Chapter 3 (Section 3)

STUDY GUIDE

I. Definition
Define or give the meaning of the following:
1. Alternative obligation
- An obligation is alternative when two things are equally due, under an
alternative. The obligor is bound to render only one of two or more items of
performance. Where a person engages to do, or to give several things the
payment of one will acquit him of all.
2. Facultative obligation
- Facultative obligation refers to a type of obligation where one thing is due, but
another is paid in its place. In such type of obligations there is no alternative
provided. The debtor is given the right to substitute the thing due with another
that is not due.
3. Conjunctive obligation
- A conjunctive obligation refers to an obligation composed of multiple
performances that can be separately rendered or enforced. It is an obligation in
which several objects are connected by 'and 'and not 'or.
II. Discussions
1. What are the limitations on the right of choice of the debtor in alternative
obligations? Illustrate one such limitation.
- According to Article 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.
- According to Article 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;
 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;
 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
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 as long as he gains consent from C since 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;
 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 items are lost or destroyed;
 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 of
his refrigerator. Is S liable to B in case the TV is lost through S’s fault?
- Yes, S is liable. According to Article 1206, if the principal thing is lost
through the debtor’s fault, he/she is liable for damages.