Practice question
A creditor has a due and enforceable P120,000 solidary claim against Arlo, Bea and Cora. The creditor first demands payment from Arlo, who pays nothing. The creditor then demands the whole unpaid debt from Bea. Bea argues that the first demand permanently limited collection to Arlo. Which conclusion follows from Article 1216?
- The first demand released Bea automatically.
- The creditor may proceed against Bea while the debt remains uncollected, subject to no excess recovery.
- The creditor must wait until Arlo dies.
- Cora's consent is needed before Bea can be asked to pay.
- The claim vanishes after the first unsuccessful demand.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1216.
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