HANDOUT NO.

Thing is Divisible – when, if separated into parts, its essence is not changed or its value
is not decreased disproportionately. (4 Sanchez Roman 93-94)

Thing is Indivisible – when, if separated into parts, its essence is changed or its value is
decreased disproportionately.

Divisible Obligation – when it is capable of partial fulfillment

Indivisible Obligation – when it is not capable of partial fulfillment

Divisibility of an Obligation – refers to the performance of the prestation.

Divisibility of the thing or prestation – refers to the prestation itself.

Kinds of Division –
1) Qualitative – division based on quality
2) Quantitative – division based on quantity
3) Ideal or Intellectual – one which exists only in the minds of the parties

Kinds of Indivisibility –
1) Legal –law declares as indivisible obligations which are divisible
2) Conventional – will of the parties declares as indivisible divisible obligations

3) Natural – nature of the object or prestation does not admit of division.

Basic Rules –

1) If thing which constitutes the object of an obligation to give is by its very nature
divisible, then, it is divisible.
Exceptions – 1) law 2) intention of the parties

2) If object is not physically divisible or service is not susceptible of partial

performance, obligation is always indivisible.
Exceptions – 1) law 2) intention of the parties

3) An obligation is presumed indivisible where there is only one creditor and one
debtor.

4) When there is only one creditor and one debtor, the debtor has to perform the
obligation in its totality, whether or not the prestation is divisible (Art. 1225, 1st par.)

5) Principle of Quantum Meruit 1 – if the obligation is divisible but only partially

performed, the obligor can enforce his right in proportion to the services performed. (Not
applicable to indivisible obligations because partial performance is equivalent to non-
performance of the obligation.)

Sources: The Law on Obligations and Contracts – Hector S. De Leon, 2011 ed.
Obligations and Contracts – Desiderio Jurado, 2012 edition

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“As much as he reasonably deserves”
A. Villegas