04/23/2020
Divisible and Indivisible
Obligations
KINDS OF
OBLIGATIONS DIVISIBLE OBLIGATION INDIVISIBLE OBLIGATION
DIVISIBLE AND INDIVISIBLE
One capable of partial One not capable of
OBLIGATIONS and performance partial performance
OBLIGATIONS WITH A PENAL CLAUSE
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Article 1209 Article 1224
If the division is impossible, the right of the A joint indivisible obligation gives rise to indemnity for
creditors may be prejudiced only by their damages from the time anyone of the debtors does
not comply with his undertaking. The debtors who
collective acts, and the debt can be enforced
may have been ready to fulfill their promises shall not
only by proceeding against all the debtors. If
contribute to the indemnity beyond the
one of the latter should be insolvent, the others
corresponding portion of the price of the thing or the
shall not be liable for his share.
value of the service in which the obligation consists.
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Characteristics Sample Problem
1. The obligation is joint but since the object is A, B and C obliged themselves to give W, X, Y
indivisible, the creditor must proceed against and Z a brand new Mitsubishi Xpander valued at
ALL the joint debtors. ₱ 1.5M. A became insolvent. Thus, the debtors
were not able to purchase the car. On the other
2. Demand must be made on ALL joint debtors. hand, W and X renounced their rights over the
car.
3. If any of the joint debtors be insolvent, the
others shall not be liable for his share. How much can the creditors get from each of
the debtors?
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Answer Article 1221
₱1,500,000/3 debtors = ₱500,000 for each debtor Effect of loss or impossibility:
1. If without fault of the solidary debtors – no liability.
₱500,000/4 creditors = ₱125,000 credit for each The obligation is extinguished.
creditor 2. If with fault on the part of any of the solidary
debtors – they shall be responsible for the price
Y and Z will get: and damages and interest, without prejudice to
their action against the guilty or negligent
debtor.
₱125,000 from B and ₱125,000 from C
3. Fortuitous event AFTER default – liable for the
price and damages and interest.
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Sample Problem Article 1225
A and B solidarily obliged to give X a particular car.
Obligations that are deemed indivisible:
1. Suppose the car was lost due to FE and without fault on 1. Obligations to give definite things
the part of the debtors. Is the obligation extinguished?
2. Those which are not susceptible of partial
2. Suppose the car was lost through the fault of A and X performance
makes a demand against B, is B liable for the price of the 3. Even if a thing is physically divisible, it may be
car, damages or interest? indivisible if so provided by law
3. Suppose the car was lost through FE after a demand was 4. Even if a thing is physically divisible, it may be
made by X. Is the obligation extinguished? indivisible if such was the intention of the parties
concerned.
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Article 1225 Obligation with a Penal Clause
Obligations that are deemed divisible: Penal clause is an accessory undertaking
1. When the object of the obligation is the to assume greater liability in case of
execution of a certain number of days of work breach.
2. When the object of the obligation is the
accomplishment of work by metrical units
3. When the purpose of the obligation is to pay a To ensure performance of an obligation
certain amount in installments. and to substitute for damages and the
4. When the object of the obligation is the payment of interest in case of non-
accomplishment of work susceptible of partial compliance.
performance.
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Obligation with a Penal Clause
GR: The penalty shall substitute the indemnity for
damages and payment of interests
Except:
1. if there is stipulation to the contrary;
2. if the debtor refuses to pay the penalty; and
3. the debtor is guilty of fraud in the fulfillment of
the obligation
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