Text of the provision
Art. 1222. A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible.
(1148a)
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
A solidary debtor sued by the creditor may raise defenses from the nature of the obligation, those personal to himself, and — only as to the corresponding share — those personal to the other debtors.
Questions about this provision
Related provisions
- Article 1221 — Loss of the Thing in Solidary Obligations.
- Article 1223 — Divisibility Does Not Alter a Single-Party Obligation.
Cases citing this article
- Philippine Blooming Mills, Inc., et al. vs. Court of Appeals, et al, G.R. No. 142381, October 15, 2003 — read the decision on LawPhil →
- 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 →
- JAPRL Development Corp., et al. vs. Security Bank Corporation, G.R. No. 190107, June 6, 2011 — read the decision on LawPhil →
- Lafarge Cement Philippines Inc., et al. vs. Continental Cement Corporation, et al, G.R. No. 155173, November 23, 2004 — 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.