SECTION 3.
Alternative Obligations
Norilyn M. Cayanan
BSBA MKTG 2-1
ARTICLE 1199.
A person alternatively bound by different
prestations shall completely perform one
of them.
ARTICLE 1199.
The creditor cannot be compelled to
receive part of one and part of the other
undertaking.
Kinds of obligation (object)
1. Simple obligation – there is only one prestation
2. Compound obligation – there are two or more prestations
• Conjuctive obligation- all of the prestations are due.
• Distributive obligation- out of two prestations, only one is
due.
ALTERNATIVE OBLIGATION
• An obligation where various prestations are
due, but the performance of one is
sufficiently determined by choice which
belongs to the debtor.
EXAMPLE
Juan promised Maria that on her 18th birthday, he
would give her either bouquet of flowers, a luxury
bag, or a make-up kit.
ARTICLE 1200.
The right of choice belongs to the debtor,
unless it has been expressly granted to the
creditor.
ARTICLE 1200.
• Right of choice, as a rule, given to debtor. – The
right to choose the prestations belongs to the
debtor.
• Right of choice of debtor not absolute. – The
right of choice of the debtor is subject to
limitations.
EXAMPLE
Bryan is bound to give Ben a pack of shabu,
or a watch, or a brand new shirt.
ARTICLE 1201.
The choice shall produce no effect except
from the time it has been communicated.
EXAMPLE
Bryan informs Ben on July 30,2020 that he will
deliver to him on September 30, 2020 is the
brand new shirt.
ARTICLE 1202.
The debtor shall lose the right of choice
when among prestation whereby he is
alternatively bound, only one is
practicable.
EXAMPLE
John is obliged to give Eric a ring, necklace, or
bracelet, but the ring and necklace are lost due to
fortuitous event. John is only able to give Eric the
bracelet.
ARTICLE 1203.
If through the creditor’s acts the debtor
cannot make a choice according to the
terms of obligation, the latter may rescind
the contract with damages.
ARTICLE 1204.
The creditor shall have the 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 has been impossible.
EXAMPLE
John is obliged to give Eric a ring, necklace, or
bracelet, but all of the prestation are lost.
ARTICLE 1205.
When the choice has been expressly given
to the creditor, the obligation shall cease
to alternative from the day when the
selection has been communicated to the
debtor.
EXAMPLE
John is obliged to give Eric a ring, necklace, or
bracelet, but the ring is lost due fortuitous event.
Eric may claim any of those subsisting.
ARTICLE 1206.
When only one prestations has been
agreed upon, but the obligor may render
another in substitution, the obligation is
called facultative.
FACULTATIVE OBLIGATION
• where only one prestations has been agreed upon,
but the obligor may render another in substitution.
EXAMPLE
Mario obliged to give a watch to Carl with the
agreement that Mario may deliver a bracelet as a
substitute.