Practice question
Two principals have fixed shares in a solidary civil award. The creditor demands payment from one, receives nothing, and then pursues the other. The first demand is invoked as an automatic bar. Which is sound?
- Every demand automatically extinguishes all liability.
- The first debtor’s silence pays the debt.
- The creditor may never address another principal.
- An unpaid demand alone does not prevent the subsequent demand under Article 1216.
- Only the number of demand letters matters.
Legal references
- Revised Penal Code, Articles 109-110, apportioned shares and recourse: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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