f. Divisible and Indivisible

Effect if the buyer chooses to continue with the sale of the remaining goods

The remaining goods shall pass in ownership to the buyer but subject to proportionate reduction of the price. If the thing was partly lost at the time of sale, the buyer may withdraw from the contract or demand the remaining part, paying its price in proportion to the agreed total price (Civil Code, Art. 1494).

JOINT (INDIVISIBLE) OBLIGATIONS

If there are 2 or more debtors, the fulfillment of or compliance with the obligation requires the concurrence of all the debtors, although each for his own share. (CIVIL CODE, art. 1209) The obligation can be enforced only by proceeding against all of the debtors.

If there are 2 or more creditors, the concurrence or collective act of all the creditors, although each for his own share, is also necessary for the enforcement of the obligation (CIVIL CODE, art. 1209)

The joint venture agreement cannot bind or prejudice Philippine Geoanalytics, which was not a party to it, and therefore cannot defeat its claim against the defendants. (Marsman Drysdale Land, Inc. v. Philippine Geoanalytics, Inc. and Gotesco Properties, Inc., G.R. No. 183374, June 29, 2010)

Exceptions:

• When the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee CIVIL CODE, art. 1234);
• When the obligee accepts performance knowing its incompleteness or irregularity and without expressing any protest or objection, the obligation is deemed fully complied with. (CIVIL CODE, art. 1235);
• In cases involving divisible obligations capable of partial performance.

Divisible obligations

An obligation that is capable of partial performance.

• Execution of certain number of days’ work
• Expressed by metrical units
• Nature of obligation – susceptible of partial fulfillment

Indivisible Obligations

One not capable of partial performance. Examples:

• To give definite things
• Not susceptible of partial performance
• Provided by law
• Intention of parties

NOTES:

• Divisibility or indivisibility of the obligation refers to the performance of the prestation and not to the thing which is the object thereof.
• The intention of parties should be taken into account to determine whether obligation is divisible or not