OBLIGATIONS AND CONTRACTS Alternative and Facultative Obligations GQ 2.

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Section 3 
1. What are the kinds of obligation according to object? Define each.  
(1) Simple obligation – one where there is only one (1) prestation.
(2) Compound obligation – one where there are two (2) or more prestation.
(a) Conjunctive obligation – one where there are several prestations and all of them are due; or
(b) Distributive obligation – one where two (2) or more of the prestations is due. It may be:
(1) Alternative obligation. – One where several prestations are due but the performance of
one is sufficient.
(2) Facultative obligation. – One where only one prestation is due but the debtor may
substitute another.
2. Who has the right of choice in alternative obligations? 
- According to article 1200. The right of choice belongs to the debtor, unless it has been expressly
granted to the creditor.
3. What are the prestations that the debtor cannot choose? 
- The debtor cannot choose those prestations which are: (a) impossible, (b) unlawful, (c) which
could not have been the object of the obligation.
4. What is the effect if only one prestation is practicable in an alternative obligation? 
- The debtor has no more right of choice when, among the prestations whereby he is alternatively
bound, only one is applicable.
5. B promised C a sack of rice, a sack of sugar, or a house. Can B fulfil his obligation to C by giving
1/3 sack of rice, 1/3 sack of sugar, and whatever part of the house on which will be equivalent to 1/3
of its value? 
- B cannot fulfill his obligation, because according to article 1199. A person alternatively bound by
different prestations shall completely perform one of them.
6. What is the effect of the alternative obligation if the debtor communicates his choice of prestation to
the creditor? 
- According to Article 1201. The choice shall produce no effect except from the time it has been
communicated. Therefore it can be effective if the debtor communicate his choice of prestation
to the creditor.
7. What is the debtor’s option if through the creditor’s acts, the debtor cannot  make a choice according
to the terms of the obligation? 
- 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.
8. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B, all his
rice and sugar is burnt when the house was burnt by a fortuitous event?
- Then C cannot rescind the contract, C has no right to indemnify for damages when, it is not
through the fault of B.
OBLIGATIONS AND CONTRACTS Alternative and Facultative Obligations GQ 2.0
9. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B, all his
rice and sugar is burnt by B? 
- C therefore, can rescind the contract and shall have the right to indemnify for damages, when,
through the fault of B.
10. B promised C a specific ring, a specific horse, or B’s only house. What happens if the house is
destroyed by a typhoon which as a result the specific ring that was inside of it and was likewise
lost? 
- According to Art 1202, the debtor shall lose the right of choice when among the prestations
whereby he is alternatively bound, only one is practicable. Therefore, the debtor will lose all his
right of choice. It will become a simple obligation.
11. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if the ring and
the house is lost through the negligence of B? 
- According to Art 1202, the debtor shall lose the right of choice when among the prestations
whereby he is alternatively bound, only one is practicable. Therefore, the debtor will lose all his
right of choice. It will become a simple obligation.
12. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if a typhoon
destroyed the house and the ring and killed the horse? 
- Because of fortuitous event, all are destroyed. This means that the obligation is extinguished.
13. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if the ring, the
horse and the house is lost through the negligence of B? 
- Since the thing are lost through the fault of B, the value of last thing with damages must be given
to C.
14. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if a typhoon
destroyed the house and killed the horse and as a result made B depressed and later threw away the
ring?
- Since the house and horse was lost through the fortuitous event it is converted into a simple
obligation, which B is only liable for the ring.
15. B promised C a specific ring, a specific horse, or B’s only house. What is the effect if the ring and
the horse is lost through the negligence of B but later a typhoon destroyed the house of B?
- It is believed that B should not be held liable. Loss of the object of a simple obligation by
fortuitous event should, as a rule, extinguish any liability.
16. What is the basis of indemnity in case of loss of the objects of the obligation?
- The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that
of the service which last became impossible.
17. Is the creditor allowed to choose which prestation should be fulfilled?
- In alternative obligations, the right of choice, as a rule, belongs to the debtor. Nevertheless, the
debtor may expressly give the right of choice to the creditor. (Article 1200)
OBLIGATIONS AND CONTRACTS Alternative and Facultative Obligations GQ 2.0
18. What is the effect if the creditor communicated his option to the debtor?
- According to Article 1205. When the choice has been expressly given to the creditor, the
obligation shall cease to be alternative from the day when the selection has been communicated
to the debtor. Therefore, the effect of the creditor by the time he communicated his option to the
debtor, the obligation will become alternative from the day he communicated.
19. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B, all his
rice and sugar is burnt when the house was burnt by a fortuitous event? (the choice expressly given
to C)
- If the choice expressly given to C, It will remain to be alternative and the choice belong to the
creditor.
20. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B, all his
rice and sugar is burnt by B?  (the choice expressly given to C)
- If the choice expressly given to C, It will remain to be alternative and the choice belong to the
creditor.
21. B promised C a specific ring, a specific horse  or B’s only house. What happens if the house is
destroyed by a typhoon which as a result the specific ring that was inside of it and was likewise
lost?  (the choice expressly given to C)
- According to Article 1205 " When the choice has been expressly given to the creditor the
obligation shall cease to be alternative from the day when the selection has been
communicated". Therefore, the obligation of B shall be extinguished since all item are lost
through fortuitous event.
22. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if the ring and
the house is lost through the negligence of B?  (the choice expressly given to C)
- B may claim the horse or the price of the horse with a right to damages.
23. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if a typhoon
destroyed the house and the ring and killed the horse?  (the choice expressly given to C)
- Since all the things was destroyed through fortuitous event, the obligation of B shall be
extinguished.
24. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if the ring, the
horse and the house is lost through the negligence of B?  (the choice expressly given to C)
- Then C can demand the payment of the price of any of the ring, horse, and house with a right to
indemnity for damages, since it was all lost through the negligence of B.
25. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if a typhoon
destroyed the house and killed the horse and as a result made B depressed and later threw away the
ring? (the choice expressly given to C)
- B can demand the payment of the price of any of the horse and ring with a right to indemnity for
damages.
OBLIGATIONS AND CONTRACTS Alternative and Facultative Obligations GQ 2.0
26. B promised C a specific ring, a specific horse  or B’s only house. What is the effect if the ring and
the horse is lost through the negligence of B but later a typhoon destroyed the house of B? (the
choice expressly given to C)
- Then C can demand the payment of the price of any of the ring or the horse with a right to
indemnity for damages, since it was lost through the negligence of B.
27. What is the basis of indemnity in case of loss of the objects of the obligation?
- The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that
of the service which last became impossible.
28. Is the creditor allowed to choose which prestation should be fulfilled?
- According to Article 1200, the debtor shall have no right to choose those prestations which are
impossible, unlawful or which could not have been the object of the obligation. Therefore, if the
choice is expressly given to the creditor then he also don’t have the right to choose those
prestation that is impossible, unlawful, and that could not have been the object of the obligation.
29. What is the effect if the creditor communicated his option to the debtor?
- According to Article 1205. When the choice has been expressly given to the creditor, the
obligation shall cease to be alternative from the day when the selection has been communicated
to the debtor.
- If the creditor already communicated his option to the debtor then the debtor is bound to follow the
responsibility and the rules in the preceding articles of 1205.
30. What is a facultative obligation?
- Is one where only one prestation has been agreed upon but the obligor may render another in
substitution.
31. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B destroyed the Ferrari. What is the effect of this transaction?
- B can give his Lamborghini car as a substitute to Ferrari since it was agreed by B and C.
32. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B destroyed the Lamborghini. What is the effect of this transaction?
- B can give his Ferrari car to C because the loss of Lamborghini as a substitute is not due.
33. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B communicated to C that he will give the Lamborghini. After the
communication B destroyed the Ferrari. What is the effect of this transaction?
- B can deliver his Lamborghini to C since B already communicated to C.
34. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B communicated to C that he will give the Lamborghini. After the
communication B destroyed the Lamborghini. What is the effect of this transaction?
OBLIGATIONS AND CONTRACTS Alternative and Facultative Obligations GQ 2.0
- According to article, the substitution becomes effective from the time it has been communicated.
In this situation, the car was lost through the fault of B therefore he is liable to damages of
Lamborghini.
35. Distinguish Facultative and Alternative obligations.
(1) Number of prestations. – In the first, several prestations are due but compliance with one is
sufficient, while in the second, only one (1) prestation is due although the debtor is allowed
to substitute it.
(2) Right of choice. – in the first, the right of choice may be given to the creditor or third
person, while in the second, the right to make the substitution is given only to the debtor.
(3) Loss through a fortuitous event. - in the first, the loss of one or more of the alternatives
through a fortuitous event does not extinguish the obligation, while in the second, the loss of
the thing due extinguishes the obligation; and
(4) Loss through fault of the debtor. –
(a) In the first, the loss of one of the alternatives through the fault of the debtor does not
render him liable, while in the second, the loss of the thing due through his fault makes
him liable.
(b) In the first, where the choice belongs to the creditor.
36. B promised C a specific ring, a specific horse  and B’s only house. What is the effect if the ring and
the horse is lost through the negligence of B but later a typhoon destroyed the house of B?
- Since it is through the negligence of B, C can demand the payment of the price of any one of the
thing with a right to indemnity for damages.