STUDY GUIDE: Arts.

1223-1225 (Divisible and Indivisible Obligations)

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CHAPTER 3, Section 5
Divisible and Indivisible Obligations
(Articles 1223-1225)

1. There are two (2) kinds of obligations according to

the divisibility of the prestation:

(A) Divisible obligation – An obligation where the

prestation is capable of partial performance.

 Example: D borrowed P100,000.00 from C and

promised to pay the amount in 10 equal monthly
installments of P10,000.00 each.

(B) Indivisible obligation – An obligation where the

prestation is not capable of partial performance.

 Example: D promised to deliver a BMW car to C.

2. ART. 1210. - Indivisibility should be distinguished

from solidarity.

 In the previous chapter, we said that when the

obligation is solidary, the performance of the entire

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obligation can be demanded from any one of the solidary

debtors. Does this mean that because entire performance
of the prestation can be demanded the obligation is
indivisible? Is solidarity the same as indivisibility?

 NO. Indivisibility refers to the prestation of an

obligation, while solidarity refers to the liability of the
parties in an obligation. In other words, an obligation may
be:

(a) Joint and divisible: D1 and D2 obliged

themselves to pay their P100,000.00 obligation to C in 10
equal monthly instalments (P10,000.00 every month for 10
months). For every monthly installment due, C can collect
only P5,000.00 from D1 and only P5,000.00 from D2.

(b) Joint and indivisible: D1 and D2 obliged

themselves to deliver a Toyota Altis car worth P2M to C.
Before maturity date, the car was destroyed due to the
fault of D1. Because of the non-delivery, C suffered
damages amounting to P30,000.00.

Question: On maturity date, how much can C collect from

D2?

Answer: C can collect from D2 only D2’s proportionate

share in the obligation which is P1M. Since the obligation
is joint, D1 will be the only one liable for the damages.

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Hence, D1 will be obliged to pay C the amount of P1M plus

P30,000.00, the total damages suffered by C. (“Kanya-
kanyang bayad, kanya-kanyang kasalanan.” - Art. 1209)

(c) Solidary and divisible: D1 and D2 obliged

themselves to pay their P100,000.00 obligation to C in 10
equal monthly instalments (P10,000.00 every month for 10
months). For every monthly installment due, C can collect
P10,000.00 either from D1 or D2 because they are solidary
debtors.

(d) Solidary and indivisible: In the example in

letter (b) above, if the liability of the debtors to perform
the indivisible prestation is solidary, D2 can be held liable
by C for the entire obligation (P2M) as well as the damages
amounting to P30,000.00. However, D2 can ask later on
for reimbursement from D1 for his proportionate share in
the obligation, as well as for the damages incurred
because it was D1’s fault that the car was destroyed – a
total of P1,030,000.00.

3. Distinguish between the following concepts :

(A) Divisibility of a thing : A car is indivisible by

nature. The car has to be delivered in whole and at one

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time. Half of the car cannot be delivered today and half

tomorrow.

 This is what we call natural or absolute

indivisibility, when an object or prestation, by its very
nature, is not capable of division.

(B) Divisibility of an obligation (or prestation):

Money is divisible by nature. If the total obligation to be
performed is P100,000.00, the parties may agree for its
payment in 10 equal monthly instalments. However, the
parties may agree that a prestation (which is divisible by its
very nature) will be performed completely at one time.
For example, the parties may agree that the P100,000.00
obligation will be paid entirely on 15 January 2021. Here,
the obligation is divisible by nature, but by agreement of
the parties it is made indivisible. In other words, the
prestation is divisible but the obligation becomes
indivisible by agreement of the parties.

 This is what we call conventional indivisibility,

when an object or prestation, which is divisible by its very
nature, is declared indivisible by mutual agreement of the
parties.

 There is also what we call legal indivisibility, when

an object or prestation, which is divisible by its very

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nature, is declared indivisible by specific provision of law.

Example: Income taxes computed for the year have to be
paid in full before every 15th of April of every year.

(C) Divisibility of a contract: “I promise to give

you P100,000.00 if you will deliver to me a mermaid; and,
P200,000.00 if you will pass the bar exams next year.”
There are here two conditional obligations arising from
two different contracts. In the first, the condition is
physically impossible; hence, the obligation is void. In the
second, the condition is possible and the obligation is
therefore legally demandable upon fulfilment of the
condition. The contract is divisible because the valid part
of the contract can be enforced. Only the invalid part
cannot be enforced and will be set aside.

 Indivisible contract. – “I promise to give you

P500,000.00 if you will deliver to me a mermaid, and if you
will pass the bar exams next year.” The obligation here is
indivisible. It is void because its performance is made to
depend partly upon the fulfillment of a physically
impossible condition. (Art. 1183, par. 1)

 Void prestation in an alternative obligation. – “I

promise to deliver to you either P10 million in cash or
1,000 kilos of shabu.” Here, the debtor shall have no right
to choose the prestation which is legally impossible – the

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delivery of the shabu. The obligation becomes simple, and

the debtor loses the right of choice when among the
prestations whereby he is alternatively bound, only one is
practicable – the delivery of the P10 million in cash. (Art.
1200, par. 2, & Art. 1202)

4. Kinds of Division:

(a) Qualitative Division – one based on quality, not on

number or quantity of the things which are the object of
the obligation.

 Example: Val and Ral are heirs of Rolly. They

agreed to divide their inheritance as follows: To Val, a
1000 square-meter house and lot, and a BMW car; and to
Ral, a 2-hectare farm lot in Laguna and a 2019 Toyota Land
Cruiser.

(b) Quantitative Division – one based on quantity

rather than on quality.

 Example: In the immediately preceding

example, if the inheritance consists of only the farm lot, its
partition by metes and bounds into two equal parts is a
quantitative division – i.e., 1 hectare for Val, and another
hectare for Ral.

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(c) Ideal or Intellectual Division – one which exists only

in the minds of the parties.

 Example: Suppose the house and lot and the

BMW car in the example in letter (a) above were inherited
by both Val and Ral. As co-owners, their one-half shares in
the BMW car are not separable in a material way but only
mentally. Similarly, before the house and lot is actually
subdivided between Val and Ral, they are merely co-
owners, and neither one of them can say that he is the
absolute owner of a specific portion thereof.

5. Arts. 1209 and 1224 on Joint Indivisible

Obligations. –

(a) As previously discussed in Art. 1209, 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 P80,000.00. The delivery
date is set on 15 March 2021.

(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
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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.

(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 and D2 promised to deliver was sent to the
Whirlpool service center because it needed replacement
of major parts to become functional again. The repair cost
amounted to P20,000.00. D2 was able to come up with his
proportionate part in the repair cost amounting to
P10,000.00. D1, however, lost his P10,000.00 in a
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cockfight bet. As a result, the dryer could not be delivered

to C on 15 March 2021. Because of the non-delivery, C lost
a lot of orders from his laundromat customers costing
P15,000.00. Question: What are now the liabilities of D1
and D2 to C?

Answer: The obligation to deliver the Whirlpool dryer to C

is converted into a monetary obligation to give P80,000.00
to C.

(d.1) D2 will be liable to C for the amount of P40,000.00,

his proportionate share in the obligation.

(d.2.) D1 will be liable to C for the amount of P40,000.00

(his proportionate share in the obligation), plus the
consequential damages suffered by C in the amount
of P15,000.00, or a total of P55,000.00.

(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 P40,000.00 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.

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Question: 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 P80,000.00, plus the P15,000.00
consequential damages from D2 alone. However, D2 can
later on recover reimbursement from D1 for D1’s
proportionate share in the obligation amounting to
P40.000.00 plus the P15,000.00 damages – a total of
P55,000.00. 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.
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 Example: Tarcelo and Marcelo obliged themselves to

plow the field of Belinda for six days. The obligation of the
debtors here is divisible. Tarcelo may plow the field of
Belinda for 3 days, and Marcelo can plow for another 3
days. The obligation here will be deemed to have been
complied with.

(b) When the object of the obligation is the

accomplishment of work by metrical units.

 Example: Isagani, Lorenzo and Connor obliged

themselves to deliver to Roman 300 cubic feet of garden
soil. Each one of them may deliver 100 cubic feet to
Roman.

(c) When the object of the obligation is the

accomplishment of work susceptible of partial
performance.

 Example: Professor Mangubat obliged himself to teach

constitutional law for one year in the university. This
obligation of Professor Mangubat is divisible because he
can comply with his obligation by teaching in the first and
second semesters of the year.

 READ THIS CASE IN ITS ORIGINAL TEXT:

Soriano vs. Ubat, G.R. No. L-11633, January 31,
1961.
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APPLICATION/PROBLEMS:

1. Under a solidary obligation, Delle and Belle bound

themselves to pay Jel their P600,000.00 debt in 3 equal
monthly installments, to wit: 15 January 2021 –
P200,000.00; 15 February 2021 – P200,000.00; and 15
March 2021 – P200,000.00. Is this obligation divisible
considering that the debtors bound themselves under a
solidary obligation where either of them may be made to
pay the entire indebtedness?

2. On 1 January 2010, Jun signed a promissory note for

P5M in favor of Sylvia. In the said note, Jun obliged
himself to pay Sylvia his debt in two (2) equal installments:
P2.5M to be paid on 1 May 2011, and the balance of
P2.5M to be paid on 1 December 2011. Sylvia is given by
law a prescriptive period of 10 years from the time the
cause of action accrues within which to collect her credit.
If Sylvia files an action for collection against Jun under this
obligation on 20 July 2021, how much can Sylvia collect
from Jun? (Soriano vs. Ubat)

3. On 15 February 2021, Jay, Joe, and Jess promised to

deliver to Jing and Josie on 31 March 2021 a BMW car,
with plate number ABC-123, worth P6M. On 15 March
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2021, Joe drove the BMW car and slammed it into a ten-
wheeler truck while overspeeding along a barangay road in
Manila. Because of the non-delivery of the car, Jing and
Josie suffered business loses amounting to P300,000.00.
On maturity date, if Jing goes to Jess demanding
performance under this obligation, how much can Jess be
compelled to pay? (Art. 1224)

4. In the preceding problem, assume that the object

which the debtors promised to deliver to the creditors was
a 2020 red Toyota Land Cruiser car worth P6M. Assume
also that the same factual circumstances prevailed. Will
your answer to the preceding question still be the same?

 END OF LECTURE 

HAPPY READING & LEARNING! 

SOURCES of NOTES:

The discussions outlined in this lecture have

been collectively lifted from the cases cited
and commentaries made by the authors in
the references outlined in the preceding
study guide.
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Prepared by:

Atty. Harriet B. Reyes-Linsangan

4 April 2021

FOOD FOR THOUGHT

“The expectations of life depend upon diligence;

the mechanic that would perfect his work must first
sharpen his tools.”

“It does not matter how slowly you go as long as

you do not stop.”

“The will to win, the desire to succeed, the urge to

reach your full potential…these are the keys that will
unlock the door to personal excellence.”
Confucius

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