MIDTERMS LAW

ALTERNATIVE & FACULTATIVE OBLIGATIONS
Two Types of Distributive Obligation
Solidary and Joint – marami ang party: creditors and
debtors

Alternative

-
-
ang marami is prestation (feudal law : a rent,
tax, or due paid in kind or in services (as in
return for the lord's warrant or authority for
taking wood) 2 civil law : a performance of
something due upon an obligation.)
Maraming pwedeng gawin, lahat pwedeng
gawin
“Kanino ang choice” General rule: DEBTOR
pero pwedeng ibigay kay Creditor or the Third
Person
Facultative
-
pwedeng magkaroon ng substitute yung dapat
gawin
Alternative Obligation is one wherein various
prestations 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.

Maraming prestations pero pag ginawa /
nafulfill ang isa sa mga prestations,
maeextinguish na ang obligation
The debtor shall have no right to choose those
prestations which are impossible, unlawful or which
could not have been the object of the obligation.

-
-
Two Types of Compound Obligation

Conjunctive (maraming
kailangan mafulfill lahat)
prestattion
and
Since maraming obligations, di malalaman ni
creditor kung ano yung ibibigay sakanya. Alam
nya if ano yung pwedeng irerender/deliver pero
di niya alam exactly kung saan doon.
What’s important here is need icommunicate
Example: cake, cookies, flowers, chocolate
NO NEED approval of creditor if the choice is in
favor of debtor
The choice once properly made and communicated is
irrevocable and cannot, therefore, be changed by
either party without the consent of the other.
-
Simple – isa lang ang gagawin
Compound - marami
Ang pagpipilian na presentation ay yung legal
lang
The choice shall produce no effect except from the time
it has been communicated.
-
2 Types of Obligation as To number of Prestation
Alternative (maraming prestation, pero
pwedeng isa lang ang gagawin to fulfill the
whole obligation)
Facultative (isa lang ang prestation, pero
pwede magsubstitute)
ALTERNATIVE OBLIGATION
-


Distributive (several lang ang prestation):
-
Need consent, if nacommunicate na ang cake
(from debtor) bawal na palitan w/o the consent
of creditor
If may approval ang creditor na okay lang
sakanya yung cake, di need ng debtor ang
consent
If in favor of debtor na palitan, need consent
from the creditor
As to the original choice: debtor
The concurrence of the creditor to the choice made by
the debtor is not required.
-
The original choice among the prestations
should be upon the debtor’s will only. The
consent of the creditor is only required when
there is a change about the choice of
prestation.
The debtor shall lose the right of choice when among
the prestations whereby he is alternatively bound, only
one is practicable.
-
-
Many cases in which magiging isa nalang ang
obligation
Ex. Bibigyan ni debtor si creditor ng aso, pato,
at manok pero namatay ang aso at pato,
therefore manok nalang ang kayang ideliver ni
debtor.
Or if biglang nagging illegal ang pagbigay ng
pato or manok bc of a disease; aso nalang ang
pwedeng ideliver = PRACTICABLE
If through the creditor’s acts the debtor cannot make
a choice according to the terms of the obligation, the
latter (debtor) may rescind the contract with
damages.
-
-
Debtor: cake, cookies, or dog – cookies and
cake maluto through oven pero sinira ni creditor
ang oven, di na pwedeng gawin ang cake and
cookies bc of the action ni creditor
Pwede pa ring ideliver ang aso pero may choice
si debtor na icancel/rescind the contract dahil
sa actions ni creditor
-
If lahat nawala bc of debtor’s action, pwede na
magsue si creditor
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.
-
Debtor has the choice: deliver aso, pato, manok
Ex. Napatay ni debtor ang aso, so may choice
to deliver: manok or pato
Ex. Napatay ang pato; manok nalang ang
pwedeng ideliver = SIMPLE
Ex. Napatay din ang manok, assumption =
VALUE NG MANOK (kasi ito na ang last na
need ideliver)
Damages other than the value of the last thing or
service may also be awarded.
-
Dapat main/ principal obligation for damages =
basis will be the chicken
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.
-
-
Similar sa debtor na kapag nacommunicate na
ang gusting ibigay = SIMPLE OBLIGATION
Ex. Creditor’s choice: obligation ni debtor is to
deliver manok, pato, aso; need icommunicate ni
creditor kay debtor ano ang ideliver
Ex. Pinili ni creditor manok lang, debtor’s
obligation is to deliver the chicken only = will
become a SIMPLE OBLIGATION
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.
Until then the responsibility of the debtor shall be
governed by the following rules:
Debtor: at fault if lahat mawala
Ex. Aso, kabayo, manok ; kahit isa lang ang
nadeliver ni debtor, maextinguish na ang
obligation
Ex. Namatay ang aso bc kasalanan ni debtor,
wala pang right ang creditor to ask for damages
kasi may kabayo and manok pa. After all debtor
has the choice.
Ex. Pati ang kabayo napatay ni debtor, may
manok pa; di pa rin liable for damages
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 that which remains if only one
subsists;
- Assumption: wala pang binigay na choice si
creditor
- Ex. Debtor: deliver manok, pato, aso then
biglang nawala ang aso kasi nakidlatan
(fortuitous event); manok and pato nalang ang
choice ng creditor
-
-
-
-
Responsibility of the debtor (if the choice is
nasa kay creditor)
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;
- If kasalanan ng debtor: choices and damages
(value ng nawala) ang pwedeng kunin ni
creditor
- Pwedeng piliin ng creditor yung nawala if the
debtor is at fault
- The choice is na kay CREDITOR
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.
- Ex. Napatay ang aso, pato, and manok bc of
debtor; damages nalang ang pwedeng kunin ni
creditor (any of those kung saan yung basis)
 If within the debtor’s choice: the basis of
damages is the last thing na nawala
 If within the creditor’s choice: the basis of
damages is any of those na nawala
The same rules shall be applied to obligations to do or
not to do in case one, some or all of the prestations
should become impossible.
FACULTATIVE OBLIGATION
When only one prestation has been agreed upon, but
the obligor may render another in substitution, the
obligation is called facultative.
-
Isa lang ang prestation; magdeliver si debtor ng
manok pero pwede magsubstitute
The loss or deterioration of the thing intended as a
substitute, through the negligence of the obligor, does
not render him liable. But once the substitution has
been made, the obligor is liable for the loss of the
substitute on the account of his delay, negligence or
fraud.
-
If substitute ang nawala (since substitute pa rin
sya) walang mangyayari sa obligation
Ex. Debtor: deliver ang aso pero pwede ang
substitute to deliver a duck; if wala pang
communication/substitution: the obligation of
the debtor is to deliver the dog but once
substitution is made sa pagcommunicate; the
obligation is to deliver the duck (simple
obligation)
DIFFERENCE
FACULTATIVE
OF
ALTERNATIVE
FROM
ALTERNATIVE:
1. several prestation are due but compliance with one is
sufficient
2. the right of choice maybe given to the creditor or third
party
3. the loss of one or more of the alternative through a
fortuitous event does not extinguish the obligation
- does not extinguish kasi may other prestation
pa
4. the loss of one of the alternative through the fault of
debtor does not render him liable
- debtor has the choice
5. where the choice belong to the creditor the loss of one
alternative through the fault debtor give rise to liability.
- creditor has the choice, pwedeng magkaroon
ng liability si debtor sa nawalang bagay
FACULTATIVE:
1. Only one prestation is due although debtor is allowed
to substitute it.
2. the right to make the substitution is given only to the
debtor
- the right of substitution is not given to the
creditor (di pwede)
- facultative: debtor
3. the loss of thing due extinguish the obligation
4. the loss of thing due through his fault (debtor) makes
him liable
5. the loss of the substitute before the substitution
though the fault of debtor does not render him liable.
- because it is still a substitute
EXAMPLES:
Olga has the obligation to perform the following prestations
to Henry: (1) To deliver a specific orange cat, (2) To deliver a
specific horse, (3) To deliver a car with plate number
TWD1234, the performance of one would extinguish Olga's
liability to Henry. By default, who can choose which
prestation to perform?
 Olga (the debtor has the choice)
Olga has the obligation to perform the following prestations
to Henry: (1) To deliver a specific orange cat, (2) To deliver a
specific horse, (3) To deliver a car with plate number
TWD1234, the performance of one would extinguish Olga's
liability to Henry. If the right to choose is with Olga, the
specific cat and the specific horse were lost due to
Olga's fault, what would be her liability?
 None (walang liability kasi debtor has the choice, car
nalang ang prestation)
Olga has the obligation to perform the following prestations
to Henry: (1) To deliver a specific orange cat, (2) To deliver a
specific horse, (3) To deliver a car with plate number
TWD1234, the performance of one would extinguish Olga's
liability to Henry. If all the prestations were lost due to a
fortuitous event, what will happen to Olga's obligation?
 Extinguished/No liability (as long as walang delay,
negligence, or fraud)
Olga has the obligation to perform the following prestations
to Henry: (1) To deliver a specific orange cat, (2) To deliver a
specific horse, (3) To deliver a car with plate number
TWD1234, the performance of one would extinguish Olga's
liability to Henry. If the right to choose is with Henry, and
the specific orange cat was lost due to Olga's fault, what
would be Henry's remedy?
 He can choose 1 for damages, or 2, or 3
Olga has the obligation to perform the following prestations
to Henry: (1) To deliver a specific orange cat, (2) To deliver a
specific horse, (3) To deliver a car with plate number
TWD1234, the performance of one would extinguish Olga's
liability to Henry. If the right to choose is with Henry and
all the prestations were lost due to Olga's fault, what
would be Henry's remedy?
 Damages from one of the prestations
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
Before substitution, the specific ring is lost through a
fortuitous event, Carla's obligation is _____

Extinguished (Principal thing: specific ring ang
nawala di yung substitution)
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
Before substitution, the specific ring is lost through
Carla's fault, Carla's obligation is _____
 Not extinguished; debtor is liable for damages
(substitute yung nawala as base to the agreement)
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
Before substitution, the specific bracelet is lost through a
fortuitous event, Carla's obligation is _____
 Not extinguished (to deliver the specific ring)
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
Before substitution, the specific bracelet is lost through
through Carla's fault, Carla's obligation is _____
 Not extinguished; Carla is not liable
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
After substitution, the specific ring is lost through a
fortuitous event, Carla's obligation is _____
 Not extinguished (“after substitution” because the
specific bracelet is to deliver)
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
After substitution, the specific ring is lost through Carla’s
fault, Carla's obligation is _____
 Not extinguished; Carla is not liable for damages
(specific ring is not part of obligation because a
substitution is already made)
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
After substitution, the specific bracelet is lost through a
fortuitous event, Carla's obligation is _____
 Extinguished (wala nang obligation si Carla bc of a
fortuitous event)
Carla is obliged to give Darla a specific ring. The parties
agreed that Carla may give a specific bracelet as a substitute.
After substitution, the specific bracelet is lost through
Carla's fault, Carla's obligation is _____
 Not extinguished; Carla is liable for damages (kasi
nawala ang principal obligation: bracelet after
substitution was made)
QUESTIONS:
1. An obligation where only one object is due but the
debtor may substitute another object.
A. Alternative obligation
B. Joint obligation
C. Facultative obligation
D. Solidary obligation
2. In alternative obligation, the right to choose the
prestation belongs to
A. Both. The right to choose must be mutually agreed
upon by the debtor and creditor.
B. debtor
C. None. It should be stipulated in the contract.
D. creditor
3. In Facultative obligations, if substitution has been
made, and the substitute is lost due to debtor's fault,
which is true?
A. The debtor is liable for damages.
B. The original prestation must be given.
C. The debtor must give another object which is equally
satisfactory.
D. The obligation is extinguished.
4. An obligation where two or more objects are due but
the performance of one is sufficient.
A. Solidary obligation
B. Facultative obligation
C. Alternative obligation
D. Joint obligation
5. Facultative as distinguished from alternative
obligation
A. Various things are due, but the giving of one is
sufficient.
B. If one of the prestations is illegal, the others may be
valid and the obligation remains.
C. The right of choice is given only to the debtor.
D. It is impossible to give all except one, that last one
must still be given.
6. An obligation where all of the objects (example three
objects) must be performed to extinguish the obligation.
A. Conjunctive
B. Compound Obligation
C. Simple
D. Distributive obligation
7. In Facultative obligations, if substitution has been
made, and the substitute is lost by a fortuitous event,
which is true?
A. The obligation is extinguished.
B. The debtor must give another object which is equally
satisfactory.
C. The debtor is liable for damages.
D. The original prestation must be given.
8. In alternative obligation, the right to choose the
prestation CANNOT be
A. exercised when only the debtor has the right
B. exercised by a third person
C. exercised by the creditor
D. exercised when only one is practicable
9. In alternative obligation, once the notice of the
election has been given to the creditor,
A. the obligation becomes simple
B. the obligation remains distributive
C. the obligation remains alternative
D. the obligation becomes facultative
10. In alternative obligation, to make the choice of the
debtor effective
A. the concurrence of the creditor to the choice made by
the debtor is not required
B. the approval of the creditor to the choice made by the
debtor is required
C. the approval of a third person to the choice made by
the debtor is required
D. the concurrence of the creditor to the choice made by
the debtor is required
11. An obligation where one, two or more of the objects
are due. One of the objects must be performed to
extinguish the obligation.
A. Solidary obligation
B. Compound obligation
C. Distributive obligation
D. Joint obligation
12. In facultative obligation, the right of choice belongs
to:
A. Third person
B. The creditor
C. The debtor
D. Both the creditor and the debtor
13. In Facultative obligations, if substitution has been
made, which of the following is false?
A. The loss of the original prestation is immaterial.
B. The obligation is extinguished.
C. The obligation ceases to be facultative.
D. The obligation is converted into a simple obligation.
14. If through the creditor's acts, the debtor cannot make
a choice according to the terms of the obligation, the
latter
A. is required to ask for damages.
B. is required to rescind the contract.
C. may rescind the contract.
D. may annul the contract.
15. In alternative obligation, the debtor can choose
A. practical obligation
B. unlawful obligation
C. which could not have been the object of the obligation
D. impossible obligation
16. Allan obliged to give Ben a specific watch, a specific
ring, or a specific bracelet. The parties agreed that Ben
will have the right to choose the thing which will be given
to him. Before Ben could make his choice, the watch and
the ring are lost through Allan's fault, successively. What
is the right of Ben?
A. Ben can only choose to have the bracelet because
anyway, Allan can still perform his obligation.
B. Ben may choose the delivery to him of the bracelet,
or the price of the watch or the price of ring plus
damages.
C. Ben can only choose to have delivery of the bracelet
or the price of the ring which was the last item that was
lost plus damages.
D. Ben cannot choose the price of the watch or the price
of the ring because the said objects have already been
lost.
17. Allan obliged himself to deliver Ben his only 2020
MacBook but Allan may give his Xbox series Xas a
substitute. Allan chooses to do substitution - deliver the
Xbox Series X. The substitution has been
communicated to Ben. In this case, which of the
following statements is INCORRECT?
A. Allan's obligation ceases to be facultative.
B. Allan's obligation is converted into a simple
obligation.
C. The loss of the 2020 MacBook is inconsequential.
D. Allan's bligation is extinguished.
18. Allan has the obligation to perform the following
prestations to Ben: (1) To deliver a specific dog, (2) To
deliver a specific cow, (3) To deliver a car with plate
number TWD1234. The performance of one would
extinguish Allan's liability to Ben. The right of choice has
been expressly given to Ben. If the prestations to deliver
the Allan's specific dog was lost due to Allan's fault, Ben
may
A. Demand the value of the most expensive prestation
plus damages
B. To demand the value of the thing that was lost due to
Ben's fault
C. Demand the value of the last thing that was not lost
plus damages
D. To choose among the performance of the remaining
prestations
19. Allan has the obligation to perform the following
prestations to Ben: (1) To deliver a specific dog, (2) To
deliver a specific cow, (3) To deliver a car with plate
number TWD1234. The performance of one would
extinguish Allan's liability to Ben. The right of choice has
been expressly given to Ben. If all the prestations were
lost due to Allan's fault, Ben may
A. Demand the value of any one of the things that was
lost plus damages
B. Demand the value of the last thing that was lost plus
damages
C. Demand the value of the most expensive prestation
plus damages
D. Cancel the obligation plus damages
20. Allan obliged himself to deliver Ben his only 2020
MacBook but Allan may give his Xbox series Xas a
substitute. Allan chooses to do substitution - deliver the
Xbox Series X. The substitution has been
communicated to Ben. However, after the substitution
was made, the Xbox Series X was destroyed by Allan's
fault. In this case, which of the following statements is
CORRECT?
A. Allan's obligation is extinguished.
B. Allan must deliver another object which is equally
satisfactory.
C. Allan should deliver instead the 2020 MacBook.
D. Allan is liable for damages.
21. Allan is obliged to give Ben either objects No. 1 or
No. 2 or No. 3 at Ben's option. Before Ben
communicated his choice to Allan. Object No. 1 had
been destroyed, thru Allan's fault and object No. 2 had
been destroyed by a fortuitous event. Ben may
A. Demand the value of object No 2 as the right of choice
belongs to Ben.
B. Demand either object No. 3 or the price of object No.
1 plus damages.
C. Demand object No. 3 only as it is still available.
D. Demand the price of object No. 1 only plus damages
because it was destroyed by Allan's fault.
22. Allan is obliged to give Ben either objects No. 1 or
No. 2 or No. 3 at Ben's option. Before Ben
communicated his choice to Allan. Object No. 1 had
been destroyed, thru Allan's fault and object No. 2 had
been destroyed by a fortuitous event. Ben may
A. Demand the value of object No 2 as the right of choice
belongs to Ben.
B. Demand either object No. 3 or the price of object No.
1 plus damages.
C. Demand object No. 3 only as it is still available.
D. Demand the price of object No. 1 only plus damages
because it was destroyed by Allan's fault.
23. Allan obliged himself to deliver Ben his only 2020
MacBook but Allan may give his Xbox series Xas a
substitute. Allan chooses to do substitution - deliver the
Xbox Series X. The substitution has been
communicated to Ben. However, after the substitution
was made, the 2020 MacBook was destroyed by Allan's
fault. In this case, which of the following statements is
CORRECT?
A. Allan's obligation is extinguished.
B. Allan must deliver another object which is equally
satisfactory.
C. Allan is liable for damages.
D. The loss of the 2020 MacBook is inconsequential.
24. Allan has the obligation to perform the following
prestations to Ben: (1) To deliver a specific dog, (2) To
deliver a specific cow, (3) To deliver a car with plate
number TWD1234. The performance of one would
extinguish Allan's liability to Ben. In this case, the right
to choose is reserved to
A Allan
B. Dog
C. Ben
D. Cow
25. On January 15, 2020, Allan obliged himself to give
Ben his only cow or his only dog or his only cat on
December 25, 2020. On July 4, 2020, the cow died after
giving birth to a young cow. Two months later, the cat
died due to the fault of Alla. And on November 1, 2020,
the dog died due to a fortuitous event. Which of the
following is true?
A. Ben can require Allan to replace the cat by another
cat which is equally satisfactory
B. Ben is entitled to the young cow having been born
after the perfection of the contract
C. The obligation of Allan is extinguished
D. Allan is liable for the value of the cat plus damages
26. Allan is obliged to give Ben a specific ring. The
parties agreed that Allan may give a specific bracelet as
a substitute. Which is TRUE?*
A. If the ring is lost through the debtor's fault after
substitution, the debtor shall pay damages.
B. If the ring is lost through a fortuitous event before
substitution, the obligation is extinguished
C. If the bracelet is lost through a fortuitous event before
substitution, the obligation is extinguished
D. If the ring is lost through a fortuitous event after
substitution, the obligation is extinguished
27. Allan is obliged to give Ben, at Allan's option either
Object No. 1, Object No. 2, or Object No. 3. If all objects
were lost thru Allan's fault, which is correct?
A. The value of any of the things lost plus damages must
be given to Ben.
B. The obligation is extinguished.
C. The value of the first thing lost plus damages must be
given to Ben.
D. The value of the last thing lost plus damages must be
given to Ben.
28. Allan obliged himself to deliver Ben his only 2020
MacBook but Allan may give his Xbox series Xas a
substitute. Allan chooses to do substitution - deliver the
Xbox Series X. The substitution has been
communicated to Ben. However, after the substitution
was made, the 2020 MacBook was destroyed by a
fortuitous event. In this case, which of the following
statements is CORRECT?
A. Allan must deliver another object which is equally
satisfactory.B. The loss of the 2020 MacBook is
inconsequential.
C. Allan's obligation is extinguished.
D. Allan is liable for damages.
29. Allan has the obligation to perform the following
prestations to Ben: (1) To deliver a specific dog, (2) To
deliver a specific cow, (3) To deliver a car with plate
number TWD1234. The performance of one would
extinguish Allan's liability to Ben. The right of choice has
been expressly given to Ben. If the prestations to deliver
the Allan's specific dog was lost due to Allan's fault, Ben
may
A. To demand the value of the thing that was lost due to
Allan's fault
B. Demand the value of the last thing that was not lost
plus damages
C. Demand the value of any one of the thing plus
damages
D. Demand the value of the most expensive prestation
plus damages
30. Which of the following statements is NOT an
example of a facultative obligation?
A. I will give you my piano but you may choose my LCD
television set as a substitute.
B. Dan is obliged to give Carl a specific ring. The parties
agreed that Dan may give a specific bracelet as a
substitute.
C. I will mortgage my land to secure my debt which shall
be payable within 90 days upon my failure to pay my
debt within 30 days.
D. Dan will give Carl his guitar but Dan may give his
Personal Computer as a substitute.
31. Allan obliged himself to deliver Ben his only 2020
MacBook but Allan may give his Xbox series Xas a
substitute. Allan chooses to do substitution - deliver the
Xbox Series X. The substitution has been
communicated to Ben. However, after the substitution
was made, the Xbox Series X was destroyed by
lightning. In this case, which of the following statements
is CORRECT?
A. Allan must deliver another object which is equally
satisfactory.
B. Allan should deliver instead the 2020 MacBook.
C. Allan's obligation is extinguished.
D. Allan is liable for damages.