Definitions

Define or give the meaning of the following:

1. alternative obligation;
- An alternative obligation is one wherein various prestations are due but the performance of one
of them is sufficiently determined by the choice which, as a general rule, belongs to the debtor.
(8 Manresa 176; Art. 1200.)

2. facultative obligation;
- A facultative obligation is one where only one prestation has been agreed upon but the obligor
may render another in substitution.

3. conjunctive obligation.
- One were 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.
- The debtor cannot choose those prestations which are: (a) impossible, (b) unlawful, or (c) which
could not have been the object of the obligation. These prestations are void. Their presence do
not invalidate the obligation if it includes other undertakings otherwise free from such defects.
In other words, under Article 1200, the debtor’s right of choice is not extinguished altogether
but limited to the remaining valid prestations. For example you cannot murder someone in
return for money, or you can not deliver a cow from outer space in exchange for something else.

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.
- According to ART. 1203, if the debtor is unable to make a decision based on the conditions of
the obligation due to the creditor's actions, the latter may terminate 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;
- According to ART. 1204, if any of the obligations' objectives are lost or become difficult to perform due
to the debtor's fault, the debtor is not liable because he has the right of choice and the obligation can
still be fulfilled.

(b) all are lost through his fault.

- If all of them were lost or became impossible due to his fault, the creditor is entitled to indemnity for
losses because the obligation can no longer be met.

III. Problems

Explain or state briefly the rule or reason for your answer.

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?

- Yes, D can do so as long as he has C's permission, because according to ART. 1201, the choice
has no impact until it is communicated. Furthermore, as 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;

- If one of the goods is lost due to the debtor's fault, the creditor has the right to recover any of
the other items, as well as the price of the item that has vanished due to the debtor's fault.

(b) all the items are lost or destroyed?

If all of the things are lost due to the debtor's fault, the creditor may choose the price of any of
them, as well as compensation for damages.

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

- According to ART. 1204, if any of the obligations' objectives are lost or become difficult to
perform due to the debtor's fault, the debtor is not liable because he has the right of choice and
the obligation can still be fulfilled.