Section 5. Divisible and Indivisible Obligations

1. DIVISIBILITY

• If the thing subject in the obligation can be divided or delivered partially into parts (e.g. 100 sacks of rice)

2. INDIVISIBILITY

• If the thing subject to be delivered in the obligation cannot be divided or delivered partially. (e.g. a whole book)

• If the thing is divided and can lower its quality and/or price or be legally physically incapable of being divided, it is still indivisible.

Unless, the prestation asks for the thing to be delivered otherwise despite knowing the consequences of the decision thereof. 

Kinds of Division

1. Qualitative Division - is based on the quality of the thing in the obligation

2. Quantitative Division - Is based on the quantity of the thing in the obligation

3. Ideal or Intellectual Division - is based on the idea or imaginative picture of the parties concerned.

Kinds of indivisibility

1. Legal Indivisibility - when a provision of the law states the indivisibility of the thing in the obligation, even with the question of the divisibility of the object.

2. Conventional Indivisibility - When the parties agreed to the indivisibility of the thing, even if the object is divisible. (e.g. slices of cake)

1. Natural Indivisibility - When it is of the nature of the thing in the obligation that makes it indivisible (e.g. car, book)

JOINT INDIVISIBLE OBLIGATION – the object is indivisible but the liability of the parties is joint

• The unfulfilled undertaking (duty) is converted into a monetary obligation which is not divisible.  

• The debtor deemed guilty is liable for the damages

Obligations Deemed Indivisible

1. Obligations to give definite things

> The obligation is indivisible because of the nature of the thing. 

(e.g. particular car, book, laptop)

2. Obligations which are not susceptible of partial performance

> The obligation is indivisible because all the parts must be performed for its purpose( e.g. singing Happy Birthday)

Case:

X and his family went out to eat at a restaurant because it is his birthday. The waiter overheard the said event, so as by the rule of the restaurant, the employees are obligated to sing the person celebrating his birthday a “Happy Birthday” song and give them a freebie slice of cake. In this case, the employees should sing the Happy Birthday song until the end in one go because it is its purpose to be sung whole and not by parts for different times of the celebrant’s stay. 

3. Obligations provided by the law to be indivisible even if thing or service is physically divisible

> The law provides and deems it to be indivisible even with the question of possibility of dividing ( e.g. paying tax fully, even when the cash is physically divisible)

4. Obligations intended by the parties to be indivisible even if thing or service is physically divisible

> Through the intention of the parties purposely intending the divisible thing to be delivered indivisible. ( e.g. paying the whole amount in one go)