Divisible and Indivisible Obligations
 Divisible Obligations- those which have as their obligation.
object a prestation which is susceptible of partial
accomplishment without changing the essence
of the obligation.
 Indivisible Obligations- those which have as
their object a prestation which is not susceptible
to partial fulfilment, otherwise, the essence of
the obligation will be changed.
- Divisibility of an obligation – pertains to the
performance of the prestation which constitutes the
object of the obligation
- Divisibility of the things or prestation- pertains to the
prestation itself. (the thing to be delivered)
-Thing is indivisible when – if separated into parts, its
essence is changed or its value is decreased
disproportionately.
-Thing is divisible when- if separated into parts, its
essence is not changed or its value is not decreased.
- it must be possible to
reconstruct the thing itself into its condition prior to the
division by uniting the different parts into which it had
been divided.
KINDS OF DIVISION:
1. Quantitative- the thing can be materially divided into
parts and such parts are homogenous to each other. (Ex:
1000 has. land may be divided into parts)
2. Qualitative- the thing can me materially divided into
part and such parts are not exactly homogenous. (Ex:
Inheritance- real or personal)
3. Ideal or intellectual- when the thing can only be
separated into ideal or undivided parts, not material parts
(Ex: Co-ownership)
Art. 1223
Gen. Rule: The creditor cannot be compelled partially to
receive the prestation in which the obligation consists;
the debtor cannot be required to make partial payments.
Exceptions:
1. When the obligation stipulated the contrary
2. When the different prestations constituting the
objects of the obligation are subject to different terms and
conditions; and
3. When the obligation is in part liquidated and in
part unliquidated.
- When there is only one creditor and one debtor, the
divisibility or indivisibility of obligation is of little
significance.
-When there is plurality of creditors and debtors, effect
of divisible or indivisible character of the obligation shall
depend whether obligation is joint or solidary.
Solidary- governed by Art. 1211 to Art. 1222
- when each debtor may be held liable for the entire
-Defenses: ART. 1222
1. Defenses derived from the nature of the
obligation .
2. Defenses that are personal to him, or pertain to
his own share.
3. Defenses with respect to those which personally
belong to the others, only as regards that part of the debt
for which the latter are responsible.
- Art. 1221.
If the thing has been lost or if the prestation
has become impossible without the fault of the solidary
debtors, the obligation shall be extinguished.
If there was fault on the part of any one of
them, ALL shall be responsible to the creditor, for the
price and the payment of damages and interest, without
prejudice to their action against the guilty or negligent
debtor.
If through a fortuitous event, the thing is
lost or the performance has become impossible after
one of the solidary debtors has incurred in delay through
the judicial or extrajudicial demand upon him by the
creditor, the provisions of the preceding paragraph shall
apply.2
JOINT - no creditor can act in
representation of the others, and second, that no debtor
can be compelled to answer for the liability of the others.
 Joint and at the same time divisible
ART. 1208:
Each creditor can demand only for the
payment of his proportionate share of the credit,
while each debtor can be held liable only for the
payment of his proportionate share of the debt.
 Joint and at the same time indivisible
ART. 1209:
If there are two or more debtors, the
fulfillment of or compliance with the
obligation requires the concurrence of all of
the debtors, although each for his own share
If there are two or more creditors, the
concurrence or collective act of all the creditors,
although each for his own share, is also necessary
for the enforcement of the obligation.
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.
ART. 1225:
Definite things and those not susceptible of partial
performance shall not be deemed indivisible.
When the obligation has for its object the execution of
number of days of work, accomplishment of work in
metrical units, shall be divisible. – Obligations to do
Even if physically divisible, but the law or stipulation of
parties provide otherwise, it shall be indivisible.
Obligations to give- divisible or indivisible nature of the
thing.
Obligations not to do- shall depend upon the character of
the prestation in each particular case.
Section 6- Obligations with a penal clause
- one which has an accessory undertaking for the purpose
of insuring its performance by virtue of which the obligor
is bound to pay a stipulated indemnity of perform a
stipulated prestation in case of breach.
Purpose:
1. Funcion coercitiva o de garantia – insure performance
of the obligation.
2. Funcion liquidatoria- liquidation of damages to be
awarded to the injured party in case of breach of the
principal obligation
3. Funcion estrcitamente penal- to punish obligor in case
of breach of the principal obligation.
Kinds of Penalty:
1. Origin
a. Legal – constituted by law
b. Conventional- constituted by the agreement of the
parties
2. Purpose:
a. Compensatory- indemnifying damages
b. Punitive- punishing the obligor
3. Effect:
a. Subsidiary- only one penalty may be demanded in
case of breach of the obligation
b. Joint- injured party may demand enforcement of
both penalty and principal obligation.
ART. 1226
Gen. Rule: Penalty (enforced when it is demandable)
substitutes the indemnity for damages. Penalty is fixed by
the contracting parties.
Exceptions:
1. When there is a stipulation to the contrary
2. When the obligor is sued for refusal to pay the agreed
penalty
3. When the obligor is guilty of fraud.
- obligee can recover not only penalty but also the
damages or interests resulting from the breach of the
principal obligation.
ART. 1228:
If penalty is fixed by contracting parties, proof of actual
damages suffered by the injured party is not necessary in
order that penalty may be demanded.
However, if exceptions in Art 1226 is applicable, in order
to recover damages in addition to penalty, amount of
damages must be proved.
ART. 1229:
Judge may reduce the penalty:
1. If the principal obligation has been partly complied
with
2. if the principal obligation has been irregularly
complied with
3. if the penalty is iniquitous or unconscionable even if
there has been no performance.
CHAPTER 2: Nature and effect of obligations:
ART. 1163:
Obligation to give:
A. Determinate
B. Generic or indeterminate
- Diligence of a good father
Exception:
- when the law or stipulation of parties requires
otherwise.
Moment the obligation to give arises:
a. Contracts- upon its perfection
b. Law, quasi-contract, quasi-delict, criminal
offenses- provisions of the CC and special laws creating
or regulating it.
Nature of right over the fruits:
a. Personal right ( jus ad rem)- a right pertaining to a
person to demand from another, as a defi nite passive
subject, the fulfi llment of a prestation to give, to do or
not to do.’’
b. Real right (jus in re) - right pertaining to a person
over a specifi c thing, without a passive subject
individually determined against whom such right may be
personally enforced
Rights of creditor in determinate obligations:
1. To compel specific performance
2. To recover damages for breach of the obligation
Rights of the creditor in generic obligations:
1. To ask for performance of the obligation
2. To ask that the obligation be complied with at the
expense of the debtor.
3. To recover damages for breach of the obligation
Obligations of the debtor in determinate obligations:

1. To perform the obligations specifically

2. To take care of the thing with the proper diligence of a
good father of a family
3. To deliver all accessions and accessories of the thing,
even though they may not have been mentioned.
4. To be liable in case of breach of obligation by reason
of delay, fraud, negligence or contravention of tenor

Obligations of the debtor in indeterminate

obligations:

1. To deliver the thing which is neither of superior or

inferior quality
2. To be liable for damages in case of breach of the
obligation by reasons of delay, fraud, negligence or
contravention of the tenor thereof.