DIVISIBLE

and
INDIVISIBLE
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 or modify the
provisions of Chapter 2 of this Title. (1149)
 Delivery/
Performanc Divisible
e
the object of which, in its delivery
or performance, is capable of
partial fulfillment

Indivisible the object of which, in its delivery

or performance, is not capable of
partial fulfillment
 Test of Distinction
INTENTION
PURPOSE of the obligation of the
parties
an obligation is
not the possibility Even if the object or indivisible if so
or impossibility of service may be provided by law or
partial prestation physically divisible intended by the
parties
Test of distinction The intention of the parties will not
control in trying to make an INDIVISIBLE
Obligation to a divisible one.

The obligation is always INDIVISIBLE.

THE RULE IS ABSOLUTE

The intention of the parties will not control in trying

to make an INDIVISIBLE Obligation to a divisible one.
Test for the distinction

REMINDER

An obligation is presumed
indivisible where there is only one
creditor and only one debtor (Art.
1248)
ART. 1223 APPLICABILITY
The things, refer to
the object or
prestation of the
obligation, which may
be to deliver a thing
or to render some
service.
 ART. 1223 APPLICABILITY
EXAMPLE #1

• D agreed to pay C P10,000 in four equal

monthly installments.

• The obligation of D is divisible because it is

capable of partial performance
 ART. 1223 APPLICABILITY
EXAMPLE #1
• But if the agreement states:

• D will pay C on a certain date, the full amount

of P10,000, the obligation is indivisible
• Although money is physically divisible, but the
INTENTION of the parties is that the obligation
must be fulfilled at one time and as a whole
 ART. 1223 APPLICABILITY
EXAMPLE #1
• Divisibility of an obligation should not,
therefore, be confused with the divisibility of
the thing which is the object thereof.
Divisibility of an obligation divisibility of the thing
 ART. 1223 APPLICABILITY
EXAMPLE #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
 ART. 1223 APPLICABILITY
EXAMPLE #3

S will deliver one-half of the car on November

15 and the other half on November 30 to B.
• Naturally, B will not agree
• Assume B agrees, will the obligation be
divisible or indivisible?
• Answer: IT IS STILL INDIVISIBLE
• S must deliver the whole car on November 15
or Nov. 30
 ART. 1223 APPLICABILITY
EXAMPLE #3
Reminder:
• A definite thing, like a car,
cannot be served into parts
without altering its 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 it
 DIVISIO QUALITATIVE
N
one based on quality, not on
number or quantity of the things
which are the object of the
obligation

QUANTITATIVE
IDEAL/
INTELLECTUAL
one based on quantity rather
one which exists only
than on quantity.
in the minds of the
parties
 KINDS OF DIVISION
• QUALITATIVE division- one based on quality,
not on number or quantity of the things which
are the object of the obligation.
Example:
• A and B are heirs of C. they agreed to divide
their inheritance as follows:
• To A – a house and lot and home appliances

• To B – a ricefield, a car and P10,000 cash

• FACING THE ROAD • INSIDE THE HACIENDA
 KINDS OF DIVISION
• QUANTITATIVE division – one based on quantity rather
than on quantity.
• Example:
1. A and B are heirs of C. the inheritance consists only of
a ricefield, its partition by meters and bounds into two
equal parts is quantitative division:
• To A – upper half of the ricefield facing the road
• To B – lower half of the ricefield inside the hacienda
2. When A and B divide 300 cavans of palay harvested
from the ricefield, or the P10,000 cash
 ½ rights

½ rights
 KINDS OF DIVISION
• IDEAL or INTELLECTUAL division – one which exists only in the
minds of the parties
• Example:
1. A and B are heirs of C. the inheritance consists of a ricefield
and a car.
it is not partition by meters and bounds,
No material partition but only mentally done.
They are co-owners of the said property:
• To A – ½ of the ricefield and ½ of the rights to car
• To B – ½ of the ricefield and ½ of the rights to car

Neither one can say that he is the absolute owner of a specific

portion the ricefield or the car
 KINDS OF INDIVISIBLITY

Legal
indivisibility

Conventional

Natural
 KINDS OF INDIVISIBLITY
• LEGAL indivisibility – where a specific provision of
law declares as indivisible, obligations which by
their nature, are divisible (Art. 1225 par. 3)

• CONVENTIONAL indivisibility – where the will of

the parties makes as indivisible, obligations
which, by their nature, are divisible; and

• NATURAL indivisibility – where the nature of the

object or prestation does not admit of division
 Article 1223
Divisibility and Indivisibility
in relation to Chapter 2, Title 1

• “Nature and Effect of Obligations”

(1163-1178)
• Applicable but involves only one
creditor and only one debtor.
 RULE

• Exception: debtor may not perform the entire

obligation if there is an express stipulation to
that effect (Art 1248 par 1)
• The 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.
 • Divisibility or Indivisibility apply refers to the object
or prestation (Art. 1210), it does not alter or
Rule 1 modify said provisions(Art 1223)

• When there is only one creditor and one debtor,

the debtor has to perform the obligation in its
Rule 2 totality, whether or not the prestation is divisible.

• Exception: debtor may not perform the entire

obligation if there is an express stipulation to that
Rule 2 effect (Art 1248 par 1)
 • The creditor cannot be compelled partially
to receive the prestations in which the
Rule 3 obligation consists

• The obligation is not deemed paid unless

the thing or service in which the obligation
consists has been completely delivered or
Rule 4 rendered, as the case may be.
 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 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 converted into one for damages (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.

Relate to Art. 1209

 Obligations deemed indivisible
RULES
3. Obligations provided by law to be
indivisible even if the thing or service is
physically divisible
Ex. Payment of Taxes, under the law, it
should be paid within a definite period.
Although money is physically divisibile, the
amount of tax payable must be delivered in
toto, not partially
 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)
 Obligations deemed indivisible
RULES
1. To give definite things
• The nature of the subject matter
Ex. To give a particular electric fan; to deliver a
specific house.
2. and those not susceptible of partial performance
• The reason of its purpose which requires the
performance of all the parts
Ex.to sing a song, to dance the tinikling
 Obligations deemed indivisible
RULES
3. Obligations intended by the parties to
be indivisible even if the thing or
service is physically divisible
Ex. Obligation of D to give P1,000 to C on a
certain date. Money is physically divisible
but the clear intention here is for D o
deliver P1,000 at one time and as a whole
 Obligations deemed indivisible
RULES
4. Obligations intended by the parties to be indivisible even
if the thing or service is physically divisible
Suppose there are 2 debtors D and E to give P1,000 to C, is the
obligation still indivisible?

For D and E- the obligation becomes divisible because the

delivery of P1,000 can be done in parts. D –P500 and E-P500

For C- the obligation remains indivisible because its

performance cannot be done in parts.
 Obligations deemed DIVISIBLE
RULES
1. Obligations which for their object the execution of a certain
number of days of work
Ex. The obligation of D to paint the house of C, the painting to be
finished in 10 days. Here the obligation need not be fulfilled a one
time

2. Obligations which have for their object the accomplishment

of work by metrical units
• The reason of its purpose which requires the performance of
all the parts
Ex. The obligation of D to make a table, 3 feet wide and 5 feet
long; the obligation of D and B to deliver 20 cubic meters of sand.
But in case the obligation of D alone is to deliver 20 cubic meters
of sand is indivisible.
 Obligations deemed DIVISIBLE
RULES
3. Obligations which by their nature are susceptible
of partial performance
Ex. The obligation to teach “Obligations and
Contracts” for one year in a university;
the obligation of E to render 3 song numbers in a
program;
The obligation of F to pay a debt of P12,000 in 12
monthly installments of P1,000 but each prestation to
pay P1,000 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 no to do, the character
of the prestation in each particular case shall
determine their divisibility or indivisibility
• Obligations “to do” and “not to do” are
generally indivisible.
• Obligations “to do” stated in paragraph 2 of
Article 1225 are divisible
 Divisibility or Indivisibility
in obligations not to do
1) Indivisible obligation: A obliged himself to B
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 A is not

to sell cigarettes in his store only during
Sundays and holidays, the obligation is divisible
because the forbearance is not continuous
 Q: What is the true test in determining
divisibility?
• A: Whether or not the prestation is susceptible
of partial performance, not in the sense of
performance in separate or divided parts, but in
the sense of the possibility of realizing the
purpose which the obligation seeks to obtain. If
a thing could be divided into parts and as
divided, its value is impaired disproportionately,
that thing is indivisible. (Pineda, Obligations and
Contracts, 2000 ed, p. 174)
Q: What is the primary distinction between
divisible and indivisible obligations?
DIVISIBLE INDIVISIBLE

Susceptibility of an Non‐susceptibility to
obligation to be be performed partially
performed partially Partial performance is
tantamount to non‐
performance
 Q:AWhen
nswer:may an obligation to deliver a
divisible thing
1. When th be considered indivisible?
e law so pro
2. By stipula vides; or
tion of the
(3rd par., Ar parties.
t. 1255, NCC
)
Answer:
1. When the law so provides; or
2. By stipulation of the parties.
(3rd par., Art. 1255, NCC)
Q: What is the effect of illegality of a
part of a contract?
Answer:
• Divisible contract – illegal part is void
and unenforceable. Legal part is valid
and enforceable. (Art. 1420, NCC)

• Indivisible contract – entire contract

is indivisible and unenforceable.
Q: What is the effect of partial performance
in indivisible obligation?

Answer:
It is tantamount to non‐
performance.
(Pineda, Obligations and Contracts,
2000 ed, p. 179)