2.

1309: Made or left to a 3rd person

C. Alternative Obligation

When is the election of the object of the obligation on

1199: A person alternatively bond by different

an alternative obligation operative?

prestations shall completely perform one of them

1201: the choice shall produce no effect except

-Must be complete (1233)

from the time it has been communicated.

-Cannot pay half- must be full

1. The choice DOES NOT REQUIRE CONSENT.

-communicated only!

Obligations with several objects:

2. Once choice is made, it is irrevocable

Multiple obligation, classified into:

3. Obligation becomes a simple obligation

1. Conjunctive when all of the objects or

prestation are demandable at the same time
Can a debtor change his mind?
2. Alternative several objects, but it may be
complied with the delivery or performance of only one
(1) of them.

-YES, provided that the choice is not yet

communicated, the obligation remains alternative. But
once the communication becomes effective, alternative
obligations becomes a SIMPLE OBLIGATION.

Concentrating process in alternative obligation

in choosing an object of obligation
Special Instances/rules:
3. Facultative only one object is due, but it
may be complied by the delivery of another object or
performance of another prestations by substitution.
(1206)

1.1205: 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.

2. Delay in MAKING A CHOICE:

Debtor may be compelled by the court to

GR: Debtor has the right to choose. 1200(1)

choose:
-1200(1)- expressly granted to the
creditor through the courts.

XPT:

-This is a circumstance where JUSTICE

1.Expressly granted to the creditor

AND EQUITY may justify the grant to the

REVIEWER OBLIGATIONS AND CONTRACT NOTES AND DISCUSSION BY

debtor of a period in which to make his choice

before the creditor is allowed to choose.

1204: through the fault of the debtor, all are

lost or the compliance of the obligation has become
impossible
-creditor right to indemnity for damages

3. Loss or impracticability
1202: choose from what remains.
XPT: Generic Things

*Memorize Art. 1205. When the choice has been

expressly given to the creditor, the obligation shall cease

1203: If through the creditor's acts the debtor

to be alternative from the day when the selection has

cannot make a choice according to the terms of the

been communicated to the debtor.

obligation, the latter may rescind the contract with

damages.
Basis of value:

Until then the responsibility of the debtor shall be

governed by the following rules:
1204(2) last to be lost
(1) If one of the things is lost through a fortuitous event,
he shall perform the obligation by delivering that which
the creditor should choose from among the remainder, or

After the choice has been made:

that which remains if only one subsists;

1263: in an obligation to deliver a generic

(2) If the loss of one of the things occurs through the

thing. The loss or destruction of anything of the same

fault of the debtor, the creditor may claim any of those

kind does not extinguish the obligation.

subsisting, or the price of that which, through the fault

of the former, has disappeared, with a right to

Effect of loss of a generic thing

damages;

It then becomes simple obligation

(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.

FACULTATIVE:
*Note: fortuitous event does not extinguish the liability
of the debtor on obligations to deliver a generic thing.

Before choice is made:

REVIEWER OBLIGATIONS AND CONTRACT NOTES AND DISCUSSION BY

-Cannot be compelled against the will of the

Facultative: 1206: when only one (1) prestation has

been agreed upon, but the obligor may render another
in substitution.

debtor
-Substitution cannot be refused by the creditor.
Once the substitution has been made, the obligor is

Substitution always rest exclusively at the debtors

liable for the loss of the substitute on account of his

option.

delay, negligence or fraud. (1206)

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