CHAPTER 3 Different Kinds of Obligations

Article 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
SOLIDARITY INDIVISIBILITY
or modify the provisions of Chapter 2 of this Title.
refers to tie between the refers to nature of obligation (1149)
parties ---------------------------------------------------------

needs at least two debtors or may exist even if there is only

Divisible and Indivisible Obligations
creditors one debtor and only one
creditor One Debtor; One Creditor

the fault of one is the fault of the fault of one is not the - divisible obligation
the others. fault of the others. - is one,
- where the object of which,
- in its delivery or performance,
- is capable of partial fulfillment.
SECTION 5 Divisible and Indivisible
- indivisible obligation
Obligations - is one
- where the object of which,
- in its delivery or performance,
- is not capable of partial fulfillment.
Classes or Kinds of Indivisibility
RULE: While Article 1223 appears to be limited to real obligations
conventional indivisibility because it speaks of “things,” the word is used in its broad sense
- (by common agreement) as referring to

natural or absolute indivisibility RULE: In determining whether an obligation is divisible or not,

- (because of the nature of the object of undertaking - the controlling circumstance is not the possibility or
- Example: to take a trip to Manila; or to give impossibility of partial prestation
a particular ring) - but the purpose of the obligation or the intention of the
parties.
legal indivisibility
- (if so provided for by law)
EXAMPLE:
(1) D agreed to pay C P2,000.00 in four equal monthly
installments.
Kinds of Division - The obligation of D is divisible because it is capable
of partial performance.
quantitative division
- depends on quantity:
- But if the agreement is that D will pay C on a certain
- Example — if 10 chairs are equally divided
date the full amount of P2,000.00,
between two brothers.
- the obligation is indivisible although money is
physically divisible because the intention of the
qualitative division
parties is that the obligation must be fulfilled at one
- depends on quality, irrespective of quantity.
time and as a whole (not partially).
- Example: If one child inherits land, and another
- The divisibility of an obligation should not, therefore,
inherits cash.
be confused with the divisibility of the thing which is
the object thereof.
intellectual or moral division
- one that exists merely in the mind,
- and not in physical reality.
- Example: My brother and I own in common a car. RULE: Hence, even though the object or service may be
My one-half share is only in the mind. physically divisible, an obligation is indivisible if so provided by
law or intended by the parties. (Art. 1225, par. 3.)
- However, if the object is not physically divisible or the
service is not susceptible of partial performance (Art.
1225, par. 1.), the obligation is always indivisible, the
intention of the parties to the contrary notwithstanding.
This rule is absolute.
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EXAMPLE:
Suppose the agreement is that S will deliver one-half of the
car on November 15 and the other half on November 30.
- Of course, it would be inconceivable that B would
agree to a partial performance of the obligation,
- but let us just assume he did.
- Will the obligation be divisible or indivisible?
- The obligation is still indivisible and S must deliver the
whole car on November 15 or November 30.
- A definite thing like a car, cannot be severed into
parts without altering its essence or destroying its
value.
- RULE: It is an essential condition of the fitness of a Article 1224. A joint indivisible obligation gives
thing to be divisible that it is possible, by uniting the rise to indemnity for damages from the time anyone
diverse portions thereof, to reconstruct it as if existed of the debtors does not comply with his undertaking.
before its division. (4 Sanchez Roman 93.) The debtors who may have been ready to fulfill their
promises shall not contribute to the indemnity beyond
RULE: An obligation is presumed indivisible where there is only the corresponding portion of the price of the thing or
one creditor and only one debtor. (see Art. 1248.)
of the value of the service in which the obligation
consists. (1150)
EXAMPLE
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S obliged himself to deliver to B a specific car on November
15. This obligation is indivisible because it is not capable of JOINT INDIVISIBLE OBLIGATION
partial performance. The car must be delivered at one time
and as a whole. - RULE: 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.
RULE: The provisions of Chapter 2, Title 1, regarding the “Nature
and Effect of Obligations” in general (Arts. 1163 to 1178.) are
- RULE: The creditor cannot ask for specific performance or
also applicable to divisible or indivisible obligations. They
rescission because there is no cause of action against the other
contemplate obligations involving only one creditor and only
debtors who are willing to fulfi ll their promises
one debtor.
- Since divisibility or indivisibility refers to the object or
- RULE: In a joint indivisible obligation, the effect of non-
prestation (see Art. 1210.), it does not alter or modify
compliance by a debtor is to make all the debtors liable for
said provisions. . (Art. 1223.)
damages but the innocent debtors shall not contribute beyond
their respective shares of the obligation. The obligation becomes
RULE: When there is only one creditor and one debtor, the latter
a divisible one.
has to perform the obligation in its totality, whether or not the
prestation is divisible.
RULE: The obligation is converted into a monetary one for
- Unless there is an express stipulation to that effect, says
indemnity.
Article 1248 (par. 1.),
- Example: Mila and Ligaya promised jointly to give a
- the creditor cannot be compelled partially to receive
specific car worth P2,400,000 to Jose.
the prestations in which the obligation consists;
- In the meantime, the car is with Honda Motors Co.
- and in accordance with Article 1232, an obligation is
- Mila’s share is, therefore, P1,200,000.
not deemed paid
- If Mila, because of gambling, does not have the
- unless the thing or service in which the
money, but Ligaya has P1,200,000 it is clear that they
obligation consists has been completely
cannot get the car from Honda Motors Co.
delivered or rendered,
- So they also cannot comply with their obligation of
- as the case may be.
delivering the car to Jose.
--------------------------------------------------------- - RULE: Here, the obligation to give the car is converted
to a monetary obligation to give P2,400,000 to Jose.
- RULE: Ligaya is not responsible for Mila’s insolvency, so
she is duty bound to give only P1,200,000.
- Mila will be indebted to Jose for her share of
P1,200,000.
- RULE: Suppose in the preceding problem, the obligation was
SOLIDARY and INDIVISIBLE, what would be the effect?
- ANS.: Jose can demand the whole car or its price of
P2,400,000 from Ligaya alone,
- RULE: but Ligaya can later recover reimbursement from
Mila
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Article 1225. For the purposes 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. (1151a)
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OBLIGATIONS DEEMED INDIVISIBLE
RULE:obligations to give definite things and those
which are not susceptible of partial performance shall
be deemed to be indivisible.
- Hence, even though the object or service may be
physically divisible, an obligation is indivisible if so
provided by law or intended by the parties. (Art. 1225,
par. 3.)
- However, if the object is not physically divisible or the
service is not susceptible of partial performance (Art.
1225, par. 1.), the obligation is always indivisible, the
intention of the parties to the contrary notwithstanding.
This rule is absolute.
EXAMPLE:
Suppose the agreement is that S will deliver one-half of the
car on November 15 and the other half on November 30.
- Of course, it would be inconceivable that B would
agree to a partial performance of the obligation,
- but let us just assume he did.
- Will the obligation be divisible or indivisible?
- The obligation is still indivisible and S must deliver the
whole car on November 15 or November 30.
- A definite thing like a car, cannot be severed into
parts without altering its essence or destroying its
value.
- RULE: It is an essential condition of the fitness of a
thing to be divisible that it is possible, by uniting the
diverse portions thereof, to reconstruct it as if existed
before its division. (4 Sanchez Roman 93.)
- RULE: In obligations not to do, divisibility or
indivisibility shall be determined by the character of
the prestation in each particular case. (1151a)
- RULE: Obligations “to do” and “not to do” are generally
indivisible. Obligations “to do” stated in paragraph 2 of
Article 1225 are divisible.
- EXAMPLE:
- 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.
- 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.
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OBLIGATIONS DEEMED INDIVISIBLE
RULE:When the obligation has for its object the
execution of a certain number of days of work,
- EXAMPLE:
- The obligation of X to paint the house of Y, the
painting to be fi nished in 10 days. Here, the
obligation need not be fulfi lled at one time.
RULE: the accomplishment of work by metrical units, or
analogous things which by their nature are
susceptible of partial performance, it shall be
divisible.
- The obligation of X to teach “Obligations 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 P12,000.00 in 12
monthly installments of P1,000.00 (see Soriano vs.
Montes, 1 SCRA 366 [1961].)
- but each prestation to pay P1,000.00 is
indivisible as it is to be delivered at one time
and in its totality
- EXCEPTION RULE: However, even though the
object or service may be physically divisible,
an obligation is indivisible if so provided by
law
- EXAMPLE: Under the law, taxes
should be paid within a defi nite
period. Although money is physically
divisible, the amount of tax payable
must be delivered in toto, not partially.
- EXCEPTION RULE: xxxx or intended by the parties.
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Obligations which have for their object the execution of a

certain number of days of work (par. 1.).

RULE: In case of a divisible contract, if the illegal terms can be

separated from the legal ones, the latter may be enforced. (Art.
1420, Civil Code; see Angel Jose Warehousing Co., Inc. v.
Chelda Enterprises, L-25704, Apr. 24, 1968).

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