Divisible

Obligations
Presented by:
Jumer Palacio
Jeffrey Aquino
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A divisible obligation is one the
object of which, in its delivery or
performance, is capable of partial
fulfillment.
(1) Qualitative division or one based
on quality of the things that are the
object of the obligation. KINDS OF
DIVISION
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 division or one
based on quantity rather than quality.
KINDS OF
EXAMPLE: DIVISION
In the proceeding example, if the 
inheritance consists only of a rice field
its partition by meters and bounds
into two equal parts is a quantitative
division. Another example, is when A
and B divide 300 cavans of palay
harvested from the rice field or the
P100,000.00 cash.
(3) Ideal or intellectual division or one
which exists only in the minds of the
parties. KINDS OF
EXAMPLE:
DIVISION

Suppose the car and the ricefield in the first
example, 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
specific portion thereof.
 OBLIGATIONS DEEMED DIVISIBLE 

(1) Obligations which have for their object

the execution of a certain number of days
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.
 OBLIGATIONS DEEMED DIVISIBLE 

(2) Obligations 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.
 OBLIGATIONS DEEMED DIVISIBLE 

(3) Obligations which by their nature are

susceptible of partial performance.

EXAMPLE:

The obligation of X to teach “Obligation 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 in 12 monthly installments of P1,000 but
each prestation to pay P1,000 is indivisible as it is
to be delivered at one time and in its totality.
 WHAT IS THE PRINCIPLE “QUANTUM
MERUIT” IN DIVISIBLE OBLIGATION?

If the obligation is divisible but only

partially performed, the obligee can
enforce his right in proportion to the
services performed.
 WHAT IS THE PRINCIPLE “QUANTUM
MERUIT” IN DIVISIBLE OBLIGATION?

S agreed to construct a house of H for

P50,000 but he abandoned this contract
after having done the work worth P25,000.
Afterwards, H got the work completed. It
was held that S could not recover anything
for the work done because he was entitled
to the payment only on the completion of
the work.
DIVISIBILITY IN In negative obligations not to do, the
OBLIGATIONS character of the prestation in each
particular case shall determine their
NOT TO DO divisibility or indivisibility.

Divisible obligation – If the obligation
of X is not to sell cigarettes in his stores
only during Sundays and holidays, the
obligation is divisible because the
forbearance is not continuous.