Dizon, Princes Mae T.

BSA 1-12
I. Definitions
Define or give the meaning of the following:
1. Divisible obligation
 Is one the object of which, in its delivery or performance, is capable
of partial fulfillment. The purpose of the obligation or the intention of
the parties will determine whether an obligation is divisible or not.
Even though an object may be physically divisible, it can be
indivisible obligation if the law provides or intended by the parties.
2. Indivisible obligation
 An indivisible obligation is one the object of which, in its delivery or
performance, is not capable of partial fulfillment. The absolute rule is
if the object is physically indivisible or the service is not susceptible
or partial performance, the intention of the parties is not necessary, it
will always be indivisible obligation.
3. Legal indivisibility
 where a specific provision of law declares as indivisible, obligations
which, by their nature, are divisible.

II. Discussions

1. Explain: The divisibility of an obligation is different from the

divisibility of the thing which is the object thereof.
 The divisibility of an obligation should not be confused with the
disability of the thing which is the object thereof. The divisibility of
an obligation will depend upon the law, purpose of the obligation and
the intention of the parties whereas, divisibility of the thing is based
on its physical capability to be divisible, even if the intention of the
parties is to make the obligation divisible, if the thing to deliver is
physically indivisible, the obligation is and always will be indivisible.

2. What obligations are deemed indivisible?

 The obligations that are deemed indivisible are obligations to give
definite thing, which is when the nature of the subject of matter to be
deliver is indivisible like giving a particular car or fan, the obligation
is indivisible. Obligations which are not susceptible of partial
 performance, obligations that requires full performance of all the
parts. Obligations provided by the law to be indivisible, even when
the object to be deliver is physically divisible when the law requires
says so, it will be indivisible obligation. Obligation intended by the
parties, if the thing to be deliver is physically divisible but the parties
requires it to deliver as a whole or at one time, the obligation will be
indivisible.
3. What obligations are deemed divisible?
 The obligations deemed divisible are obligations which have for their
object the execution of a certain number of days of work, it is when an
obligation requires long process and consume a lot of time, the
obligation is divisible, obligations which have for their object the
accomplishment of work by metrical units, it is when an obligation’s
accomplishment was measured in metrical units. Obligations which
by their nature are susceptible of partial performance, it is when the
thing to deliver or to do can be divisible and perform partially.

III. Problems

Explain or state briefly the rule or reason for your answer:

1. A and B bind themselves to pay C their loan of Php10,000 on a

certain date. Is the obligation divisible or indivisible?
 The obligation is indivisible. A and B needs to pay the 10,000 on the
certain date, although the money can be physically divisible, but the
obligation requires it to pay as a whole or at one time.
2. A, B, and C oblige themselves jointly to deliver to D a particulars
horse on a certain date. The agreement among A, B, and C which was
made known to D is that they will contribute the amount in buying the
horse. The horse was not delivered on the due date because of the
failure of B to give his share of the purchase price. State the rights and
obligations of the parties.
 This belongs to the joint indivisible obligation, when B decline to do
his part on the obligation to deliver the horse on the certain date the
obligation will be converted into monetary obligation wherein, the
debtors needs to pay the amount of the horse plus the damages that
they incur to D, A and C will only pay their share on the obligation
 and B will pay his share and the damages to D. D cannot demand
cancellation of the obligation and ask for specific performance.
3. D finds himself to pay his loans of Php10,000 in four equal monthly
installments. Is the obligation of D divisible or indivisible?
 The obligation is divisible because D can pay it in 4 months
installment because when the thing to deliver or to do can be done in
partial performance it is divisible obligation.