Joint divisible obligations
Aricle 1208 of the Civil Code discusses the concept of joint divisible obligations, to wit:
The preceding article governs the equal sharing of creditors and debtors in the credit or debt in the absence of any stipulation or law to the contrary.[1] If the law or contract is silent as to how the credit or debt will be divided in a joint obligation, the same shall be divided equally to the creditors or debtors.
ART. 1208. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. (1138a)
The preceding article governs the equal sharing of creditors and debtors in the credit or debt in the absence of any stipulation or law to the contrary.[1] If the law or contract is silent as to how the credit or debt will be divided in a joint obligation, the same shall be divided equally to the creditors or debtors. Furthermore, a joint divisible obligation is one where a concurrence of several creditors, or of several debtors, or of several creditors and debtors, by virtue of which, each of the creditors has a right to demand, and each of the debtors is bound to render compliance with his proportionate part of the prestation which constitute the object of the obligation. The prestation here is divisible e.g. money.
What happens in case of breach in joint divisible obligation?
In case of breach of obligation by one of the debtors, damages due must be borne alone by the debtor who caused breach.
[1] Rabuya. (2019). Obligations and Contracts.
