PNB vs Independent Planters Association

GR No L-28046. May 16, 1983

Facts:
PNB assails the order of the dismissal of the lower court dismissing its
complaint against several solidary debtors on the ground that one of the
defendants died during the pendency of the case and therefore the complaint
being a money claim based on contract should be prosecuted in the estate and
intestate proceeding for the settlement of the estate of deceased.
Issue:
To whom the creditor will enforce the collection in case of the death of
one of the solidary debtor?
Held:
Article 1216 grants the creditor the substantive right to seek satisfaction
of his credit from one, some or all of hissolidary debtors for the prosecution of
his interest.
The choice is undoubtedly left to the solidary creditor to determine
against whom he will enforce collection and in case of death of one of the
solidary debtor the creditor may if he chooses proceed against the surviving
solidary debtor without necessity of filing claim in the estate of the deceased
debtors.