Title I Chapter 3

DIFFERENT KINDS OF
OBLIGATIONS

Section 5
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)
 ART. 1223.

Meaning of Divisible and

Indivisible Obligations

• A divisible obligation is one the object of

which, in its delivery or performance, is capable
of partial fulfillment.
• An indivisible obligation is one the object of
which, in its delivery or performance, is not
capable of partial fulfillment.
Examples:

1. D agreed to pay C P10,000 in lump sum. D’s obligation is

indivisible because the parties agreed it will be fulfilled at
one time and as a whole (not partially).

But if the parties agreed that D will pay the P10,000 in 2

equal installments, then the obligation is divisible.

Here, the obligation to pay is capable of partial fulfillment

but the parties may agree that it will be indivisible (lump
sum) or incapable of partial fulfillment.
2. D agreed to deliver to C a specific cellphone. D’s
obligation is indivisible because the cellphone
cannot be delivered in pieces without destroying
or altering it.
Suppose the parties agreed that D can deliver the
cellphone in pieces, is the obligation divisible?
No, it is still indivisible because by its nature it is
impossible to deliver the cellphone in pieces
without destroying it . That the parties agreed
that it can be delivered piecemeal does not
change its nature.
3. D agreed to sing the “Lupang Hinirang” in the
next fight of Manny Pacquiao. The obligation is
indivisible. D must finish the singing the national
anthem. D should not stop singing halfway and to
continue it in another fight.

4. Dr. D agreed to operate on patient P. The

obligation is indivisible. D must finish the
operation. D should not stop operating halfway
and to continue it some other time.
 Test for the Distinction

In determining whether an obligation is divisible or

not, the controlling circumstance is the purpose of
the obligation or the intention of the parties.
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.
An obligation is presumed indivisible where there is
only one creditor and only one debtor. (Art. 1248.)
 Kinds of Division
(1) Qualitative division or one based on quality

(2) Quantitative division or one based on quantity

(3) ldeal or intellectual division or one which

exists only in the minds of the parties
 Kinds of Indivisibility
(1) Legal indivisibility - where a specific provision of
law declares as indivisible, obligations which, by their
nature are divisible. (E.g. Payment of fine for a crime or
offense.)

(2) Conventional indivisibility - based on agreement

of the parties to make indivisible an obligations which
by its nature is divisible. (E.g. To pay money.)
(3) Natural indivisibility - When the nature of the
object or prestation does not admit of division. (E.g. To
give a cellphone, to sing a song.)
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)

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)
 Effect of Non-compliance by a
Debtor in a Joint Indivisible
Obligation

• The obligation is converted into one for damages.

• The creditor is not allowed to ask specific
performance or rescission.

Note: Refer to the lecture in Article 1209 in Joint and

Solidary Obligation.
 Obligations Deemed Indivisible
(1)Obligations to give definite things

Example:

To give a particular cellphone; 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
Example:

To sing a song; to operate on a patient.

Here, the obligation is indivisible by reason of its
purpose which requires the performance of all the
parts.
(3) Obligations provided by law to be indivisible
even if thing or service is physically divisible

Example:
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 toto (as a whole), not
partially.
(4) Obligations intended by the parties to be indivisible
even if thing or service is physically divisible

Example:
The obligation of D to give P5,000 to C on
a certain date. Money is physically divisible
but the clear intention here is for D to deliver
the P5,000.00 at one time and as a whole.
 Obligation Deemed Divisible

(1) Obligations which have for their object the

execution of a certain number of days of work
Example:
D obliged himself to construct C’s house in 6 months. Here,
the obligation need not be fulfilled in day only.
(2) Obligations which have for their object the
accomplishment of work by metrical units
Example:
The obligation of D to build a 5-kilometer road.
The obligation of D and B to deliver 5 metric tons of rice.
But if only D is obliged to deliver the rice, then the obligation
is indivisible.
(3) Obligations which by their nature are susceptible of
partial performance.
Examples:

D’s obligation to teach “Obligations and

Contracts" for one semester in the university.
D’s obligation to render 3 song numbers in a
program.
D’s obligation to pay a debt.
 Divisibility or Indivisibility in
Obligations Not to Do

The character of the prestation in each

particular case shall determine the
divisibility or indivisibility of the obligation.
Indivisible Obligation:
A obliged himself to B not to compete with B’s
business for one year.

Here, the obligation should be fulfilled

continuously during a certain period.
Divisible Obligation:
If A’s obligation not to compete with B’s business only
during the Christmas season, then the obligation is
divisible because the forbearance is not continuous.