Section 3

Alternative Obligation
Art.1199.
A Person alternatively Bound By
Different Prestation Shall Completely
Perform One Of Them.
The Creditor Cannot Be Compelled To
Received Part Of One And Part Of The
Other Under-taking(1131).
 Kinds Of Obligations According To Objects
They are;

1. Simple Obligation- One where there is only one

prestation
Examples

1. D Obliged Himself to Deliver to C a piano

2. D Promised To Repair the Car
(2) Compound Obligation- One where they are two or more
prestation.

A. Conjunctive Obligation- One where there are several

prestations and all of them are due or

B. Distributive Obligation- One where two or more of the

prestation is due.It may be:

1. Alternative Obligation- One where several prestation are due

but the performance of one is sufficient (Art.1199) or

2. Facultative Obligation- One where only one Prestation is due

but the debtor may substitute another (Art.1206)
 Meaning Of Alternative Obligation
Is wherein various prestation are due but the
performance of one of them is sufficient as
determined by the choice which, as a general rule,
belongs to the debtor.(Manresa 176; Art.1200)
Art.1200
The right of choice belongs to the debtor, Unless it
has been expressly granted to the creditor.
The debtor shall have no right to choose those
Prestation which are impossible, Unlawful or which
could not have been the object of the
obligation.(1132)
 Right of Choice, as a rule given to Debtor
As a general rule, the right to choose the
Prestations belongs to the debtor.
By way of exception, it may be exercised by the
creditor but only when expressly granted to him
(Art,1205.) or by a third person when the right is
given to him by common agreement. (Art.1306)
 Right of choice of debtor not absolute
The right of choice of debtor is subject to limitations. Thus-

(1) The debtor cannot choose those prestations which are: (a)
impossible, (b) unlawful, or (c) which could not have been
the object of the obligation. This prestations are void. Their
presence do not invalidate the obligation if it includes other
undertakings otherwise free from such defects.
(2) The debtor has no more right of choice when among the
prestations whereby he is alternatively bound, only one is
practicable. (Art. 1202.)
 ART. 1201. The choice shall produce no effect except
from it has been communicated. (1133)
Communication of notice that choice has been made.
(1) Effect of notice.- Until the choice is made and
communicated, the obligation remains alternative.
(a) Once the notice of the election has been given to the
creditor, the obligation ceases to be alternative and
becomes simple.
(b) Such choice once properly made and communicated
is irrevocable and cannot, therefore, be changed by
either party without the consent of the other. The
concurrence of the creditor to the choice made by the
debtor is not required. see Art. 1200.)
(2) Proof and form of notice.- The burden of
proving that such communication has been made is
upon him who made the choice. The law does not
require any particular form regarding the giving of
notice. Aiat may, therefore, be made orally or in
writing, expressly or impliedly.
ART. 1202. The debtor shall lose the
right of choice when among the
prestations whereby he is alternatively
bound, only one is practicable. (1134)
Effect when only one prestation is practicable

If more than one is practicable, it is Article 1200

that will apply. The obligation is still alternative
because the debtor has still the right of choice.
ART.1203. If through the creditor’s acts, the
debtor cannot make a choice according to the
terms of the obligation, the latter may rescind
the contract with damages.

When debtor may rescind contract.

Rescission creates the obligation to return

the things which were to object of the contract
together with their fruits, and the price with its
interest. (Art. 1385, par.1)
ART. 1204. The creditor shall have a right to
indemnity for damages when, through the fault of
the debtor, all the things which are alternatively
the object of the obligation have been lost, or the
compliance of the obligation has become
impossible.
The indemnity shall be fixed taking as a basis
the value of the last thing which disappeared, or
that of the service which last became impossible.
 Effect of loss of objects of obligation
Article 1203 and 1204 apply when the right of choice belongs
to the debtor. Under Article 1205, the creditor has the right to
choose.

(1) Some of the objects.- If some of the objects of the

obligation have been lost or have become impossible even
through the fault of the debtor, the latter is not liable since
he has the right of choice and obligation can still be
performed.
(2) All of the subjects.- If all of them have been
lost or have become impossible through his fault, the
creditor shall have the right to indemnity for damages
since the obligation can no longer be complied with.
Of course, if the cause of the loss is fortuitous event,
the obligation is extinguished.
Basis of indemnity
The indemnity shall be fixed taking as a basis the
value of the last things which disappeared (referring
to obligations to give) or that of the service which last
became impossible (referring to obligation to do). In
case of disagreement, it is incumbent upon the
creditor to prove such value or which thing last
disappeared or which service last became
impossible.
ATR.1205. When the choice has been
expressly given to the creditor, the obligation
shall cease to be alternative from the day
when the selection has been communicated to
the debtor.
(1) If one of the thing is lost through a fortuitous event, he
shall perform the obligation by delivering that which the
creditor should choose from among the remainder, or that
which remains if only one subsists;

(2) If the loss of one of the things occurs through the fault of
the debtor, the creditor may claim any of those subsisting, or
the price of that which, through the fault of the former, has
disappeared, with a right to damages;

(3) If all the things are lost through the fault of the debtor, the
choice by the creditor shall fall upon the price of any one of
them, also with indemnity for damages.
 Rules in case of loss before creditor has made choice.

(1) When a thing is lost through a fortuitous

event.-
EXAMPLE:

S obliged himself to deliver to B item one, or item two, or

item three, or item four. If item one is lost through a
fortuitous event, B can choose from among the remainder
or that which remains if three(3) of the items are lost.
(2) When a thing is lost through debtor’s fault.-
EXAMPLE:

If the loss of item one occurs through the fault of S,

B may claim item two or item three or item four with
a right to manages or the price of item one also with
a right to damages.
(3) When all the things are lost through debtor’s
fault.-
EXAMPLE:

If all the items are lost through the fault of S, then

B can demand the payment of the price of any one
of them with a right to indemnity for damages.
(4) When all the things are lost through a
fortuitous event.-
EXAMPLE:

The obligation of S shall be extinguished if all the

items which are alternatively the object of the
obligation are lost through a fortuitous event. In this
case, Article 1174 shall apply.
 ART. 1206. When only one prestation has been
agreed upon, but the obligor may render another
in substitution, the obligor is called facultative.

The loss or deterioration of the thing intended

as substitute, through the negligence of the
obligor, does not render her liable. But once the
substitution has been made , the obligor is liable
for the loss of the substitution on account of his
delay, negligence or fraud.
Meaning of facultative obligation.

A facultative obligation is one where only one

prestation has been agreed upon but the obligor
may render another in substitution.
 Effect of loss.
(1) Before substitution.- If the principal thing is lost
through a fortuitous event, the obligation is extinguished;
otherwise, the debtor is liable for damages.

Example: S will give B item one or if S wants, item two.

(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 substitution is lost, the liability of the debtor depend
upon whether or not the loss is due to his fault.
 Alternative and facultative obligations distinguished.

The difference are as follows:

(1) Number of prestations.- In the first several prestations are due but
compliance with one is sufficient, while in the second, only one (1) prestation is due
although the debtor is allowed to substitute it.
(2) Right of choice.- In the first, the right of choice may be given to the
creditor or third person, while in the second, the right to make the substitution is
given only to the debtor.
(3) Loss through a fortuitous event.- In the first the loss of one or more
of the alternatives through a fortuitous event does not extinguished the obligation,
while in the loss of the thing due extinguished the obligation
(4) Loss through fault of debtor.-