Alternative Obligations - When among the prestations whereby he is

alternatively bound, only one is practicable.

(Article 1199) This becomes a simple obligation.
- A person alternatively bound by different - The debtor cannot choose part of one
prestations shall completely perform one of prestation and part of the other.
them. (Article 1201)
- The creditor cannot be compelled to receive
part of one and part of the other undertaking. The choice shall produce no effect except from the
time it has been communicated.
Kinds of obligation according to object.
 Effect of notice – until the choice is made
 Simple obligation – there is only one and communicated, the obligation remains
object, e.g., Mary obliges herself to deliver alternative.
to Cristian a bat. a. Once the notice of election has been
 Compound obligation – two or more given to the creditor, the obligation
prestation. It may be: becomes simple.
o Conjunctive obligation – there are b. Such choice once properly made and
several prestations and all of them communicated is irrevocable. The
are due. concurrence of the creditor is not
o Distributive obligation – one of two required.
or more of the prestations are due. (It c. Where the choice has been expressly
may be alternative or facultative) given to the creditor, such choice
shall likewise produce legal effects.
Alternative obligation – debtor is alternatively
bound with various prestations that are due but the  Proof and form of notice – the law does not
performance of one of them is sufficient to require any particular form regarding the
extinguish the obligation. E.g., Jonel borrowed giving of notice.
P10,000 cash from Butch. It was agreed that Jonel (Article 1202)
has the alterative to pay Butch either in P10,000
cash or a phone worth P10,000. Effect when only one prestation is practicable.

(Article 1200) The obligation is still alternative because the

debtor still retains the right of choice. Under Article
As a general rule, the right to choose the prestation 1202, if only one is practicable, the obligation is
is the debtor. converted into a simple one.
Exception: It can be exercised by the creditor only
when expressly granted to him, or by a third person
when the right is given to him by common (Article 1203)
agreement. If through the creditor’s acts the debtor
The right of choice of the debtor is not absolute. It cannot make a choice according to the terms of the
is also subject to limitations. obligation, the latter may rescind the contract with
damages.
- The debtor has no right to choose prestations
which are impossible, unlawful or which The debtor may rescind the contract.
could not have been the object of the Rescission creates the obligation to return the things
obligations. These prestations are void, but which were the object of the contract together with
their presence does not invalidate the their fruits, and the price with its interest.
obligations. (Article 1204)
 The creditor shall have a right to indemnity remainder, or that which remains if only one
for damages when, through the fault of the debtor, subsists.
all the things which are alternatively the object of 2. If one thing is lost through the fault of the
the obligation have been lost, or the compliance of debtor – the creditor may claim any of those
the obligation becomes impossible. subsisting, or the price of the thing lost with
right to damages.
- The indemnity shall be fixed as a basis the
3. If all things are lost through the fault of the
value of the last thing that disappeared, or
debtor – the choice by the creditor shall fall
the last service that became impossible.
upon the price of any one of them, also with
- Damages other than the value of the last
indemnity for damages.
thing or service may also be awarded.
(Article 1206)
Effect of loss or becoming impossible of objects of
obligation. When only one prestation has been agreed
upon, but the obligor may render another in
1. Some of the objects – even through the
substitution, the obligation is called facultative.
fault of the debtor, he shall not be liable
since he has the right of choice and the The loss or deterioration of the thing
obligation can still be performed. This is an intended as a substitute, through the negligence of
exception to the general rule established in the obligor, does not render him liable. But once the
Article 1170 regarding liability for damages substitution has been made, the obligor is liable for
arising from negligence. the loss of the substitute on the account of his delay,
2. All of the objects – if it is through the negligence or fraud.
debtor’s fault, the creditor shall have a right
Effect of loss:
to indemnity for damages since the
obligation can no longer be complied with.  Before substitution - whether due to
If the cause of the loss is a fortuitous event, fortuitous event or fault of the debtor, does
the obligation is extinguished. not affect the debtor’s liability to deliver the
principal thing.
In case of disagreement with regards to the
basis of the value of indemnity, it is incumbent  After substitution – if the principal is lost,
upon the creditor to prove such value, or which the debtor is not liable whatever may be the
thing last disappeared or which service last became cause of the loss. But if the substitute is lost;
impossible. Other damages may also be awarded. o Due to fortuitous event – obligation
is extinguished
(Article 1203 and 1204 apply when the right of o Due to debtors fault – debtor is
choice belongs to the debtor. Under Article 1205, obliged to pay damages.
the creditor has the right to choose.)
Alternative Obligation vs Facultative Obligation
(Article 1205)
As to number of prestation:
When the choice has been expressly given to
the creditor, the obligation shall cease to be - There are various things due but the
alternative from the day when the selection has been complete performance of one of them is
communicated to the debtor. sufficient for the payment of the obligation
(Alternative)
The responsibility of the debtor shall be governed - Only one thing is principally due but a
by the following rules: substitute upon the choice of the debtor may
1. If one thing is lost through fortuitous event – be delivered in payment of the obligation.
the debtor shall deliver that which the (Facultative)
creditor should choose from among the As to nullity:
 - If one of the prestation is void, the others
which are without vices preserve the validity
of the obligation. The debtor or creditor may
choose on the remaining prestations.
(Alternative)
- If the principal obligation is void, it
invalidates the obligation. The debtor is nkt
bound to choose the substitute. (Facultative)
As to choice:
- The right of choice may be given to creditor
or third person. (Alternative)
- The right to make a substitution or not,
pertains to the debtor alone, the creditor is
never given this right. (Facultative)
As to effect of loss through fortuitous event:
- The loss of one or more alternatives does not
extinguish the obligation. (Alternative)
- The loss of the thing due extinguishes the
obligation. (Facultative)
As to effect of loss through the fault of the debtor:
- The loss of one of the alternatives does not
render him liable. And when the choice
belongs to the creditor, the loss of one
alternative gives rise to the liability.
(Alternative)
- The loss of the thing due makes him liable.
The loss of the substitute before the
substitution does not render him liable.
(Facultative)