OTHER KINDS OF
If the obligation is solidary and
OBLIGATIONS
@ ALTERNATIVE OBLIGATION
there are options, to which
obligations may be extinguish by
accomplishing only one of those
given options.
Example: I will give you either of
my Fountain pen, Starbucks
Tumbler, or my Induction Cooker.
ART 1199
dapat ang whole jud nga naa sa
option like dili pwede nga ang takob
ra sa tumbler or case ra sa fountain
pen ang ihatag.
As well as the creditor is not bound
to receive only the part of one of the
options.
ART 1200
the right to choose is given to the
DEBTOR, unless it is EXPRESSLY
granted to the creditor.
Limitations: debtors cannot choose
an option which is impossible,
unlawful, or outside of the object of
obligation
* it must be performed completely
* if usa ray practical nga I give, mao
rasay dapat I perform and no more
alternates, that’s the time it became
PURE and SIMPLE.
Example: I promised to give either
a puppy or a kitten. Then later on
the puppy dies. So the kitten will be
only one I will be able to give you,
since there’s no sense to give you a
puppy kay namatay naman.
✦ REQUISITES FOR MAKING A
CHOICE:
* Made Properly
* Made with full knowledge
* Made Voluntarily and Freely
* Made in Due Time
* Made to all the proper persons
* Made without conditions
* May be Waived
ART 1201
the choice shall produce no
effect except if it is communicated
by Oral or in Writing.
Effect:
the alternative will convert into a
pure and simple obligation
GENERAL RULE: Creditor’s
consent is not required.
EXCEPTIONS:
1. if the chosen prestation is not the
object of the obligation, so the
creditor’s consent is required.
2. If Joint obligation, consent of all
is required
3.
there is no stipulation by the other. - ang indemnity shall be fixed base
sa value sa last thing nga nawala
Effect of delay to make a choice:
ART 1205
First View - the court will decide for choice belongs to creditor
him or the creditor.
- If all things lost through the fault of
Second View - because of his the debtor, the creditor may choose
failure to decide, the other party the price of any of the options for
may constitute a waiver on his part. indemnity.
ART 1202
WHEN ALTERNATIVE
OBLIGATION BECOMES
CONVERTED INTO SIMPLE
OBLIGATION
* After the choice has been
Communicated
* If only one prestation is
practicable
ART 1230
If the debtor cannot make a
decision because of the creditor’s
acts, he may rescind the contract
with damages.
RULES IF DEBTOR BINDS
HIMSELF TO ALTERNATIVELY
DELIVER THREE THINGS
ART 1204
Choice belongs to debtor
- because of the debtor’s acts, the
objects has been lost or impossible
to comply, the creditor has the right
to indemnity for damages

@FACULTATIVE OBLIGATION
ART 1206
There’s only one thing due, but you can
have a substitute of the principal
obligation.
If mawala ang ang substitute, dili ra
liable si debtor kay naa may principal
obligation, but once gi pili ang sibsitute
tapos nawala, diha na mahimong liable
si debtor.
EFFECT OF LOSS OF THING
BEFORE SUBSTITUTION
- loss of the substitute is immaterial
since naa man lagi pay principal
obligation.
Needed I deliver ang principal
obligation.
AFTER SUBSTITUTION
- what is due is the substitute so loss of
the principal is immaterial.
Alternative obligation
- the right to choose belongs to the
debtor or creditor
Facultative Obligation
- the right to choose belongs to the
debtor only.
@JOINT VS SOLIDARY
JOINT
I divide into as many numbers of
debtors and creditors
Pro-rata, proportionate, mancomunada,
mancomunada simple
SOLIDARY
the debtors are bound to the entire
thing, and creditors has also the right to
the entire thing.
They are always joint
In solidum, Jointly and severally,
Individually and Collectively,
Mancomunada solidaria
EXAMPLE:
duha ka creditor solidary sila, duha ka
debtor joint pud sila.
Since solidary ang creditor, pwede sila
maka collect entire the amount of
100,000 BUT
joint man ang debtor! So maka collect
sila 50,000 ni debtor A ihatag niya ni
Creditor A
niya 50,000 ni debtor B ihatag ni
Creditor B
Kung puros pud sila Solidary, pwede
maka collect si Creditor A sa entire
amount gikan ni Debtor A
BUT di ma ‘ako’ tanan ni A iya ning I
tunga ni B.
kani, since si Debtor A man ni baya sa
tanan utang, pwede maka kolekta si
Debtor A ni Debtor B.
ART 1207 to all
Presumption of the is always joint.
There is Solidary liability only when the NOTE: basta walay labot ang uban
obligation expressly states, or when the debtor sa mga gibuhat sa usa.kay fixed
law or the nature of the obligation namn.
requires solidarity.
ART 1208
PRESUMPTION: JOINT
-I divide
EXCEPTIONS:
1. Law requires solidarity
2. Stipulated by the parties
3. Nature of the obligation requires
solidarity
WHEN THE LAW REQUIRES
SOLIDARITY
* Partnership - quasi delict
* agency
* solutio indebiti
* devices and legatees
-succession, if naay mamatay nga naay
last will ang device may binlan sa
personal property niya ang legatee
binlan sa real property.
* bailees in commodatum
-law on credit transactions
FEATURES OF JOINT LIABILITY
* Insolvency of one debtor does not
make the others liable
*vitiated consent on the part of one
debtor does not affect the other
* Demand made to one is not a deman
@DISJUNCTIVE OBLIGATION
relates to joint and solidary obligation.
If there is more debtors and creditors,
but they are namen alternatively.
EXAMPLE: D binds himself to pay
10,000 either to C1 or C2.
D1 or D2 will pay C 10,000
ART 1209
JOINT INDIVISIBLE OBLIGATION
the subject matter cannot be divided,
the tie is joint.
NOTE: If silent, Joint
CHARACTERISTICS
* demand must be made to all the joint
debtors
* creditor must proceed against all the
joint debtors
* if one of debtors is insolvent, the other
shall not be liable of his share
* NOTE: if one is insolvent, the
obligation will be converted into a
monetary one.
So if usa ray able and willing, iyang
share kay ma convert monetarily and
katong usa nga dili willing and is not
able, makasuhan.
ART 1210
indivisibility of an obligation does not
necessarily give rise to solidarity nor
does solidarity of itself imply
indivisibility.
NOTE: JOINT AND SOLIDARY -refers
to the ties between the parties
DIVISIBLE AND INDIVISIBLE - refers
to the thing
Joint divisible: D1 and D2 are jointly
liable to X for 10,000
Solidary divisible: D1 and D2 are
solidary bound to X for 10,000
Solidary indivisible: D1 and D2 are
solidarily bound to give X a specific car
3 KINDS OF SOLIDARY
ACTIVE
- solidarity among creditor
PASSIVE
- debtors
MIXED
- mixture of both
ART 1211
solidarity may exist although the
creditors and debtors may not be
bound in the same manner and by the
same periods and conditions
If solidary you can claim any of them
even if it is not bound to the same
periods and conditions
ART 1212
MUTUAL AGENCY RULE
each one of solidary creditors may
dowhatever may be usefule to the
othersbut not anything which may be
prejudicial to the latter.
USEFUL:
D1 and D2 are solidarily liable to C1
and C2 for 10,000 due on on july 25. on
the said date, C1 may demand
payment from any of the debtors.
PREJUDICIAL:
C1 cannot renounce the obligation of
D1 and D2 to pay 10,000. C1 cannot do
so, otherwise, C1 would answer for the
share of C2 which is 5,000
si C1 man nagpasaylo maong siyay mo
bayad sa iyang partner nga si C2
ART1213:
ASSIGNMENT OF CREDITOR’S
RIGHT
a solidary creditor cannot assign his
right without the consent of the other.
NOTE: prohibition on assignment is
invalid if made by a Third person, if co-
debtor kay valid ra.
ART 1214
TO WHOM DEBTOR MUST PAY
GENERAL RULE: anyone of the
solidary creditors
EXCEPTIONS:
* one demanding judicially or
extrajudicially
* if two or more demanded, to the
creditor who first demanded
* if at the same time balik sa general
rule
ART 1216
AGAINST WHOM CAN A SOLIDARY
CREDITOR DEMAND PAYMENT
the creditor may proceed against
anyone or some or all of them
simultaneously.
Ok ra mo demand sa lain masking
mana kag demand sa usa basta lang
kay wa pa niya nabayran iyang part
ART 1215
NOVATION, COMPENSATION,
CONFUSION OR REMISSION
to novate means to change the
obligation
to compensate means to offset.
EXAMPLE: sa 1st conract akoy utangan
tapos ikaw may bayrananan
sa 2nd contract, ako puy bayrananan
niya ikaw puy utangan
so kani, di nalng ta mag singilay para
tabla lang
To confuse means to merge. Anf
utangan mao na nuoy mangulekta???
to remit means to waive, abandon, or
pasayluon. Kung gipasaylo sa usa sa
mga creditor ang debtor, katong ni
pasaylo may mo bayad sa isa.
Any of this acts should be liable to the
others.
ART 1219
EFFECT OF REMISSION
kung gipasaylo ang usa ka debtor out
of 2, katong wa gipasaylo di pwede
mag pabayad kay abig siya nay ni
bayad in full.
ART 1221:
EFFECT OF LOSS/IMPOSSIBLITY
* identify the cause of the loss

RULES:
* without fault or due to fortuitous event
-no liability attach except if there is
default or dealy

*with fault
- liable for the value plus damages plus
interest

ART 1218:
EFFECT OF PRESCRIPTION OF
ILLEGALITY
through the lapse of time nawala ang
obligation.

10 years if the contract is written

6 years if the contract is verbal

note: if naka bayad na, bisan pa og wa
ka kahibaw nga na prescribe ang
contract di siya ka ask for
reimbursement for his co-debtors.

ART 1222:
EXAMPLES OF DEFENSES:
* derived from the nature of obligation
* personal to debtor
* defenses personal to his co-debtor

@DIVISIBLE AND INDIVISIBLE

CONCEPTS:

DIVISIBLE OBLIGATION
- can be divided

INDIVISIBLE OBLIGATION
- not capable of partial performance