Alternative Obligations 1

Chapter 3: Section 3 –Alternative Obligations

I. Definitions

1. Alternative Obligation - 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.

2. Facultative Obligation - one where only one prestation has been agreed upon but the
obligor may render another in substitution.

3. Conjunctive Obligation - one where there are two or more prestations and all of them are
due.

II. Discussions

1. What are the limitations on the right of choice of the debtor in alternative obligations?
Illustrate one such limitation.

Answer:

According ART. 11200, the debtor cannot choose those prestations which are impossible,
unlawful, or which could not have been the object of the obligation. As an example, you
cannot kill someone in return for money, or deliver a horse with 10 legs from Mars in return
for something as well.

2. Give the situation when the debtor is given the option either to exercise his right of
choice or to rescind the contract with damages.

Answer:

According to 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.

3. State the legal effects in case:

a) Some of the objects of the obligation are lost through the fault of the debtor who has
the right of choice.

Answer:

As stated in ART. 1204, if some of the objects of the obligation have been lost or have
become impossible even through the fault of the debtor, the latter is not liable since he has
the right of choice and the obligation can still be performed.

b) All are lost through his fault.

The Law on Obligations and Contracts 2003 Ed. Hector S. De

Leon
 Alternative Obligations 2

Answer:

If all them have been lost or have become impossible through his fault, the creditor shall
have the right to indemnity for damages since the obligation can no longer be complied
with.

III. Problems

1. D (debtor) borrowed P10,000 from C (creditor). It was agreed that D could pay P10,000
or deliver his piano on August 22. On August 20, D informed C that the former would
deliver his piano. Can D still change his period considering that he was given the right of
choice?

Answer:

Yes, D can choose from the alternatives as long as he gains consent to C because according
to ART. 1201, the choice shall produce no effect except from the time it has been
communicated. Also, as a general rule stated in ART. 6, all rights may be waived.

2. Under a contract, X (obligor) promised to deliver to Y(obligee) item one, or item two or
item three. Y was given the right of choice. What is the liability of X in case, through his
fault:

a) Item two is lost or destroyed

Answer:

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.

b) All the item are lost or destroyed

Answer:

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.

3. S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead his
refrigirator. Is S liable to B in case the TV is lost through S’s fault?

Answer:

Yes, S is liable. According to ART. 1206, if the principal thing is lost through the debtor’s
fault, he/she is liable for damages

The Law on Obligations and Contracts 2003 Ed. Hector S. De

Leon
 Alternative Obligations 3

D can choose from the

alternatives as
long as he gains consent to C
D can choose from the
alternatives as
long as he gains consent to C

The Law on Obligations and Contracts 2003 Ed. Hector S. De

Leon