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 or modify the provisions
of Chapter 2 of this Title.
Concept
a. Divisible – capable of division or capable of partial
performance
Example: To deliver 100 kilos of C4 rice
b. Indivisible – not capable of division or not capable
performance
Example: To deliver a specific car
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. 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.

However, if the object is not physically divisible or the service

is not susceptible of partial performance, the obligation is
always indivisible, the intention of the parties to the contrary
notwithstanding. This rule is absolute.

Qualitative division or one based on quality, not on

number or quantity of the things that are the object of the
obligation.
Qualitative division or one based on quality, not on
number or quantity of the things that are the object of the
TEST FOR THE DISTINCTION
The controlling circumstance is not the possibility or impossibility of partial prestation but the purpose of
the obligation or the intention of the parties.
Ex.
Ren agreed to pay Ron 4,000php in four equal monthly installments.
But if the agreement is that Ren will pay Ron on a certain date the full amount of 4,000php, the obligation
will now become INDIVISIBLE.
The divisibility of an obligation should not, therefore, be confused with the divisibility of the thing which
is the object thereof.

WHAT IF THE NATURE OF THE OBJECT OR PERFORMANCE IS INDIVISIBLE?

If the object or performance is not capable of partial fulfillment, the obligation will always be
INDIVISIBLE.
This rule is ABSOLUTE.
KINDS OF INDIVISIBILITY:
Legal Indivisibility
where a specific provisions of law declares as indivisible, obligations which, by their nature are divisible.
Conventional Indivisibility
where the will of the parties makes as indivisible, obligations which, by their nature are divisible.
Natural indivisibility
where the nature of the object or prestation does not admit of division, e.g., to give a particular car to sing
as song etc.

KINDS OF DIVISION:
Qualitative Division
or one based on quality, not on number or quantity of the things that are the object of the obligation.
Example:
Abby and Beng are heirs. They agreed to divide the inheritance; Abby - the house and lot and B - the
ricefield and a car.
Quantitative Division
or one based on quantity rather than on quality.
Example:
Pedro and Jose divided the 100kgs of rice into two equal parts.
Ideal or Intellectual Division
or one which exists only in the minds of the parties.
Example:
- Maria and Juan are co-owners of a car.

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. (1150)

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. (1151a)
Obligations Deemed indivisible