CUNANAN, SARAH D.

• Divisible

• Indivisible
The divisibility or
indivisibility of the things
that are the object of
obligations in which there
is only one debtor and only
one creditor does not alter
or modify the provisions of
Chapter 2 of this Title.
DIVISIBLE AND INDIVISIBLE OBLIGATIONS

Divisible Obligation Indivisible Obligation

• One the object of which, in its • One the object of which, in its
delivery or performance, is delivery or performance, is not
capable of partial fulfillment. capable of partial fulfillment.

• Example: to deliver 20 sacks of • Example: to deliver a specific car

rice
 Solidarity
1. refers to tie between the parties
2. needs at least two debtors or
creditors
3. the fault of one is the fault of the
others.
Indivisibility
1. refers to nature of obligation
2. may exist even if there is only one
debtor and only one creditor
3. the fault of one is not the fault of
the others.
Factors to determine whether an obligation is
divisible or indivisible:
1. The will or or the intention of the parties, which may be expressed
or presumed;
2. The objective or purpose of the stipulated prestation;
3. The nature of the thing; and
4. Provisions of law affecting the prestation
1. Qualitative – based on quality, not on number or
quantity of the things which are the object of the
obligation

Example:
 A and B are heirs of C. They agreed to divide the inheritance as
follows:
 to A — a house and lot and home appliances, and
 to B — a rice field, a car and P100,000.00 cash.
2. Quantitative – based on quantity rather than on
quality

Examples:
 If the inheritance consists only of a rice field its partition by metes
and bounds into two equal parts is a quantitative division.

 When A and B divide 300 cavans of palay harvested from the rice
field or the P100,000.00 cash.
3. Ideal or intellectual – one that exists merely in
the minds of the parties, and not in physical reality
Example:
 Suppose the car and the rice field were inherited by both A and B.

As co-owners, their one-half shares in the car are not separable in a

material way but only mentally.
Similarly, before the land is actually divided between A and B, they
are merely co-owners, and neither one of them can say that he is the
absolute owner of a specific portion thereof.
1. Legal indivisibility – where a specific
provision of law declares as indivisible,
obligations which, by their nature, are divisible.
(Art. 1225, par. 3)

Example:
 The obligation to pay income taxes on or before April 15 every
year
2. Conventional indivisibility – where the
will of the parties makes as indivisible,
obligations which, by their nature, are divisible.
(Art. 1225, par. 3)

Example:
 D promised to pay C his P100,000 debt on August 1, 2015
3. Natural or absolute indivisibility -
where the nature of the object or prestation does
not admit of division. (Art. 1225, par. 1)

Example:
 To give a particular car, to sing a song, to give a particular ring,
to take a trip to Batanes; D promised to deliver his car to C on
August 1, 2015
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.
• If anyone refuse or cannot comply with his obligation, the same
is converted into monetary obligation as the basis of indemnity.

• A joint obligation gives rise to indemnity for damages from the

time anyone of the debtors shall not comply with his
undertaking. The debtors who may have been ready to fulfill
their promises shall not contribute to the indemnity, in which the
obligation consists.
• If one of the latter should be insolvent, the others shall not be liable
for his share.
EXAMPLE:

A and B obliged themselves to give a specific car to C valued

P120,000.

If on the due date, A is ready to comply while B is not ready, C can only
ask for the share of A which is P60,000.
He cannot ask for more because the rule states that if one of the
debtors is insolvent, the other shall not be liable for his share.

However, C can ask from B P60,000 plus damages when his financial
condition improves.
For the purposes of the preceding articles, obligations to give definite things
and those which are not susceptible of partial performance shall be deemed
to be indivisible.
When the obligation has for its object the execution of a certain number of
days of work, the accomplishment of work by metrical units, or analogous
things which by their nature are susceptible of partial performance, it shall
be divisible.
However, even though the object or service may be physically divisible, an
obligation is indivisible if so provided by law or intended by the parties.
In obligations not to do, divisibility or indivisibility shall be determined by
the character of the prestation in each particular case.
1. Obligations to give definite things.
 Example: to give a particular electric fan; to deliver a specific car.
 Here the obligation is indivisible because of the nature of the subject matter.

2. Obligations which are not susceptible of

partial performance.
 Example: to sing a song; to dance the “tinikling”
 Here the obligation is indivisible by reason of its purpose which requires the
performance of all the parts.
3. Obligations provide by law to be invisible even
when things or service is physically divisible.
 Example: Under the law, taxes should be paid within a definite period. Although money
is physically divisible, the amount of tax payable must be delivered in toto, not partially.

4. Obligations intended by the parties to be

indivisible even if things or service is
physically divisible.
 Example: The obligation of D to give P1,000.00 to C on a certain date. Money is
physically divisible but the clear intention here is for D to deliver P1,000.00 at one time
and as a whole.
1. Obligation which have for their object the execution of a certain
number of days of work.
 Example: The obligation of X to paint the house of Y, the painting to be finished in 10 days. Here, the
obligation need not be fulfilled at one time.

2. Obligation which have for their object the accomplishment of

work by metrical units.
 Example: The obligation of X to make a table, 3 feet wide and 5 feet long; the obligation of X and Y to
deliver 20 cubic meters of sand. But the obligation of X alone to deliver 20 cubic meters of sand is
indivisible.

3. Obligation which by their nature are susceptible of partial

performance.
 Examples: The obligation of X to teach “Obligations and Contracts” for one year in a university; the
obligation of Y to render 3 song numbers in a program; the obligation of Z to pay a debt of
P12,000.00 in 12 monthly installments of P1,000.00 but each prestation to pay P1,000.00 is indivisible
as it is to be delivered at one time and in its totality.
• The character of the prestation in each particular case shall
determine their divisibility or indivisibility.

Examples:
Indivisible Obligation
 A obliged himself to B not to sell cigarettes in his store for one year. Here, the obligation
should be fulfilled continuously during a certain period.

Divisible Obligation
 If the obligation of A is not to sell cigarette in his stores only during Sundays and holidays,
the obligation is divisible because the forbearance is not continuous.