Art 1199 alternative obligation – multible prestations - do all of them

Obligations with several objects

If multiple objects: conjunctive, alternative and facultive

Conjuntive- multiple prestation and obligation is extinguished by performance of all othem

Alternative – multiple prestation and obligation is extinguished by performance of one

Facultive – one thing is due but the debtor can substitute it with another

So in loss, in alternative – election may be granted by the creditor

in facultive – none

Art 1200 – right of choice belongs to debtor unless expressly granted to creditor

Debtor cannot choose impossible prestation

In alternative obli – debtor has the right to choose obligation unless expressly provided

Right to choose cannot be divided. Cannot pick one part of a prestation and a another part

Debtor cannot choose impossible prestations.

Form of alternative “either object x or y”

Art 1201 choice has no effect until from the time it is communicated

Notice – notice of selection may in any form provided it clear

Creditors consent – the purpose of notice is to give the creditor an opportunity to express consent

Law does not require the other party to consent to the party who will choose, but a mere decleration of
choice is sufficient.
Plurarility of subjects –

if there multiple creditors and debtors and the obligation is joint, the consent of all is needed

if obligation is solidary and there is no stipulation to the contrarty, the choice by one is binding
personally upon him but not to others

Ex: A and B solidarily bind themselves to deliver a horse or carabao to C AND a chose to deliver a horse,
such choice is binding only on A but not on B

Effect of choice - effect of notice of choice is to limit the obligation to the one selected

Once a choice has been made, it cannot be reversed.

To allow a change leads to the other party to damages

Delay in making a choice

Art 1202 = debtor shall choose righ to choose when other prestations are ompossible

Debtor cannot choose impossible or unlawful prestations. Only practical choice is to choose the lawful
one

Art 1203 if through the act of the creditor that the debtor cannot make a choice, debtor may rescind
the contract with damages

If one of the prestations is rendered impossible by the creditor, debtor may rescind the contract or elect
from the ones that remain

Art 1204 – creditor has the right to indemnification if through the debtors fault, obligation became
impossible

Imdenification fixed at the value of the last thing disappeared or rendered impossible

If some of the prestations are rendered impossible, debtor is NOT liable for damages since he may still
perform remaining prestations

Only if ALL prestations are impossible, then he is liable for damages

Art 1205 If choice is given to creditor, obligation is no longer alternative when it is communicated to
debtor

Until then debtor shall be governed by the following rules:

1. if one of the things is lost due to fortuitous event, he shall deliver the remainder which was chosen
by the creditor or the one that subsists

2 if loss is due to fault of debtor, creditor may claim any of the subsisting or the price of that with
damages

3 if loss due to fault of the debtor, creditor shall fall upon the price of any one of them

Selection by creditor – when creditor has right to choose, his selection takes effect once it taken notice
to the debtor

If there is delay to choose by creditor – the debtor will not incur in delay even if there is a definite
period.

There will be delay on the part of the debtor, only if the obligation becomes simple

If creditor does not make a choice, debtors duty does arise because the particular prestation is not
given.

Creditor is to have waived the period

Art 1206 When only one prestation, obligor may render another in substitution also called facultive

If there is a loss or deterioration of a thing INTENDED as substitute, no liability on debtor

But loss or damage ALREADY a substitute, debtor is liable

Difference from alternative

As to contents

In alternative: various prestations which are parts of the obligation

Facultive – principal prestation is the obligation

Alternative: nullity of one does not nullify the obligation

Facultive: nullity of the principal prestation nullifies the obligation and creditor cannot demand a
substitute even if valid

As to choice:

Alternative: right to choose may be given to creditor

Facultative: only debtor can choose substitute

Effect of loss

Alternative: impossibility of all prestations without fault of the debtor extinguishes obli

Facultative: impossibility of principal prestation can extinguish obligation even if sub if possible

Loss of substitute: if substitute is impossible due to debtor, obligation is not affected and debtor not
liable

JOINT AND SOLIDARY OBLIGATION

Art 1207 Concurrence of two or more creditors/debtors from ONE obligation does not imply a right to
demand.

There is solidary liability when obligation only when it expressly states it or when the law provides

Art 1208 if from the law or the nature or wording of obligation from 1207 the contrary (solidary or joint)
does not appear, it is presumed that credit or debt is divided into EQUAL SHARES as there are creditors
or debtors

Joint – one in which each of the debtors are liable for a portion of the debt and creditor entitled to a
portion of that

Solidary – each debtor liable for the entire obligation.

Common law terms – used to be joint and several

Effect of joint liability

1. demand of one creditor upon one debtor produces effect of default

2. interruption of prescription by the judicial demand of one creditor upon a debtor does not beifit the
other creditor

3. vices of each obligation does not affect the obligation

4. insolvency of a debtor does not increase responsibility of codebtor

5. defense of res judicata not applicable

When solidarity exists:

1. when there is express stipulation

2. when a conditionis imposed upon heirs of legatees

3. law expressly provides for

5 imposed by final judgement

5. natire of the obligation requires solidarity

Express stipulation – not necessary that solidarily is stated

Sufficient that obli states that the debtors can be compelled to pay the entirety of the debt

Solidarity from nature of obligation

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.

Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another,
shall indemnify the latter for the same.

Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.

Article 22. Every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just or legal
ground, shall return the same to him.
If two or more people people acting jointly become liable, liabilities is still solidary due to the nature of
obli

Our laws also recognize solidary liabilitie: crimes quasi delict and even joint payees on things delivered
by mistake

Disjunctive obligation – possible in obli for there to be 2 or more creditors/debtors but are named
disjunctively

Ex: A will pay 100 to either B or C

OR B or C will pay 100 to A

RULES ON SOLIDARITY MUST APPLY

Art 1209 if division is impossible, right of creditors may be prejudiced by their collective acts and debts
can only be enforced b y proceeding against debtors

If one of the debtors becomes insolvent, other debtors not liable for his share

Joint inidivisible obli – if division impossible (a house), and the obligation is joint

Pluarilty of creditors: if there are several creditors and only one debtor, obli can be done by delivering
the object to all creditors jointly

If delivered only to one, debtor is liable for damages

If one creditor demand the prestation only be delivered to him, debtor may refuse and state that he has
to deliver to all of them

Interruption of prescription: as long as the obligation is joint, the act of one creditor cannot have an
effect on another creditor because the credit of each one is separate from the credits of others

Plurality of debtors – where the plurality of subject is among debtors, the indivisibility of the object can
be performed by all of them working together

All of them must be sued

The creditor can sue the debtors separately for their respective shares

Obligation not to do – is it divisible or not?

Books says divisible, some debtors may comply with it some may not

Art 1210 – indivisibility does not give rise solidarity

Solidarity does not imply inidivisibility

Where there are various debtors/creditors, obligation is joint even if performance is inidivisible.

Difference between indivisibility and solidarity?

In solidarity, creditor may demand full prestation and each debtor must comply with the entire
prestation

Indivisible, creditor can only comply their share

Art 1211, solidarity may exists but creditos and debtors not bound to the same periods and conditions

3 kinds of solidarity – active passive and mixed

Active – among creditos

Passive – among debtors

Mixed – both

Active solidarity - authority of the creditor to claim and enforce the rights of all