Article 1223: Effect of Indivisibility

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.

 

What does the Article mean?

 

Obligations may be divisible or indivisible. The fact that the object of the obligation where there is only one debtor and only one creditor is divisible or indivisible does not in any way change the nature and effect of such obligation as provided by Articles 1164 to 1178 of the Civil Code.

What are divisible and indivisible obligations?

 

We say that an obligation is divisible if the person obliged to perform it can do so partially. Therefore, an obligation to deliver five (5) kilograms of rice is a divisible obligation in that the person obliged to deliver the same can do so kilo by kilo.

On the other hand, we say that an obligation is indivisible if the person obliged to perform it can do so only totally or completely, not partially. Therefore, an obligation to deliver a certain unit of laptop is an indivisible obligation because one is simply not expected to deliver the laptop unit by pieces or by parts.

 

What is the difference between solidarity and indivisibility?

 

It must be noted, at this point, that indivisibility is different from solidarity. Solidarity refers to the connection or link between the parties (one of debtors may be completed by the creditor to render the full obligation without prejudice to that debtors right to reimburse); whereas, indivisibility refers to the nature of the obligation. Solidarity presupposes at least two debtors or creditors because there can be not solidary debt if there is only one debtor; whereas, indivisibility may exist even if there are only one debtor and only one creditor since what is indivisible is the obligation or the object thereof, not the ones to perform the same. Finally, the responsibility or liability of one is the same for others when it comes to solidarity; whereas, when it comes to indivisibility, one debtor may release himself from the indivisible obligation in case of fault by the other debtor by converting his share in said obligation into monetary indemnity.

 

How is indivisibility established?

 

Indivisibility is established by the common agreement of the parties, by the nature of the object of the obligation and by law. Annotators call these kinds of indivisibility conventional, natural or absolute and legal indivisibility.

 

A and B agreed that the obligation shall be considered indivisible. This is conventional indivisibility.

A and B did not agree that the obligation shall be considered indivisible but by the very nature of the object of the obligation, it cannot be performed partially. It can only be performed totally or completely. This natural or absolute indivisibility.

 

And B did not agree that the obligation shall be considered indivisible. In addition to this, the very nature of the object of the obligation does not establish its indivisibility. However, the law specifically provides that the thing to be done shall be considered indivisible. This is legal indivisibility.

 

How can objects of the obligation be divided?

Objects of obligations can be divided quantitatively (by counting them), qualitatively (by considering their equivalence) and intellectually or morally (by making the division exist only in the mind). It is, therefore, fitting that annotators such as Paras term these divisions as: quantitative division, qualitative division and intellectual or moral division.