4 Types of Obligations in this Cluster Based on the number of prestations in order

to release him from the juridical tie.

Usually One prestation and the debtor only needs to fulfill that one prestation;
Two or more
1. Simple - There is only one obligation to be fulfilled by the debtor.
2. Alternative prestation - Several Prestations but the debtor need only to fulfill
one, or two prestations but not all.
3. Facultative - The prestation where the obligation may be substituted with
another.
4. Complex Cumulative Prestation- There are several prestations but the debtor
needs to fulfill all prestations
e.g. I will give you a house and lot, I will work for you, I will give you a car.

ALTERNATIVE
- There is a choice but only one is to be chosen to release the debtor from the
juridical tie.
Who has the right to choose?
- Art. 1200 provides that it is the debtor
Exceptions:
- Unless expressly granted to the creditor or a thrd person
Limitations:
1. (Art. 1199 par. 2) Creditor cannot be compelled to receive part of one
prestation and part of another.
e.g. to give dog, to give cat, to give horse, to give mouse
cannot deliver part of a horse and part of a mouse.
(Art. 1248) Principle of indivisibility. Always observe the integrity of the
prestation.
2. (Art. 1200) Debtor is also not allowed to deliver a prestation that is unlawful.
e.g. to deliver a dog, cat, horse, mouse, shabu.
3. To deliver that could not have been the object of the obligation
-undertakings that are not included among others from those which the debtor can
select (e.g. goat)
- those which are not yet due and demandable when the selection is made. (if it is
subject to a condition or period; e.g. deliver the cat on May 15, the dog when he
gets married)
4. Those by reason of accident or some other cause have acquired a new character
distinct from that contemplated by the parties when it was constituted.
e.g. delivering a frog that became a prince when she kissed it.

**Art. 1196 a period is fixed for the benefit of the parties unless it is expressly
provided to be for the benefit of one.

Limitations:
1. Those that are impossible. (physicall impossibility; delivery of dog, cat,
mouse, Taal Volacano)
2. Unlawful. (dog, cat , mouse, shabu)
3. Could not have been contemplated as part of the obligation.
4, Not yet due and demandable and the period fixed is for the benefit of the
creditor. .
5. Those that have acquired a new character.
6. Indivisible.

After a choice has been made, Art. 1201 shall apply.

Art. 1201. The choice shall produce no effeet except from the time it has been
communicate.
who is to communicate and to whom?
- The person who made the choice
It must be known to the creditor and the debtor.
Only when the alternative obligation becomes simple will it be due and demandable.
- There is no delay in an alternative obligation.
*Can there be delay in a personal negative obligation? No.
*Can there be delay in a negative condition? Yes.
*Can there be delay in an alternative obligation? No.
In making a choice, the debtor does not need the consent of the creditor so long as
it does not fall within the limitations.

In the right to choose in an alternative obligation, there is no right not to

choose
- It includes the prestation to do on the part of the debtor.
- If the debtor delays without justification the prestation to communicate his
choice, the creditor may execute the obligation at his cost. (Art. 1167)

Two scenarios when communication is not needed

1.) One, two, or all prestations become impossible to fulfill.
2.)

Art. 1202-1205 (Effects of loss of the object of the obligation)

Limitaitons
a.) Through fortuitous event, all are lost the consequence is that all are
extinguished. (Note
b.) Some but not all are lost) the debtor will have to choose among those
remaining.
c.) If only one remains the alternative obligation ceases and a simple obligation
will be entered into.
d.) If all are lost due to fortuitous event there will be no liability
e.) If all are lsot due to the fault of the debtor he shall be liable for damages
with the value equivalent to the last thing lost..(Art. 1204)
f.) If all prestations become impossible but the cause of the loss is either
through the fault of the debtor and fortuitous event, the last prestation shall be
considered. (If due to the debtor, liable and if due to fortuitous event, not
liable)

Art. 1203.
If the prestation was lost due to the fault of the creditor, the debtor may rescind
the contract with damages.
- The creditor may not insist that the prestation be fulfilled.

If the choice belongs to the creditor:

1.) due to fortuitous event, all are lost, the debtor is released form the
obligaiton
2.) due to fortuitous event, some but not all are lost, the creditor will have to
choose from among those remiang that are possible.
3.) if only one remains, the creditor will have to accept the last remaing
prestaiton.
4.) If it is due to the fault of the debtor, creditor may claim the price value of
any of them with indemnity for damages. (Not only the value of the thing but also
damages)
5.) If some but not all are lost due to the fault of the debtor, the creditor will
have the option to choose from those that are possible or claim the value of the
thing that has been lost with indemnity for damages. (even if the creditor chooses
that which is possible the creditor may still claim for damages)

Art. 1205 (2)

- There is a right to damages when the prestation chosen is still present and
possible.

FACULTATIVE
- When only one obligation has been agreed upon, but the obligor may render
- The choice only belongs to the debtor at all circumstances as according to the
law
- It cannot be delegated to a creditor or a third person.

Illustration: The debtor is obligated to deliver a house and loat but may opt to
substitute it with or deliver a yacht. (It is facultative but if the choice is with
the creditor, it is alternative)

- If the orginal obligation is rendered impossible in a facultative obligation,

then the obligation will be extinguished.
- If the substitute is chosen but is lost while the original obligation is still
possible, the creditor may not insist that the original prestation be done.

Alternative Obligation vs. the Real Obligation to deliver a Limited Generic

1.) In an alternative obligation, there are several prestations. In a real
oligation to deliver a LImited Generic there is only one prestation but several
things.
2.) In an alternative obligation, the debtor cannot incur delay. On the other,
there can be delay.
3.) The loss of the thing intended to be delivered in a limited generic obligation
does not extinguish the obligation as it may still be substituted by one of the
limited genus.
4.) In a real obligatio to deliver a limited generic, only the debtor has the
choice what to deliver. In an alternative, the creditor may be delegated the choice
of prestation.