One of the many cases lawyers handle is the matter regarding indebtedness or anything about money or property. Many relationships turned sour because money was borrowed or owed has not been returned on the promised date or time due to several reasons: the debtor really has no means of paying his obligation or simply wants to evade it altogether. To the creditor, the situation is really frustrating and irritating especially if the debtor is a friend who relied on that relationship in obtaining the loan. It will really poison friendships or even romantic relationships. As I always remind my listeners on Punto Legal which airs every Saturday on DZWT 540, never borrow money from a friend or even a boyfriend or girlfriend. Banks and other financial institutions are already everywhere who are very eager and willing to lend money. My reason for saying: Never borrow from a friend, is that the transaction will eventually destroy the relationship you have established for years. When you borrow from a friend you are unconsciously hoping that he or she will acquiesce because you are his friend and on the other hand your friend will most probably lend you money because he knows you will pay promptly because you are his friend. What if the borrower does not or cannot pay? This can compromise the friendship.
Two or more debtors In a situation where there are two or several debtors, can the entire debt be collected from one of them alone? First, the nature of the indebtedness or obligation must be known first whether it is a joint or solidary obligation. “In Spouses Berot V. Siapno, the Court defined solidary obligation as one in which each of the debtors is liable for the entire obligation, and each of the creditors is entitled to demand the satisfaction of the whole obligation from any or all of the debtors. On the other hand, a joint obligation is one in which each debtor is liable only for a proportionate part of the debt, and the creditor is entitled to demand only a proportionate part of the credit from each debtor.” (G.R. No. 188944, July 9, 2014, 729 SCRA 475) Without any express declaration or required by the nature of the obligation, any concurrence of indebtedness is presumed to be joint. In a joint obligation, the debtor is only liable with regard to his specific portion of indebtedness and the creditor has no right to demand payment which is beyond the liability of the debtor. Our Civil Code states: Art. 1207. The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly states, or when the law or the nature of the obligation requires solidarity. In the latter situation, the entire obligation when due may be demanded even from a single debtor.