Practice question
Under Article 1217, may a paying solidary debtor claim the relevant co-debtor share with interest for payment already made?
- No; recourse can never include interest.
- Yes, subject to the governing conditions.
- Only the payer’s own share may be reclaimed from himself.
- Every co-debtor automatically owes the payer the entire award separately.
- Interest is always a criminal fine.
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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