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BALDOMERO INCIONG v. CA

This case has been cited 2 times or more.

2012-09-26
PERLAS-BERNABE, J.
The term "jointly and severally" expresses a solidary obligation[16] granting petitioner, as creditor, the right to proceed against its debtors, i.e., respondent or DMI.
2008-11-28
TINGA, J.
A solidary obligation is 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. [23] A liability is solidary "only when the obligation expressly so states, when the law so provides or when the nature of the obligation so requires."[24] Thus, when the obligor undertakes to be "jointly and severally" liable, it means that the obligation is solidary,[25] such as in this case. By stating "I/we promise to pay, jointly and severally, to the BANK OF THE PHILIPPINE ISLANDS," the spouses agreed to be sought out and be demanded payment from, by BPI. BPI did demand payment from them, but they failed to comply with their obligation, prompting BPI's valid resort to the foreclosure of the chattel mortgage and the real estate mortgages.