CH.3 SEC. 3 ALTERNATIVE OBLIGATIONS

Question 1

Art. 1199. par. 1. A person alternatively bound by different prestations shall […].

Answer 1

Art. 1199. par. 1. A person alternatively bound by different prestations shall completely perform one of them.

Question 2

What is the difference between a simple obligation and a compound obligation?

Answer 2

A simple obligation is one where there is only one prestation while a compound obligation is one where there are two or more prestations.

Question 3

What are the two kinds of compound obligations?

Answer 3

The two kinds of compound obligations are: (1) conjunctive obligation, and (2) distributive obligation.

Question 4

What are the two kinds of distributive obligations, and what are their differences?

Answer 4

The two kinds of distributive obligations are: (1) alternative obligation; and (2) facultative obligations.

An alternative obligation is one where several prestations are due but the performance of one is sufficient while a facultative obligation is one where only one prestation is due but the debtor may substitute it for another.

Question 5

Art. 1199. par. 2. The creditor cannot be compelled to receive […] undertaking.

Answer 5

Art. 1199. par. 2. The creditor cannot be compelled to receive part of one and part of the other undertaking.

Question 6

Can the debtor give a portion of one of the prestations and a portion of the other prestation to fulfill his obligation in the alternative obligation?

Answer 6

No, under Art. 1199. The creditor cannot be compelled to receive part of one and part of the other undertaking.

Question 7

Art. 1200. par. 1. The right of choice belongs to the […], unless […].

Answer 7

Art. 1200. par. 1. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor.

Question 8

To whom does the right of choice in an alternative obligation belong to? What is the exception?

Answer 8

According to Art. 1200, the right of choice in an alternative obligation belongs to the debtor. The exception is when it has been expressly granted to the creditor.

Question 9

Art. 1200. par. 2. The debtor shall have no right to choose those prestations which are […], […] or which […].

Answer 9

Art. 1200. par. 2. 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.

Question 10

What are the limitations on the debtor’s right to choose in an alternative obligation?

Answer 10

According to Art. 1200, 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.

Question 11

Art. 1201. The choice shall produce no effect except […].

Answer 11

Art. 1201. The choice shall produce no effect except from the time it has been communicated.

Question 12

What are the effects when the debtor communicates the choice to the creditor?

Answer 12

The effects of communicating the choice are:

(1) The obligation ceases to be alternative and becomes simple (Art. 1205 par. 1.)
(2) The choice once properly made and communicated is irrevocable and cannot be changed by either party without the consent of the other.

Question 13

Is the concurrence of the creditor to the choice required?

Answer 13

No, the concurrence of the creditor to the choice is not required because the right of choice is generally granted to the debtor.

Question 14

To whom does the burden of proof that a choice has been made rest? Is there a required form?

Answer 14

The burden of proof rests upon the person who made the choice, and the law does not require any particular form regarding the giving of notice. Thus, it may be made orally or in writing, expressly or impliedly.

Question 15

Art. 1202. The debtor shall lose the right of choice when […].

Answer 15

Art. 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable.

Question 16

When shall the debtor lose the right of choice?

Answer 16

The debtor shall lose the right of choice when among the alternative prestations, only one is practicable.

Question 17

Art. 1203. If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the […].

Answer 17

Art. 1203. If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.

Question 18

What are the remedies of the debtor when through the creditor’s acts, the debtor cannot make a choice according to the terms of the obligation?

Answer 18

The remedies of the debtor may be:

(1) rescind the contract with damages;
(2) choose either of those which subsist with damages;
(3) choose the item lost and the obligation is extinguished without damages. [De Leon, Obligations and Contracts 2021 ed. page. 128]

Question 19

Art. 1204. par. 1. The creditor shall have […] when, through the fault of the debtor, […] which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible.

Answer 19

Art. 1204. par. 1. 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.

Question 20

If the debtor loses some of the objects of the obligation through his fault, shall he be liable for damages?

Answer 20

No, when the debtor loses some of the items, he shall not be held liable for damages for he may choose those that which are still practicable.

Question 21

If the debtor loses all of the prestations through his fault, shall he be liable for damages?

Answer 21

Yes, when all the obligations are lost due to the fault of the debtor, he shall be liable for damages payable to the creditor.

Question 22

Art. 1204. par. 2. The indemnity shall be fixed taking as a basis the […], or that of the service […].

Answer 22

Art. 1204. par. 2. 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.

Question 23

What shall be the basis of the indemnity in case all the prestations are lost due to the debtor’s fault?

Answer 23

According to Art. 1204, the basis of the indmenity shall be the value of the last thing which disappeared, or that of the service which last became impossible.

Question 24

Art. 1204. par. 3. Damages […] may also be awarded.

Answer 24

Art. 1204. par. 3. Damages other than the value of the last thing or service may also be awarded.

Question 25

Shall the debtor be liable in case when all the alternative prestations are lost due to a fortuitous event?

Answer 25

If the all the alternative prestations are lost due to a fortuitous event, the debtor shall not be held liable because no one shall be held liable for a fortuitous except under exceptional circumstances provided by the law.

Question 26

Art. 1205. No. 1. When the choice has been expressly given to the creditor, the obligation shall cease to be […] from the day when the selection has been communicated to the […].

Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the thing is lost through a fortuitous event, […].

Answer 26

Art. 1205. No. 1. 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.

Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the thing 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.

Question 27

Art. 1205. No. 2. 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.

Until then the responsibility of the debtor shall be governed by the following rules:
(2) If the loss of one of the things occurs through the fault of the debtor, […], or […] of that which, through the fault of the former, has disappeared, with a right to […].

Answer 27

Art. 1205. No. 2. 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.

Until then the responsibility of the debtor shall be governed by the following rules:
(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.

Question 28

Art. 1205. No. 3. 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.

Until then the responsibility of the debtor shall be governed by the following rules:
(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon […], also with […].

Answer 28

Art. 1205. No. 3. 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.

Until then the responsibility of the debtor shall be governed by the following rules:
(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.

Question 29

When may a debtor be made liable for damages in case of loss in an alternative obligation?

Answer 29

A debtor may be held liable for damages in case of loss of alternative obligations when:

(1) The choice was expressly granted to the creditor; and
(a) Through his fault, some of the prestations are lost; or
(b) Through his fault, all of the prestations are lost; or

(2) The choice is with the debtor; and
(a) Through his fault, all the prestations are lost; or
(b) After he has communicated his choice, a the thing which he promised has been lost through his fault.

Even if the creditor will choose that which subsists, there shall be a right to damages.

Question 30

Art. 1205. par. 6. The same rules shall be applied to obligations […] in case one, some or all of the prestations should become impossible.

Answer 30

Art. 1205. par. 6. 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.

Question 31

Art. 1206. par. 1. When only […] prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called […].

Answer 31

Art. 1206. par. 1. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative.

Question 32

What is a facultative obligation?

Answer 32

A facultative obligation is when there is one prestation that has been agreed upon, but the obligor may render another in substitution.

Question 33

Art. 1206. par. 2. The loss or deterioration of the thing intended as a […], through the negligence of the obligor, […]. But once the substitution has been made, the obligor is liable for the […] on account of his delay, negligence or fraud.

Answer 33

Art. 1206. par. 2. 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 account of his delay, negligence or fraud.

Question 34

Shall the debtor be held liable when he loses the substitute through his fault?

Answer 34

No, the debtor shall not be held liable for loss of the substitute even when made through his fault, except when the loss occurred after the substitution has taken place. (Art. 1206)