Chapter 3 (Problems Section) page 188 to 189

1. The obligation becomes divisible as far as A and B are concerned, because the delivery of
P10,000 can be done in parts, P5,000 by A and P5,000 by B. However, as far as C is
concerned, the obligation remains indivisible because its performance cannot be done in
parts. As stated in Article 1225, “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. 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”, the
clear intention here is for A and B to deliver C P10, 000 at one time and as a whole.
2. (a.) D has no cause of action against B for the delivery of the particular horse because, as
a joint debtor, B is liable only for a proportionate part of the obligation. Since the
particular horse is indivisible, the debt can only be enforced by, proceeding against all the
debtors for compliance is not possible unless they act together.
(b.) Pursuant to Article 1224, the liability is converted into one for damages. So, A, B,
and C will be liable for the purchase price of the particular horse without increase of
responsibility for A and C. B, the debtor who failed to give his share, shall be liable for
damages to D for having violated the obligation.
(c.) If A and C suffered damages by reason of the non-fulfillment by B, they may recover
them from B.
3. The obligation of D to pay his loans in four equal monthly installments is divisible
because his obligation is capable of partial performance. In agreement with Article 1223,
“the divisibility 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” therefore the obligation is divisible in accordance with the purpose of the
obligation or the intention of the parties. First, money is physically divisible. Second, the
intention of the parties is that the obligation must be fulfilled partially by paying four
equal monthly installments.