Interrupting prescription of joint indivisible obligations

The act of a joint creditor which would ordinarily interrupt the period of prescription would not have an effect on prescription because the indivisible character of the obligation requires collective action of the creditors. Hence, the act of one alone is ineffective to interrupt prescription. (Tolentino) In other words, in order to interrupt the prescriptive period of enforcing a joint indivisible obligation, all joint creditors must act; otherwise, prescription continues to run.

Article 1224 of the Civil Code provides: "A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists."