Philippine Bar review · Question

Practice question: Joint and Solidary

Multiple Choice Hard

Practice question

A solidary debt has three equal PHP30,000 internal shares. A valid defense personal only to B defeats B’s share, and A invokes it in the creditor’s action. No defense defeats A’s or C’s shares. Under 1222, how far may A use that other-person defense?
  1. Only as to B’s PHP30,000 part, not automatically the entire PHP90,000.
  2. Automatically against the entire debt regardless of its personal scope.
  3. Never as to any part despite 1222.
  4. Only according to handwriting size.
  5. It converts the debt into an inheritance.

Legal references

  • Civil Code Articles1163-1166,1170,1179,1188-1190,1196-1198,1200-1205 and1211-1222: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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