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SOLIDARY

OBLIGATION
- Creditor may ask for
the total obligation
from the debtor
Ex:
A
Credit
or

1
2
3

ALTERNATIVE

DIVISIBLE

PENALTY

Debtor has the right to
choose which from the
choices obliged to be
given to him

Obligation may be
divided

Penalty clause will
cover for
damages unless
parties agreed
that it would be
PENALTY +
DAMAGES

Ex.
“When you pass the bar
exam, I will give you a
dog, cow, or a horse.”

Depends upon
agreement if asked
to be deliver as
whole, the one at
fault will be asked
to pay for damages

Debtor may choose
either of the three when
he passes the bar exam,
therefore fulfilling the
obligation.

Debtors 1, 2, and 3
owes Php 1500 to
Creditor A. Debtors
owes 500 each but
creditor may ask any of
the each for the total
If creditor prevents the
obligation.
right to choose, debtor
may choose to rescind
the agreement or for its
fulfillment.
JOINT OBLIGATION
FACULTATIVE

INDIVISIBLE

Creditor cannot ask for
the total obligation.

Obligation may not
be divided

If there are three
debtors, creditor/s may
only ask for 1/3 of the
payment from each
debtor.

Substitution
Debtor cannot choose
the other option as long
as the first thing
promised exists
Ex.

Depends upon
agreement if asked
to be deliver as
whole, the one at
fault will be asked

*Atty. Chua’s
McDonald’s
example.

PAYMENT/PERFOMA
NCE
“Deliver” – means to
perform obligation
Not necessarily
meaning that the
debtor will deliver the
item to the creditor.
Creditor must claim
the item where the
obligation was made
unless agreed upon
otherwise.

” to pay for damages . I will give you this horse. my dog.“When you pass the bar exam. If not.