Article 1225. For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible.
When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible.
However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.
In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case.
Artikulo 1225. Para sa mga susunod na artikulo, ang obligasyon na magbigay ng natatanging mga bagay at para sa mga gawaing hindi maaaring magawa nang pahapyaw ay inaakalang hindi na mahahati.
Kung ang pagtupad ng obligasyon ay sumasaklaw sa arawan o ang pagganap nito ay masusukat, o di kaya ito mga bagay na analogo na maaaring magawa nang pahapyaw, ito ay mahahati.
Ngunit kahit ang isang bagay o serbisyo ay pwedeng mahati nang pisikal, ang obligasyon ay mananatiling buo kung ito ay nakasaad sa batas o di kaya ay intensyong maging buo ng baway partido.
Para sa mga obligasyong hindi paggawa, and pagigin buo o di buo nito ay itatakda ng karakter ng prestation ng bawat kaso.
First Paragraph: OBLIGATIONS DEEMED INDIVISIBLE
(1) Obligations to give definite things and those which are not susceptible of partial performance (par. 1.)
ILLUSTRATION
Bryan obliged himself to deliver a BMW car to Anne. Since the car is not physically divisible, even if Bryan and Anne agree to make the obligation divisible, the same would result in absurd situation. Imagine if Bryan would deliver half of the car today and the other half the week after.
Second Paragraph: OBLIGATIONS DEEMED DIVISIBLE
(1) Obligations which have for their object the execution of a certain number of days of work (par. 2.).
ILLUSTRATION
The obligation of Pedro to paint the house of Nene, the painting to be finished in 10 days. Here, the obligation need not be fulfilled at one time.
(2) Obligations which have for their object the accomplishment of work by metrical units (par. 2.).
EXAMPLE:
The obligation of Tristan to make a table, 3 feet wide and 5 feet long.
(3) Obligations which by their nature are susceptible of partial performance (par. 2.).
EXAMPLE:
The obligation of Janine to pay a debt of P12,000.00 to Marvin in 12 monthly installments of P1,000.00.
Third Paragraph: PRESTATION IS DIVISIBLE BY ITS NATURE, THE PARTY AGREE ON THE OBLIGATIONS INDIVISIBLITY
EXAMPLE:
Anne obliged himself to deliver 100 copies of Obligations and Contracts books to Janine. In this case, the obligation is divisible by its very nature because Anne may make a staggered delivery of the books to Janine, e.g., 25 copies every week for four weeks. Anne and Janine, however, can stipulate and agree that the obligation will become indivisible. Thus, Anne may be obliged to deliver the entire 100 copies at one time only on a particular date agreed upon by the parties.
Fourth Paragraph: DIVISIBILITY OR INDIVISIBILITY IN OBLIGATIONS NOT TO DO
In negative obligations not to do, the character of the prestation in each particular case shall determine their divisibility or indivisibility.
EXAMPLES:
(1) Indivisible obligation. —Bryan obliged himself to Anne not to sell cigarettes in her store for one year. Here, the obligation should be fulfilled continuously during a certain period.
(2) Divisible obligation. — If the obligation of Anne is not to sell cigarettes in her stores only during Sundays and holidays, the obligation is divisible because the forbearance is not continuous.
Obligations “to do” and “not to do” are generally indivisible.
Obligations “to do” stated in paragraph 2 of Article 1225 are divisible.
OBLIGATIONS AND CONTRACTS 