Divisible obligations
Article 1223 of the Civil Code refers to divisibility or indivisibility of prestation, to wit:
A divisible obligation is one the object of which, in its delivery or
performance, is capable of partial fulfillment. For example, A agreed to pay B Php4,000 in two equal monthly installments for his debt. Here, the obligation of A is divisible because it is capable of partial performance.
ART. 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)
A divisible obligation is one the object of which, in its delivery or
performance, is capable of partial fulfillment. For example, A agreed to pay B Php4,000 in two equal monthly installments for his debt. Here, the obligation of A is divisible because it is capable of partial performance.There are three kinds of division[1]: a) Qualitative or one that is based on quality, e.g. A and B agreed to divide their inheritance where A gets the house and lot, and B gets a car and Php1,000,000; b) Quantitative or one that is based on quantity, e.g. A and B agreed to divide 2 parcels of land which are inherited from their parents. Each got a parcel of land; and c) Ideal or intellectual division or one which exists only in the minds of the parties, e.g. C and D are co-owners of a house. They cannot divide the house physically but their one-half shares in the house are only separated mentally.
[1] De Leon. (2014). Obligations and Contracts.
