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)

Ang pagkakahati o ‘di pagkakahati ng bagay na nilalaman ng mga obligasyon kung saan may isa lamang na nangutang at isa lamang na nagpautang ay hindi binabago ang probisyon ng Chapter 2 ng titulong ito.

Discussion:

Divisibility – is the susceptibility of an obligation to be performed partially [ill. Obligation to deliver 100 pcs watches of a particular brand and quality]

Indivisibility – is the non-susceptibility of an obligation for partial performance realizing the purpose of which the obligation seeks to obtain. [ill. Obligation to deliver a particular car]

Classification of Divisibility

1.Qualitative Division – divisibility depends on the quality of the thing; not homogenous (e.g. Inheritance – real & personal property)

2.Quantitative Division  – divisibility depends on the numbers of the things; homogeneous (e.g. 1000 hectares of land can divided into how many parts)

3.Ideal Division –  non-material divisibility; only mental & intellectual (e.g. Corporation).

Kinds of Indivisibility

1.Legal Indivisibility – indivisibility provided   by law

2.Conventional Indivisibility – indivisibility agreed upon by both parties

3.Natural Indivisibility– indivisibility by reason of the nature of the object or subject matter of the obligation

Indivisibility (1)   vs  Solidarity (2)

1.(1) Indivisibility is the Nature of the obligation ; (2) Solidarity is the “vinculum” or juridical tie existing between the parties

2.(1)one debtor & creditor involved in the obligations (2)there must be at least be two debtors or creditor

3.In indivisibility, does not consider the fault of one party as the fault of others; in solidarity the fault of one is considered the fault of the other

4.(1)The death of the debtor does not extinguish the prestation bec. the heirs are bound to perform by the unfulfilled prestation.  (2) the debt of the debtor is not tranferred to heirs, therefore, terminates the solidarity.

**no case cited

Illustration:

Divisible:

Mr. Nocom died intestate, leaving 1000 hectare parcel of land to his heirs.  The property can be divided to his heirs proportionately.

Indivisible:

Jun obtained a contract to deliver a 4×4 Toyota Pick up, fully automatic, 2016 model to Mau that she will use for Off-Road trip not later than January 31. However, the only available model is a 2016 model 4×2 Toyota pick up, full automatic.  Jun cannot deliver the pick up available because the contract is non- susceptible for partial performance realizing the purpose of which the obligation seeks to obtain. Jun  has to deliver the exact car model required.

Article 1224

A joint indivisible obligation gives the 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.

Ang pinagsamang hindi mapaghihiwalay na obligasyon ay maaaring magbigay ng kaukulang bayad pinsala simula noong ang nangutang ay hindi makatupad sa kanyang pangako. Ang nangutang na maaaring nang handa upang kanyang tuparin ang kanyang pangako ay hindi na magbibigay ng kontribusyon para sa bayad doon sa kung ano ang halaga ng isang bagay o halaga ng serbisyo kung saan ay napapabilang ang obligasyon.

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 purpose of the preceding articles, obligation 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)

Para sa mga susunod na artikulo, ang obligasyon na magbigay ng natatanging mga bagay at para sa mga gawaing hindi maaaring magawa nang pahapyaw ay inaakalang hindi na mahahati.

Kung ang pagtupad ng obligasyon ay sumasaklaw sa arawan o ang pagganap nito ay masusukat, o di kaya ito mga bagay na analogo na maaaring magawa nang pahapyaw, ito ay mahahati.

Ngunit kahit ang isang bagay o serbisyo ay pwedeng mahati nang pisikal, ang obligasyon ay mananatiling buo kung ito ay nakasaad sa batas o di kaya ay intensyong maging buo ng baway partido.

Para sa mga obligasyong hindi paggawa, and pagigin buo o di buo nito ay itatakda ng karakter ng prestation ng bawat kaso.

Discussion:

Effect of illegality of a part of a contract

1. Divisible Contract –  if the contract is divisible and a part of it is illegal, the illegal part of the contract is considered void and not enforceable.
2. Indivisible Contract – if the contract is indivisible and a part of it is illegal, the entire contract is considered void and not enforceable.

Effect of partial performance of an indivisible contract

When an obligation is indivisible, it is not susceptible to partial performance, therefore, a debtors who only does a part of the obligation cannot revocer payment for the partial work that he has done because for an indivisible contract, partial performance is equivalent to non-performance.

Case Illustration: Angel Jose Warehousing Co. Inc. vs. Chelda Enterprises (23 SCRA 119)