Text of the provision
Art. 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded. When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each.
(1145a)
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
Payment by one solidary debtor extinguishes the obligation; the payer may then recover from each co-debtor only their share, with interest. An insolvent co-debtor's share is borne by all the others proportionally.
Related provisions
- Article 1216 — Creditor May Sue Any Solidary Debtor.
- Article 1218 — Payment After Prescription or Illegality.
Cases citing this article
- Gloria Paje, Lolita Gomez, Miriam Catacutan, Estrella Zapata, Gloria Sumang, Juanita Julieta Dingal, Myra Amante, and Fe S. Bernardo vs. Spic N' Span Service Corporation, G.R. No. 240810, February 28, 2022 — read the decision on LawPhil →
- Rafael M. Crisol, Jr. vs. Commission on Audit, G.R. No. 235764, September 14, 2021 — read the decision on LawPhil →
- Merrie Anne Tan vs. First Malayan Leasing and Finance Corp., New Unitedware Marketing Corp, G.R. No. 254510, June 16, 2021 — 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.