Fermin Toti Dismiss Pay Ayee Obligation Motion B

58. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the sum of P10.000.00. When the obligation became due and demandable, Ayee sued Buko for the payment of the P10,000.00.  Buko moved to dismiss on the ground that there was failure to implead Fermin and Toti who are indispensable parties. Will the motion to dismiss prosper? Why?

a) Yes, because Fermin and Toti should have been impleaded as their obligation is solidary.

b) No, because the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously.

c) No, because a motion to dismiss is a prohibited pleading.

d) Yes, because Fermin and Toti should also pay their share of the obligation.

SUGGESTED ANSWER:

b)