I.
Definitions
Define or give the meaning of the following:
1. Divisible obligation.
An obligation is divisible when it is capable of partial fulfillment, as defined in
Article 1223 of the Civil Code.
2. Indivisible obligation.
As a counterpart of divisible obligation, an obligation is indivisible when it is not
capable of partial fulfillment.
3. Legal indivisibility.
Legal indivisibility occurs when a specific provision of law declares an obligation
as indivisible which its object or prestation is not divisible by nature.
II.
Discussions
1. Explain: The divisibility of an obligation is different from the divisibility of the
thing which is the object thereof.
Under Article 1223, an obligation’s divisibility or indivisibility is not based on the
divisibility or indivisibility of its object. Hence, even the object may be physically
divisible, but the law or parties intend that the obligation is to be indivisible, it will
be considered as indivisible. If the objects cannot be physically divisible, it will be
an indivisible obligation based on the absolute rule.
2. What obligations are deemed indivisible?
Article 1225 states that there are four instances wherein the obligation is deemed to
be indivisible, these are: obligations to give definite things, obligations that are not
susceptible to partial performance, obligations provided by law to be indivisible
even if the thing or service is physically divisible, and obligations intended by
parties to be indivisible even of thing or service is physically divisible.
3. What obligations are deemed divisible?
As stated also in Article 1225 there are three instances wherein an obligation is
deemed to be divisible. These are obligations which have for their object execution
of a certain number of days of work, obligations which have for their object the
accomplishment of work by metrical units, and obligations which are susceptible
of partial performance.
III.
Problems
Explain or state briefly the rule or reason for your answer:
1. A and B bind themselves to pay C their loan of Php10,000 on a certain date. Is the
obligation divisible or indivisible?
The obligation here is classified as indivisible, because even though the object is
divisible, but the debtors intended the object to be indivisible as they will pay the
money on a particular date meaning it cannot be fulfilled partially or as an
installment.
2. A, B, and C oblige themselves jointly to deliver to D a particulars horse on a certain
date. The agreement among A, B, and C which was made known to D is that they
will contribute the amount in buying the horse. The horse was not delivered on the
due date because of the failure of B to give his share of the purchase price. State
the rights and obligations of the parties.
Following Article 1224, since the liability here is joint which is to deliver a horse
and it is classified as indivisible. One of the debtors here failed to fulfill the
obligation, then it will be converted into the payment of damages. Whereas debtors
A and C will pay for their shares and are not liable for the share of B. While B is
also bound to pay D damages as depends on the creditor, which is D.
3. D finds himself to pay his loans of Php10,000 in four equal monthly installments.
Is the obligation of D divisible or indivisible?
This is a divisible obligation as stated in Article 1225, it is under obligations that
by nature are susceptible to partial fulfillment. Because P10,000 will be paid by
installment, then D will pay P2,500 every month for four months.
Reference:
S., D. L., & Jr, D. L. (2014). The Law on Obligations and Contracts. Manila: Rex Book Store.