, Compensation, Confusion, Remission by a Solidary Party.
- Article 1217 — Payment by a Solidary Debtor; Reimbursement.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.