191.

An obligation where only one prestation has been agreed upon, but the obligor may render
another in substitution.

A. Alternative obligation

B. Facultative obligation

C. Compound obligation

D. Distributive obligation

192. I. Alternative obligations may be complied with by the delivery of one of the objects or by the
performance of one of the prestations which are alternatively due.

II. Facultative obligations may be complied with the delivery of another object or the performance of
another prestation in substitution of that which is due.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

193. I. In alternative obligations, the right of choice may pertain even to the creditor.

II. In facultative obligations, the right of choice pertains only to the creditor.
A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

194. I. In alternative obligations, the loss or impossibility of all of the objects or prestations which are
due without any fault of the debtor is necessary to extinguish the obligation.

II. In facultative obligations, loss or impossibility of the object or prestation which is due without the
fault of the debtor is sufficient to extinguish the obligation.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

C. Effects of loss of objects of alternative obligation when choice belongs to debtor

1. Loss due to fortuitous event

A. All od the objects are lost

The obligation of the debtor is extinguished.

Example:

X obliged himself to give his only cell phone, or his only laptop, or his only TV to Y. If all of these were
lost through a typhoon, then the obligation of X is extinguished.

B. Only one of the objects remains

The debtor must deliver to the creditor the remaining object. Consequently, the obligation ceases to be
alternative and it becomes a simple obligation.

Example:

X is obliged to give his only cell phone, or his only laptop, or his only TV to Y. If only the cell phone was
lost through a typhoon, then X is liable to deliver either the laptop or the TV at his option. The obligation
is still alternative because there are two remaining objects.

2. Loss due to debtor’s fault

A. All of the objects are lost

The creditor shall have a right to indemnity for damages based on the value of the last thing which
disappeared or service which become impossible. Damages other than the value of the last thing or
service may also be awarded (Art. 1204, NCC).

Example:

X obliged himself to give his only cell phone, or his only laptop, or his only TV to Y. When through X’s
fault, all of these objects were lost successively, meaning the first object that was lost was the cell phone
followed by laptop and finally the TV, then X will be liable for damages taking as a basis the value of the
TV. Also, damages other than the value of TV may be awarded like moral damages.

B. Only one of the objects remains

The debtor must deliver to the creditor the remaining object. Consequently, the obligation ceases to be
alternative as it became a simple obligation.

Example:

X obliged himself to give his only cell phone, or his only laptop, or his only TV to Y. If the cell phone and
laptop were both lost through the negligence of X then he is liable to deliver the TV. It becomes a simple
obligation because there is only one object. Take note that there is negligence in the present case which
is a ground for asking damages; however, X is not liable for damages because of the nature of the
obligation which is alternative meaning there are two or more objects. Moreover, there remains an
object so that all the essential elements of the obligation are still intact.

C. Two or more of the objects remain

The debtor must deliver that which he shall choose from among the remainder. Consequently, the
obligation still subsists retaining its alternative character.

Example:

X obliged himself to give his only cell phone, or his only laptop, or his only TV to Y. If only the cell phone
was lost through the negligence of X then he is liable to deliver the laptop or the TV at his option. The
obligation is still alternative because there are two remaining objects. Again, take note that there is
negligence in the present case which is a ground for asking damages; however, X is not liable for
damages because of the nature of the obligation which is alternative meaning there are two or more
objects.

Effects of loss of objects of alternative obligation when choice belongs to creditor

1. Loss due to fortuitous event

A. All of the objects are lost

The obligation of the debtor is extinguished.

Example:

X is obliged to give his only cell phone, or his only laptop, or his only TV to Y. If all of these were lost
through a typhoon, then the obligation of X is extinguished.

B. Only one of the objects remains

The debtor must deliver to the creditor the remaining object. Consequently, the obligation ceases to be
alternative and it has become simple obligation.

Example:

X obliged himself to give his only cell phone, or his only laptop, or his only TV to Y. If the cell phone and
laptop were both lost through a typhoon, then X is liable to deliver the TV. It becomes a simple
obligation because there is only object.

C. Two or more of the objects remain

The debtor must deliver that which the creditor shall choose from among the remainder. Consequently,
the obligations still subsist retaining its alternative character.

Example:

X obliged himself to give his only cell phone, or his laptop, or his only TV to Y. If only the cell phone was
lost through a typhoon, then X is liable to deliver either laptop or the TV, this time, at the option of
creditor Y. The obligation is still alternative because there are two objects.

Loss due to debtor’s fault

All of the objects are lost

The creditor shall choose the price on any of the objects with indemnity for damages (Art. 1205, NCC).

Example:
X is obliged to give his only cell phone, or his only laptop, or his only TV to Y. When through X’s fault, all
of these objects were lost successively, meaning the first object that was lost was the cell phone
followed by laptop and finally the TV, then Y will have three options, that is, Y can choose the value of
the cell phone plus damages or the value of the laptop plus damages, or the value of the TV plus
damages. Take note that the ground for asking damages here is negligence.

Only one of the objects remains

The creditor may choose the object which remains and debtor cannot be held liable for damages.
However, the creditor may also choose the value of any one of the objects which were lost, plus
damages. Consequently, the obligation ceases to be alternative and it became a simple obligation (Art.
1205, NCC).

X obliged himself to give his only cell phone, or his only laptop, or his only TV to Y. If only the cell phone
and the laptop were both lost through the negligence of X, then Y, as creditor, may choose the value of
the cell phone plus damages or the value of the laptop plus damages. Y may also choose delivery to him
of the TV, the remaining object, however, there is no damages because there is no ground for asking
damages. Negligence, as a ground for asking damages, attached only to the loss of the cell phone and
the laptop.

Two or more of the objects remain

The debtor must deliver that which the creditor shall choose from among the remainder and the debtor
cannot be held liable for damages. However, the creditor may also choose any of the objects which were
lost and the debtor is liable for the value of the object plus damages. Consequently, the obligation still
subsists retaining its alternative character (Art. 1205, NCC).

Example:

X obliged himself to give his only cell phone, or his only laptop, or his only TV to Y. If only the cell phone
was lost through the negligence of X then Y may opt for the delivery to him of either the laptop or the
TV with no damages because there is no ground for asking damages or negligence did not attach to the
obligation. However, Y may opt to choose the value of the cell phone plus damages because negligence
attached to the said obligation.

The foregoing rules are applicable to personal obligations, obligations do or not to do, in case one,
some, or all of the prestations should become impossible.

195. I. In alternative obligations, the impossibility of all the objects due without the fault of the debtor
extinguishes the obligation.

II. In facultative obligations, the culpable loss of the object which the debtor may deliver in substitution
before the substitution is effected does not give rise to any liability on the part of such debtor.
A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

C. The creditor is entitled to indemnity for damages when through the fault of the debtor:

A. All the things which are alternatively the object of the obligation have been lost; or

B. The compliance of the obligation has become impossible.

The indemnity shall be fixed taking as a basis of the value of the last thing which disappeared, or that of
the service which last became impossible.

Damages other than the value of the last thing or service may also be awarded.

196. I. In alternative obligations, the nullity of one of the objects does not invalidate the obligation
which is still in force with respect to those which have no defect.

II. In facultative obligations, the nullity of the principal object invalidates the obligation, even if the
substitute object is valid.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

C. Effect of Loss or deterioration of substitute in facultative obligation

1. Before substitution
The loss or deterioration of the thing intended as a substitute, though the negligence of the obligor does
not render him liable.

Example:

X promised to give his only laptop to Y. Moreover, he obliged also to deliver his cell phone as a
substitute in case he cannot deliver the laptop. Subsequently, the cell phone was lost through the
negligence of X. What is the legal effect of this loss? X is still liable to deliver the laptop. This is because
what is due is still the laptop, the principal obligation as there was no substitution made.

What if the cause of the loss of the cell phone is through fortuitous event? Is the obligation extinguish? X
is still liable to deliver the laptop for the same reason that what is due is the laptop.

What if what was lost is the laptop? If the cause of loss is through fortuitous event, then the obligation is
extinguished but if the cause of loss is through the negligence of X, then he is liable for damages. Take
note there was no substitution yet. When is there substitution? There is substitution if the debtor
communicated to the creditor that he will deliver the cell phone (substitute thing) on maturity date.

2. After substitution

The obligor is liable for damages for the loss or deterioration of the substitute on account of his delay,
negligence or fraud because once the substitution is made the obligation is converted into a simple
obligation with the substitute thing as the object of the obligation.

Example:

X promised to give his only laptop to Y. Moreover, he obliged also to deliver his cell phone as a
substitute in case he cannot deliver the laptop. A few days before the due date, X informed Y that he will
not deliver the laptop and that he will deliver the cell phone on due date. Take note that after such
communication, the obligation became simple obligation and no longer facultative obligation. Thus, if
the cell phone was lost through the negligence of X then he will be liable for damages. Conversely, if the
cell phone was lost through fortuitous event, the obligation is extinguished.

197. The credit or debt is divided into as many shares as there are creditors or debtors, the credits or
debts being considered distinct from one another.

A. Alternative obligation
B. Facultative obligation

C. Joint obligation

D. Solidary obligation

C. Joint obligation is when the credit or debt is divided into as many shares as there are creditors or
debtors, the credits or debts being considered distinct from one another. Consequently, it is an
obligation where the whole debt is to be paid or fulfilled proportionately by the different debtors and/or
to be demanded proportionately by the different creditors (Art. 1208, NCC).

198. It is an obligation where the whole debt is to be paid or fulfilled proportionately by the different
debtors and/or to be demanded proportionately by the different creditors.

A. Joint obligation

B. Solidary obligation

C. Alternative obligation

D. Facultative obligation

199. I. In case of concurrence of two or more creditors or of two or more debtors in one and the same
obligation, and in the absence of express and indubitable terms characterizing the obligation as
solidary, the presumption is that the obligation is only joint.

II. It is incumbent upon the party alleging that the obligation is indeed joint in character to prove such
fact with a preponderance of evidence.

A. Only I is true

B. Only II is true
C. Both are true

D. Both are false

A. The Civil Code provisions establish that in case of concurrence of two or more creditors or of two or
more debtors in one and the same obligation, and in the absence of express and indubitable terms
characterizing the obligations as solidary, the presumption is that the obligation is only joint. It does
become incumbent upon the party alleging that the obligation is indeed solidary in character to prove
such fact with a preponderance of evidence (Salvador P. Escano and Mario Silos vs. Rafael Ortigas, Jr.,
G.R. No. 151953, June 29, 2007).

A joint obligation, which is defined as an obligation where there is concurrence of several creditors, or of
several debtors, or of several creditors and debtors, by virtue of which each of the creditors has a right
to demand, and each of the debtors is bound to render, compliance with his proportionate part of the
prestation which constitutes the object of the obligation. Article 1208 of the Civil Code mandates the
equal sharing of creditors in the payment of debt in the absence of any law or stipulation to the contrary
(Philippine Commercial International Bank vs. CA & Atlas Consolidated Mining & Development
Corporation, G.R. No. 121989, January 31, 2006).

200. The following are other terms interchangeably used with joint obligations, except:

A. Conjoint

B. Mancomunada

C. Mancomunada solidaria

D. Mancomunada simple

C. Other terms interchangeably used with joint obligations

1. “Joint” or “jointly”; or

2. “Conjoint” means mancum or mancomunada; or

3. “Mancomunada simple”

4. “Pro rate obligation”; or (Lafarge Cement Philippines, Inc., et.al., vs. Continental Cement
5. “Proportionate.”