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. (1151a)Obligations that are deemed indivisiblea)Obligation to give definite things (e.g. to give this car or house)b)Obligations which are not susceptible of partial performance (e.g. to render a tinkling dance presentation, to host a birthday party).Obligations that are deemed divisible(a)When the object of the obligation is the execution of a certain number of days of work.Example:Ms. D is hired by Mr. C to do some encoding job for 30 days(b)when the object of the obligation is the accomplishment of work by metrical unitsExample: Dis hired by Cto construct a pig pen 3 meters wide and 3 meters’ long
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(c)when the object of the obligation is the accomplishment of work susceptible of partial performanceExample: when the debtor has obliged himself to pay his P10,000.00 debt in ten (10) equal monthly instalments.SECTION 6. – Obligations with a Penal ClauseArt. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. (1152a)Art. 1227. The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, unless this right has been clearly granted him. However, if after the creditor has decided to require the fulfillment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced. (1153a)Art. 1228. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. (n)Art. 1229. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable. (1154a)
Art. 1230. The nullity of the penal clause does not carry with it that of the principal obligation.The nullity of the principal obligation carries with it that of the penal clause. (1155)
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