SECTION 5.

DIVISIBLE AND INDIVISIBLE

OBLIGATIONS
 MEANING OF DIVISIBLE AND
INDIVISIBLE OBLIGATIONS:

1.A divisible obligation is one the object of

which, in its delivery or performance, is capable
of partial fulfillment.
2.An indivisible obligation 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 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. (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.
• An obligation is presumed indivisible where there is only one creditor and only
one debtor. (see Art. 1248.)
 APPLICABILITY OF THE ARTICLE 1223.
While Article 1223 appears to be limited to real obligations because it speaks of
“things,” the world is used in its broad sense as referring to the object or prestation of the
obligation, which may be to deliver a thing or to render some service.

EXAMPLES:
(1) D agreed to pay C P2,000.00 in four equal monthly installments.
The obligation of D is divisible because it is capable of partial performance.
But if the agreement is that D will pay C on a certain date the full amount of
P2,000.00, the obligation is indivisible although money is physically divisible because the
intention of the parties is that the obligation must be fulfilled at one time and as a whole (not
partially).
The divisibility of an obligation should not, therefore, be confused with the divisibility
of the thing which is the object thereof.
 (2) S obliged himself to deliver to B a specific car on November 15. This
obligation is indivisible because it is not capable of partial performance. The car
must be delivered at one time and as a whole.
(3) Suppose the agreement is that S will never 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 served into
parts without altering is essence or destroying its value. 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.)
 ILLUSTRATIVE CASE
• Contract contemplates stage by-stage construction and payment approach.

• Facts: One of the conditions of the conditions of the building contract is that C
(contractor) shall start the construction of the building by stages advancing the necessary
amount needed for each stage of work and O (owner), to reimburse the amount of spent
on the work accomplished by C before proceeding to the next stage, and that C will give
a new performance bond in proportion to the remaining value or cost of the unfinished
work as a per approved plans and specifications.

• Issue: Does the amount of the bond (20%) refer to the whole unfinished work?
• Held: No. The parties contemplate a divisible obligation necessitating a performance
“in proportion to” the uncompleted work. The quoted words mean a bond equal to
20% of the next stage of work to be done. It would have been different were C is
required to give a new performance bond to cover the remaining value cost of the
unfinished work of the construction. (Pasay City Government vs. CFI of Manila , 132
SCRA 156 [1987] : see Gonzales vs. Court of Appeals, 124 SCRA 630 [1983].)
 KINDS OF DIVISION
• They are:
• (1) Qualitative division or one based on quality, not on number or quantity of the things that
are the object of the obligation.
• 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 on quality.
• EXAMPLE:
• In the preceding example, if the inheritance consist only of a rice field its partition by
metes 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 ricefield or the P100,000,00 cash.
•
(3) Ideal or intellectual division or one which exists only in the minds of the parties.
• EXAMPLE:
Suppose the car and the rice field in the first example, were inherited by both A and B.
As a 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 a specific portion thereof.

KINDS OF INDIVISIBILTY
• They are:
(1) Legal indivisibility. – where a specific provision of law declares as indivisible, obligations
which, by their nature, are divisible (Art. 1225, par. 3);
(2) Conventional indivisibility. – where the will of the parties makes as indivisible, obligations
which, by their nature, are divisible (Ibid); and
(3) Natural indivisibility. – where the nature of the object or prestation does not admit of
division, e.g., to give a particular car to sing a song, etc, (Ibid., par. 1)
 WHERE THERE IS ONLY ONE
CREDITOR?AND ONE DEBTOR.
The provisions of Chapter 2, Title 1, regarding the “Nature and Effect of Obligations”
in general (Arts. 1163 to 1178.) are also applicable to divisible or indivisible obligations. They
contemplate obligations involving only one creditor and only one debtor.
Since divisibility or indivisibility refers to the object or prestation (see Art. 1210), it
does not alter or modify said provisions, (Art. 1223.) When there is only one creditor and one
debtor , the latter has to perform the obligation in its totality , whether or not the prestation is
divisible. Unless there is an express stipulation to the that effect, says Article 1248 (par. 1), the
creditor cannot be compelled partially to receive the prestations in which the obligation
consists: and in accordance with Article 1232, an obligation is not deemed paid unless the
thing or service in which the obligation consists has been completely delivered or rendered, as
the case may be.
ART. 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 anyone of the debtor those 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 fulfilled their promises.
• In a solidary obligation, the breach by a co-debtor makes all debtors liable for damages. The
obligation remains solidary without prejudice to their right against the guilty or negligent
debtor. (Art.1221, par. 2). In a joint indivisible obligation, the effect of non-compliance by a
debtor is to make all the debtors liable for damages but the innocent shall not contribute
beyond their respective shares of obligations. The obligation becomes a divisible one,
• The above provision has already been explained under Article 1209.

ART. 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
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 presentation in each particular case. (1151a)

OBLIGATIONS DEEMED INDIVISBLE

The above article lays down the general rule for determining the divisibility of an obligation. As has
been seen , however , the purpose of the obligations the controlling circumstance . This rule applies not
only obligations to give but also to those of doing or not doing. (4 Sanchez Roman 94.)
Divisible and indivisible obligations are not to be confused with divisible and indivisible
contracts. (see Art. 1420.)
(1) Obligations to give definite things (par. 1). –
EXAMPLES:
To give a particular electric fan: to deliver a specific car. Here, the obligation is
indivisible because of the nature of the subject matter.
(2) Obligations which are not susceptible of partial performance (Ibid.). –
EXAMPLES:
To sing a song: to dance the “tinikling”
`Here, the obligation is indivisible by reason of its purpose which requires the
performance of all the parts.
Is the obligation still indivisible, if there are more than one participant?
The obligation becomes divisible as far as the participants are concerned because it is
capable of partial performance.
(3) Obligations intended by the parties to be indivisible even if thing or service is physically
divisible (par. 3.). –
EXAMPLES:
Under the law, taxes should be paid within a definite period.
Although money is physically divisible, the amount of tax payable must be delivered in total,
not partially.
(4) Obligations intended by the parties to be indivisible even if thing or service is physically
divisible (par. 3.).—
EXAMPLES:
The obligations of D to give P1,000,00 to C on a certain date. Money is physically
divisible but the clear intention here is for D to deliver P1,000,00. at one time and as a whole.
Suppose there are two debtors, D and E, is the obligation still indivisible? The
obligation becomes divisible as far as D and E are concerned because the delivery of
P1,000,00. can be done in parts, e.g P500.00 by D and P500.00 by E. However, as far as C is
concerned, the obligation remains indivisible because its performance cannot be done in parts.
 OBLIGATIONS AND DEEMED DIVISIBLE
(1) Obligations which have for their object the execution of a certain number of days of work
(par. 1.). –
EXAMPLE:
The obligation of X to paint the house of Y, the painting to be finished in 10days.
Here, the obligation need not be fulfilled at one time.
(2) Obligations which have for their object the accomplishment of work by metrical units
(Ibid.). –
EXAMPLES:
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 indivisible.
(3) Obligations which by their nature are susceptible of partial performance. (Ibid.). –
EXAMPLE:
The obligations 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,
1SCRA 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.

DIVISIBILITY OR INDIVISIBILITY IN
OBLIGATIONS NOT TO DO.
In negative obligations not to do, the character of the prestation in each particular case
shall determine their divisibility or indivisibility. (Ibid.)
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.
 OBLIGATIONS DEEMED DIVISIBLE
(1) Obligations which have for their object the execution of a certain number of days of work
(par. 1.). –
EXAMPLE:
The obligation of X to paint the house of Y, the painting to be finished in 10 days.
Here, the obligation need not to be fulfilled at one time.
(2) Obligation which have for their object the accomplishment of work by metrical units
(Ibid.). –
EXAMPLES:
The obligation of X to make a table, 3 feet wide and 5 feet long: the obligation of X
alone to deliver 20 cubic meters of sand is indivisible.
(3) Obligations which by their nature are susceptible of partial performance. (Ibid.).—
• EXAMPLE:
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 oblihgation of Y to pay a debt of P12,000.00 in 12
monthly installments of P1,000.00 (see Soriano vs. Montes, 1SCRA 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.

DIVISIBILITY OR INDIVISIBILITY IN
OBLIGATIONS NOT TO DO
In negative obligations not to do, the character of the prestation in each particular case shall
determine their divisibility or indivisibility (Ibid.).—
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 holidays, 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.