Divisible and Indivisible

Obligations
SECTION 5 LY K A E S PA L L A R D O
D I F F. K I N D S O F O B L I G AT I O N BSAIS-A1
ART. 1223.
The divisibility or indivisibility 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.
 Meaning of Divisible and Indivisible
Obligations.
(1) DIVISIBLE- is one the object of which, in its
delivery or performance, is capable of partial fulfillment.

(2) INDIVISIBLE- is one the object of which, in its

delivery or performance, is NOT capable of partial
fulfillment.
TEST FOR THE
DISTINCTION
In determining whether an
obligation is divisible or not, the
controlling circumstance is not
the possibility or impossibility of
partial prestation but the purpose
of the obligation or the intention
of the parties.
Applicability of Article 1223
While Article 1223 appears to be limited to Real
Obligations because it speaks of “things”, the
word is used in its broad sense as referring to the
Object or Prestation of the Obligation, which
may be to deliver a thing or render service
Examples
Bong Agreed to pay Sara P1,000.00 in four equal
monthly installments
Bong will pay Sara on December 25, the full
amount of P1,000.00

Bong obliged himself to deliver to sara a specific

car on December 25.
 If the object or
WHAT IF THE performance is not
NATURE OF capable of partial
THE OBJECT
OR fulfillment, the obligation
PERFORMANC will always be
E IS
INDIVISIBLE? INDIVISIBLE.
This rule is ABSOLUTE.
KINDS OF
(1) Legal Indivisibility
INDIVISIBILIT
Y:

(1) Legal Indivisibility

(2) Conventional
WHERE A SPECIFIC
Indivisibility PROVISIONS OF LAW
(3)Natural DECLARES AS INDIVISIBLE,
indivisibility OBLIGATIONS WHICH, BY
THEIR NATURE ARE
DIVISIBLE.
KINDS OF (2) Conventional Indivisibility
INDIVISIBILIT
Y:
WHERE THE WILL OF
(1) Legal Indivisibility THE PARTIES MAKES
(2) Conventional AS INDIVISIBLE,
Indivisibility OBLIGATIONS WHICH,
(3)Natural BY THEIR NATURE ARE
indivisibility DIVISIBLE.
KINDS OF (3) Natural Indivisibility
INDIVISIBILIT
Y:
WHERE THE NATURE OF
(1) Legal Indivisibility THE OBJECT OR
(2) Conventional
PRESTATION DOES NOT
Indivisibility ADMIT OF DIVISION.
(3)Natural
indivisibility
e.g., to give a particular car to
sing a song etc.
KINDS OF DIVISION:
(1)Qualitative Division
(2)Quantitative Division
(3)Ideal or Intellectual Division
KINDS OF DIVISION:
(1)Qualitative Division
or one based on quality, not on
number or quantity of the things
that are the object of the obligation.
KINDS OF DIVISION:
(2)Quantitative Division
or one based on quantity rather
than on quality.
KINDS OF DIVISION:
(3)Ideal or Intellectual Division
or one which exists only in the
minds of the parties.
 ARTICLE 1224.

A joint indivisible obligation gives rise to indemnity

for damages from the time anyone of the debtors does not
comply with his undertaking. The debtors who may have been
ready to fulfill their promises shall not contribute to the
indemnity beyond the corresponding portion of the price
of the thing or of the value of the service in which the
obligation consists.
 EFFECT OF NON-COMPLIANCE BY A
DEBTOR IN A JOINT INDIVISIBLE
OBLIGATION:

If any one of the debtors does not comply with his

undertaking in a joint indivisible obligation, the obligation
is transformed into one for damages, i.e., to pay money.
The creditor cannot ask for specific performance or
rescission because there is no cause of action against the
other debtors who are willing to fulfill their promises.
 ARTICLE 1225:
For the purpose of the preceding articles, obligations to give definite things and
those which are not susceptible of partial performance shall be deemed to be
indivisible.
When the obligation has for its object the execution of a certain number of days
of work, the accomplishment of work by metrical units, or analogous things
which by their nature are susceptible of partial performance, it shall be divisible.
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. In
obligations not to do, divisibility or indivisibility shall be determined by the
character of the prestation in each particular case.
 a. To give a definite thing.

b. Those which are not susceptible of

partial performance.
Obligations c. Obligations provided by law to
Deemed be indivisible even if thing or
indivisible service is physically divisible.
d. Obligations intended by the parties
to be indivisible even if thing or service
is physically divisible
When an obligation is presumed to be divisible
1. Obligation which have for their Object the
execution of a certain number of days of work.

2. Obligation which have for their Object the

Accomplishment of work by metrical units.

3. Obligations which by their nature are

susceptible of partial performance
 In negative obligations
not to do, the
Divisibility or character of the
indivisibility prestation in each
in obligations particular case shall
not to do determine their
divisibility or
indivisibility.
EXAMPLES:
1) Indivisible obligation. — X obliged himself to Y not to sell
cigarettes in his store for one year. Here, the obligation
should be fulfilled continuously during a certain period.
2) Divisible obligation. — If the obligation of X is not to sell
cigarettes in his stores only during Sundays and holiday
the obligation is divisible because the forbearance is not
continuous.
Obligations “to do” and “not to do” are
generally indivisible.

Obligations “to do” stated in paragraph

2 of Article 1225 are
divisible.