CHAPTER III, SEC.

5 – Divisible and Indivisible Obligations (Articles 1223-1225)

SECTION 5
DIVISIBLE AND INDIVISIBLE OBLIGATIONS
(Arts. 1223-1225)

STUDY GUIDE :

1. Distinguish between a divisible and an indivisible obligation.–

(a) Divisible – an obligation the prestation of which is capable of

partial performance. (Example: to deliver 50 kilos of rice)

(b) Indivisible – an obligation the prestation of which is not

capable of partial performance. (Example: to deliver a
refrigerator)

2. What are the kinds of indivisibility?

(a) Legal – when an object or prestation, which is divisible by
nature, is declared indivisible by specific provision of law.
(Art. 1225, par. 3)

(b) Conventional – when an object or prestation, which is divisible

by nature, is declared indivisible by mutual agreement of the
parties. (Art. 1225, par. 3)

(c) Natural or Absolute – when an object or prestation, by its very

nature, is not capable of division. (Art. 1225, par. 1)

TEST TO DETERMINE INDIVISIBILITY:

From the above categorization, we can then infer that :

(a) When the prestation is indivisible by its very nature, i.e., not
physically susceptible of partial performance, the obligation is
always and definitely indivisible. The parties cannot agree
contrariwise.

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CHAPTER III, SEC. 5 – Divisible and Indivisible Obligations (Articles 1223-1225)

Example: D obliged himself to deliver a BMW car to C. Since the

car is not physically divisible, even if D and C agree to make the
obligation divisible, the same would result in an absurd situation.
Imagine if D would deliver half of the car today, and the other half a
week after. J

(b) Although the prestation is divisible by its nature, the parties may
agree on the obligation’s indivisibility.

Example: D obliged himself to deliver 100 copies of nursery

rhymes books to C. In this case, the obligation is divisible by its very
nature because D may make a staggered delivery of the books to C,
e.g., 25 copies every week for four weeks. D and C, however, can
stipulate and agree that the obligation will become indivisible. Thus, D
may be obliged to deliver the entire 100 copies at one time only on a
particular date agreed upon by the parties.

3. Arts.1209 and 1224 on Joint Indivisible Obligations

(a) As previously discussed in Section 4, in a joint indivisible obligation,
the object of the obligation is indivisible, but the liabilities of the
debtors are joint. Illustrative Example: D1 and D2 are jointly
liable to deliver to C (owner of a laundromat) a Whirlpool Dryer with
serial no. 44714 valued at P25,000. The delivery date is set on
December 5, 2013.
(b) Pursuant to Art. 1209, C has to make a simultaneous demand upon
D1 and D2 for the delivery of the dryer. This is because, while the
liability of the debtors are merely joint, compliance is possible only
if all the joint debtors act together. Hence, C cannot make a
demand only on either D1 or D2 for the delivery of his proportionate
share of the obligation – that is, one-half of the dryer. J

(c) What is the effect of the debtors’ non-compliance with their joint
indivisible obligation? Pursuant to Art. 1224, the obligation is
converted into a monetary obligation for damages to be borne by
the joint debtors as follows :

(c.1) The innocent debtor will be liable only for his proportionate
share in the obligation.

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(c.2.) In addition to his proportionate share in the obligation, the

guilty debtor is the only one liable for the damages sustained
by the creditor.

(d) Let us apply the rules in letter (c) to our illustrative example in letter
(a). Let us assume that the dryer which D1 & D2 promised was
sent to the Whirlpool service center because it needed replacement
of major parts to become functional again. The repair cost
amounted to P10,000. D2 was able to come up with his
proportionate part in the repair cost amounting to P5,000. D1,
however, lost his P5,000 in a cockfight bet. As a result, the dryer
could not be delivered to C on December 5, 2013. Because of the
non-delivery, C lost a lot of orders from his laundromat customers
costing P8,500. What are now the liabilities of D1 and D2 to C?

The obligation to deliver the Whirlpool dryer to C is converted

into a monetary obligation to give P25,000 to C.

(d.1) D2 will be liable to C for the amount of P12,500, his

proportionate share in the obligation.
(d.2.) D1 will be liable to C for the amount of P12,500 (his
proportionate share in the obligation), plus the consequential
damages suffered by C in the amount of P8,500, or a total of
P21,000.

(e) Pursuant to the second sentence of Art. 1209, should D1 become

insolvent, D2 will not be liable for D1’s share. Hence, in case of
D1’s insolvency, D2 is still obliged to pay only P12,500 to C.

(f) Let us assume that in the preceding problem, instead of D1 and

D2’s obligation being joint and indivisible, the same is solidary and
indivisible. What would be the effect on the debtors’ respective
liabilities?

Answer: Such being the case, C can demand the Whirlpool

dryer, or its price of P25,000, plus the P8,500 consequential
damages from D2 alone. However, D2 can later on recover
reimbursement from D1 for D1’s proportionate share in the

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CHAPTER III, SEC. 5 – Divisible and Indivisible Obligations (Articles 1223-1225)

obligation amounting to P12,500 plus the P8,500 damages – a total

of P21,000. We apply Art. 1221, par. 2.

4. Obligations that are deemed indivisible : (Art. 1225, par. 1)

(a) Obligations to give definite things (e.g., to give this car, or a house).

(b) Obligations which are not susceptible of partial performance (e.g.,

to render a “Tinikling” dance presentation, or to host a birthday
party).

5. Obligations that are deemed divisible : (Art. 1225, par. 2)

(a) When the object of the obligation is the execution of a certain

number of days of work.
Example: Miss D is hired by Mr. C to do some encoding job for 30
days.

(b) When the object of the obligation is the accomplishment of work by

metrical units.
Example: D is hired by C to construct a pig pen 3 meters wide and
3 meters long.

(c) When the object of the obligation is the accomplishment of work

susceptible of partial performance.
Example: When the debtor has obliged himself to pay his debt of
P10,000 in ten (10) equal monthly instalments.

*** END ***

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