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Oblicon Module 6 (Section 5)

The document discusses divisible and indivisible obligations under Philippine law. It defines divisible obligations as those capable of partial fulfillment, while indivisible obligations cannot be fulfilled partially. Obligations are deemed indivisible if they involve giving definite things, performing obligations not susceptible to partial performance, or are intended to be indivisible by law or the parties. Obligations deemed divisible involve executing a number of work days, accomplishing work in units, or obligations naturally capable of partial performance. Non-compliance by one debtor in a joint indivisible obligation converts it into an obligation for damages.

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80 views5 pages

Oblicon Module 6 (Section 5)

The document discusses divisible and indivisible obligations under Philippine law. It defines divisible obligations as those capable of partial fulfillment, while indivisible obligations cannot be fulfilled partially. Obligations are deemed indivisible if they involve giving definite things, performing obligations not susceptible to partial performance, or are intended to be indivisible by law or the parties. Obligations deemed divisible involve executing a number of work days, accomplishing work in units, or obligations naturally capable of partial performance. Non-compliance by one debtor in a joint indivisible obligation converts it into an obligation for damages.

Uploaded by

Mika Molina
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SECTION 5

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)

Divisible and Indivisible Obligation:

1. Divisible Obligation
 One the object of which is, its delivery or performance, is capable of
partial fulfillment/installment.

2. Indivisible Obligation
 One the object of which is, its delivery or performance, is not capable of
partial fulfillment/installment.

Test for 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. However, if the object is not
physically divisible or the subject is not susceptible of partial performance, the obligation
is always indivisible.

Kinds of Division:

1. Qualitative division
 Divisibility depends on the quality of the thing; not homogenous.
 Example: Inheritance (real and personal property)

2. Quantitative Division
 Divisibility depends on the numbers of the things; homogeneous.
 Example: 1000 hectares of land can be divided into how many parts
3. Ideal or Intellectual Division
 Non-material divisibility; only mental & intellectual.
 Example: Corporation

Kinds of Indivisibility:

1. Legal Indivisibility
 Indivisibility provided by law.

2. Conventional Indivisibility
 Indivisibility is agreed upon by both parties.

3. Natural Indivisibility
 Indivisibility because of the nature of the object or subject matter of the
obligation.

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 converted into one for damages (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.

Example: Mila and Ligaya promised jointly to give a specific car worth P2,400,000 to
Jose. In the meantime, the car is with Honda Motors Co. Mila’s share is, therefore,
P1,200,000. If Mila, because of gambling, does not have the money, but Ligaya has
P1,200,000 it is clear that they cannot get the car from Honda Motors Co. So, they also
cannot comply with their obligation of delivering the car to Jose. Here, the obligation to
give the car is converted to a monetary obligation to give P2,400,000 to Jose. 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.

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


There are four instances wherein the obligation is deemed to be indivisible:

1. Obligations to give definite things


Example: 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


Example: To sing a song; to dance the “tinikling.”
Here, the obligation is indivisible because of its purpose which requires the
performance of all the parts.
Is the obligation still indivisible if there is more than one participant? The
obligation becomes divisible as far as the participants are concerned because it
is capable of partial performance.

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,
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 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 Deemed Divisible


There are three instances wherein the obligation is deemed to be divisible:

1. Obligations which have for their object the execution of a certain number of days
of work
Example: The obligation of Pedro to paint the house of Nene, the painting to be
finished in 10 days. Here, the obligation need not be fulfilled at one time.

2. Obligations which have for their object the accomplishment of work by metrical
units
Example: The obligation of Tristan to make a table, 3 feet wide and 5 feet long.

3. Obligations which by their nature are susceptible of partial performance


Example: The obligation of Janine to pay a debt of P12,000.00 to Marvin in 12
monthly installments of P1,000.00.
Sources:
Capio, K. (2019, February 26). Article 1225. Retrieved December 18, 2020, from
https://kriscapio.wordpress.com/2019/02/13/article-1225/
NA. (2016, March 27). Section 5: Divisible and Indivisible Obligations. Retrieved
December 18, 2020, from https://lspuoblicon2015.wordpress.com/category/i-
obligations/chapter-3-different-kinds-of-obligations/section-5-divisible-and-indivisible-
obligations/
S., D. L., & Jr, D. L. (2014). The Law on Obligations and Contracts. Manila: Rex
Book Store.

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