- Even if without express mentioned
SECTION 3. — kung sinong mamimili, si debtor ang
Alternative Obligations default
By way of exception, it may be
exercised by the creditor but only
ART. 1199. A person alternatively bound
when expressly granted to him (Art.
by different prestations shall completely
1205.), or by a third person when the
perform one of them.
right is given to him by common
The creditor cannot be compelled
agreement. (Art. 1306.)
to receive part of one and part of the
- If there is an express
other undertaking. (1131)
agreement na si creditor ang
may right to choose, edi si
creditor or ung 3rd person,
Kinds of obligation according to object
kapag both the creditor and
debtor consented or agreed
Simple Obligation
● There is only one prestation
Right of choice of debtor not absolute.
● Isang prestation lang
The right of choice of the debtor is
Compound Obligation
subject to limitations. Thus —
● Where there are two or more
prestations
(1) The debtor cannot choose those
prestations which are: (a) impossible, (b)
(a) Conjunctive Obligation
unlawful, or (c) which could not have
- Where there are several
been the object of the obligation. These
prestations and all of them
prestations are void. Their presence do not
are due
invalidate the obligation if it includes other
- Lahat ay due
undertakings otherwise free from such
defects. In other words, under Article 1200,
(b) Distributive Obligation
the debtor’s right of choice is not
- One or two or more
extinguished altogether but limited to the
prestations are due
remaining valid prestations.
- Alternative and Facultative
● Kung may several prestations ka tas
ilan dun sa several prestations na un
1. Alternative obligation
ay impossible such when they are
● is one where several
illegal or unlawful, ung obligation
prestations are due but the
itself is NOT VOID, ONLY THE
performance of one of them
PRESTATION IS VOID, the debtor
is sufficient
has no right to choose which is
● General rule: the choice
unlawful or impossible prestation
belongs to the debtor
(2) The debtor has no more right of choice,
when among the prestations whereby he is
ART. 1200. The right of choice belongs to
alternatively bound, only one is practicable.
the debtor, unless it has been expressly
(Art. 1202.) In this case, there is not only a
granted to the creditor.
limitation but a loss of the right of choice
The debtor shall have no right to
belonging to the debtor. The obligation
choose those prestations which are
becomes simple.
impossible, unlawful or which could not
● There is not only a limitation but a
have been the object of the obligation.
loss of the right, no choice= the
(1132)
obligation becomes simple na, u
have to comply ano nalang ung
GENERAL RULE: The right to choose the
natira
prestation belongs to the debtor.
The right does not pass to the choice. The law does not require any
creditor, nor may it be exercised by any one. particular form regarding the giving of
notice. It may, therefore, be made orally or
(3) The debtor cannot choose part of one in writing, expressly or impliedly.
prestation and part of another prestation.
(see Art. 1199, par. 2.)
● Bawal ang partial performance dapat
complete ang performance ART. 1202. The debtor shall lose the right
of choice when among the prestations
ART. 1201. The choice shall produce no whereby he is alternatively bound, only
effect except from the time it has been one is practicable. (1134)
communicated. (1133)
● Importante dito ung communication Effect when only one prestation is
of notice that the choice has been practicable.
made If more than one is practicable, it is Article
1200 that will apply. The obligation is still
alternative because the debtor still retains
Communication of notice that choice has the right of choice
been made. ● Kasi nga alternative obli un marami
(1) Effect of notice. — Until the choice is kng choice
made and communicated, the obligation
remains alternative. Under Article 1202, if only one is practicable
● Ung alternative becomes simple kasi (e.g., the others have become impossible),
kapag may na elect= the obligation is converted into a simple
nakapagchoose tapos one.
naicommunicate ● Simple one= immediately
demandable or demandable at once
(a) Once the notice of the election has been
given to the creditor, the obligation ceases
to be alternative and becomes simple.
ART. 1203. If through the creditor’s acts
b) Such choice once properly made and the debtor cannot make a choice
communicated is irrevocable and cannot, according to the terms of the obligation,
therefore, be renounced. The concurrence the latter may rescind the contract with
of the creditor to the choice is not required. damages. (n)
(see Art. 1200.) ● Si debtor hindi siya makagawa ng
- Once na na-express na ni debtor choice dahil fault ni creditor acts
ung choice and has been pwede niya irescind or icancel with
communicated, irrevocable na, tsaka damages
hindi na required ung consent ng
creditor
When debtor may rescind contract.
(c) Where the choice has been expressly
given to the creditor, such choice shall Rescission creates the obligation to
likewise produce legal effects upon being return the things which were the object of
communicated to the debtor. (Art. 1205, par. the contract together with their fruits, and
1.) the price with its interest. (Art. 1385, par. 1.)
● Same lang, either parties, Kailangan
communicated ung choice or give It is the very nature of an alternative
notice obligation that the debtor can make his
choice without the consent of the creditor.
(2) Proof and form of notice. — The Hence, the right given the debtor to rescind
burden of proving that such communication the contract and recover damages if,
has been made is upon him who made the through the creditor’s fault, he cannot make
a choice according to the terms of the fortuitous event, the obligation is
obligation. The debtor, however, is not extinguished.
bound to rescind. ● Fault of debtor= liability to the
● Hindi naman sinasabi na debtor damages
shall rescind, the debtor is only ● Thru fortuitous event= follow the
given an option to rescind= kung general rule, obligation is
gusto lang niya with damages extinguished
● MAY= ung ginamit na term, hindi
naman mandatory, option lang Basis of indemnity.
The indemnity shall be fixed taking
as a basis the value of the last thing
which disappeared (referring to
ART. 1204. The creditor shall have a right obligations to give) or that of the service
to indemnity for damages when, through which last became impossible (referring
the fault of the debtor, all the things to obligations to do). In case of
which are alternatively the object of the disagreement, it is incumbent upon the
obligation have been lost, or the creditor to prove such value, or which thing
compliance of the obligation has become last disappeared or which service last
impossible. became impossible.
The indemnity shall be fixed Other damages may also be
taking as a basis the value of the last awarded. (Art. 1204, pars. 2 and 3.)
thing which disappeared, or that of the ● Kung nawala ung all, u will ascertain
service which last became impossible. what is last thing
Damages other than the value of ● In case of disagreement, the creditor
the last thing or service may also be will prove the value of the last thing
awarded. (1135a) that disappeared na nagging basis
niya for indemnity, kung ano ung
Effect of loss or becoming impossible of huling nawala un ung basis ng
objects of obligation. indemnity
● Ang magmamatter lang ay ang kung
Articles 1203 and 1204 apply when the right ano ung last item na nawala at
of choice belongs to the debtor. paano ito nawala(fault ba? Edi
liable)
Under Article 1205, the creditor has the right
to choose.
(1) Some of the objects. —— If some of ART. 1205. When the choice has been
the objects of the obligation have been lost expressly given to the creditor, the
or have become impossible even through obligation shall cease to be alternative
the fault of the debtor, the latter is not liable from the day when the selection has
since he has the right of choice and the been communicated to the debtor.
obligation can still be performed. This is an Until then the responsibility of the
exception to the general rule established in debtor shall be governed by the
Article 1170 regarding liability for following rules:
damages arising from negligence. (1) If one of the things is lost
● Hindi liable to damages, the debtor through a fortuitous event, he shall
has right to choose perform the obligation by delivering that
which the creditor should choose from
(2) All of the objects. — If all of them have among the remainder, or that which
been lost or have become impossible remains if only one subsists;
through the debtor’s fault, the creditor shall (2) If the loss of one of the things
have a right to indemnity for damages since occurs through the fault of the debtor,
the obligation can no longer be complied the creditor may claim any of those
with. Of course, if the cause of the loss is a subsisting, or the price of that which,
through the fault of the former, has ● Pwedeng mamili si creditor kung ano
disappeared, with a right to damages; ung gusto niyang pabayaran +
(3) If all the things are lost damages
through the fault of the debtor, the
choice by the creditor shall fall upon the (4) When all the things are lost through a
price of any one of them, also with fortuitous event. —
indemnity for damages. ● obligation shall be extinguished if all
The same rules shall be applied to the items which are alternatively the
obligations to do or not to do in case object of the obligation are lost
one, some or all of the prestations through a fortuitous event
should become impossible. (1136a) ● Article 1174 shall apply
● Creditor has the right of choice
under article 1205 Rules applicable to personal obligations
● Eto ung rules before the creditor The above rules are also applicable to
made choice personal obligations. (par. 2.) The
● Si creditor is expressly granted by responsibility of the debtor for damages
the debtor ng right of choice depends upon whether the cause which has
● The loss occur before the creditor rendered the obligation impossible was due
had made his choice to his fault or not.
● Kapag nawala prior to the ● Whether the impossibility is
communication of the choice ni due to the debtor or not
creditor, these are the rules
ART. 1206. When only one prestation has
been agreed upon, but the obligor may
Rules in case of loss before creditor has render another in substitution, the
made choice. obligation is called facultative.
The loss or deterioration of the
(1) When a thing is lost through a thing intended as a substitute, through
fortuitous event. — the negligence of the obligor, does not
● Kung nawala ung isang items thru render him liable. But once the
furtutious event, mamimili ung substitution has been made, the obligor
creditor dun sa mga item na natira is liable for the loss of the substitute on
● And kung isa nalang yung natira and account of his delay, negligence or
lahat ay nawala thru furturious event fraud. (n)
edi yung isang un
Facultative obligation
(2) When a thing is lost through debtor’s ● is one where only one prestation has
fault. — been agreed upon but the obligor
● Mamimili pa rin si creditor sa mga may render another in substitution.
item na un ● Isang prestation pero merong
● Kung nawala ung napili edi payment substitute na pwedeng irender
of value wd damages ● Alin ba jan ung due demandable,
● Kung naman ung item na hindi ung substitute or ung orig na
nwala + damages pa rin obligation
● Need icommunicate ung kung ano
(3) When all the things are lost through ung substitute
debtor’s fault. —
● can demand the payment of the
price of any one of them with a right Effect of loss.
to indemnity for damages. (1) Before substitution. —
If the principal thing is lost
through a fortuitous event, the obligation
is extinguished; otherwise, the debtor is Alternative and facultative obligations
liable for damages. The loss of the thing distinguished.
intended as a substitute with or without the
fault of the debtor does not render him
liable. ALTERNATIVE FACULTATIVE
The reason is that the thing intended
as a substitute is not due. The effect of the Number Several Only one
loss is merely to extinguish the facultative Of prestations prestation is
character of the obligation. prestation are due but due although
● Due to furtuitious event: compliance the debtor
wd one is may substitute
OBLIGATION EXTINGUISHED
sufficient it
● Due to fault of debtor: LIABLE for
damages
● Item 2( substitute) - nawala, not
liable kasi hindi pa naman na
cocommunicate na ung item 2 ung
gusto, hangga’t hindi pa Right of The right of Right to
choice choice may substitution,Gi
nacocommunicate ang due pa rin ay
be given to ven only to
ung principal thing creditor or the the debtor
3rd person
(2) After substitution. —
If the principal thing is lost, the
debtor is not liable whatever may be the
cause of the loss, because it is no longer
due. If the substitute is lost, the liability of
the debtor depends upon whether or not the
Loss Loss of one Loss of the
loss is due through his fault. through or more thing due
● nacommunicate na na ung idedeliver fortuitous alternatives extinguished
is substitute so wala na taung pake event. does not the obligation
kay principal thing extinguish the
Once the substitution is made, the obligation
obligation is converted into a simple one
to deliver or perform the substituted
thing or prestation. The substitution
becomes effective from the time it has Loss (1)In the first, (1)the loss of
been communicated. (Art. 1201.) through the loss of the thing due
● May effect tlaga ung fault of one of the through his
pagcommunicate ng substitute kasi debtor. alternatives fault makes
through the him liable
kapag nasabi mo na ung substitute
fault of the
ung dedeliver then it becomes debtor does
simple obligation= magiging due is not render
substitute him liable
Ex.
Based on the preceding example: (2)where the (2)the loss of
(a) If item one is lost with or without choice the substitute
belongs to before the
the fault of debtor, debtor is not liable for its
the creditor, substitution
loss since his obligation is to deliver item the loss of through the
two. one fault of the
(b) If item two is lost through alternative debtor does
fortuitous event, the obligation of debtor is through the not render him
extinguished. fault of the liable (Kac
(c) If item two is lost through the fault debtor gives nga d due un)
rise to liability
of debtor, debtor is liable for damages.
Nullity of (1)the nullity (1) the nullity
prestation. of a of the
prestation prestation
does not agreed upon
invalidate the invalidates the
others obligation;
(2)the debtor (2)the debtor
or creditor is not bound
shall choose to choose the
from among substitute
the remainder -wala ng
-Hindi ibig substiture na
sabihin na pag-uusapan
ung item 1 kac to begin
invalid, invalid wd the
na lahat ng principal thing
items. The na cover ng
debtor/credito orig obli is
r shall choose void
-therefore, null
and void na
ung obligation
