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]
example, are usually divisible: the employee must work even if the salary
is not paid on time.
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.

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.