What is the rule as regards the joint or solidary character of an obligation?


General Rule:

When two or more creditors or two or more debtors concur in one and the same obligation, the presumption is that the obligation is joint.


The obligation shall be solidary when:

1. Expressly stipulated that there is solidarity;

2. Law requires solidarity;

3. Nature of the obligation requires solidarity;

4. Charge or condition is imposed upon heirs or legatees and the will expressly makes the charge or condition in solidum (Manresa); or

5. solidary responsibility is imputed by a final Judgment upon several defendants.(Gutierrez v. Gutierrez, 56 Phil 177)