ARTICLE 1199
A person alternatively bound by different
prestations shall completely perform one of
them.
The creditor cannot be compelled to receive part
of one and part of other undertaking (1131)
Kind of obligation according to object
(I) Simple obligation – only one
prestation
Ex. Kim promised to repair the car of Grey.
(It’s simple as that one prestation or object
of obligation)
(II) Compound obligation – two or
more prestations
- It may either Conjunctive
obligation or Distributive
obligation.
Conjuctive obligation – there are
several prestations and all of them
are due
Distributive obligation – where two
or more of the prestation is due
- It may either Alternative or
Facultative obligation
Alternative obligation – one wherein several
prestations are due but the payment or
performance of one of them would be sufficient.
- Out of this 2 or more
prestations that can be given;
the delivery of one is sufficient
to extinguish the obligation
Ex. X promise D to deliver his car, or his ring, or
his house on December 25.
Explanation: X does not have to give all of these
things enumerated. At least one of the three
things will sufficient to satisfy the obligations to
extinguish, because of its fulfilment.
ARTICLE 1200
The right of choice belongs to the debtor unless
it has been expressly granted to the creditor.
General rule: the debtor will be one who decide
but it can also be the creditor if that is what was
discussed
Ex. X promise D to deliver his car, or his ring, or
his house on December 25. If in this contract
between X and D, there is nothing about who
has the right of choice. But D wants the car to
be given to her, so D already demanding the car
to deliver it to her.
Explanation: In this situation X are not bound by
the choice of D because it is not D as a creditor
who is given the right of choice absent in his
stipulations. So automatically by the application
of this article X has the right of choice.
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.
Ex. X promise D to deliver his car, or his house,
or 1 kilo of shabu, or star in the sky.
Explanation: X cannot choose the third which is
1 kilo of shabu because it’s unlawful or illegal and
he can’t choose the fourth either which star in
the sky because obviously its impossible. So, X
options is either his car or his house.
ARTICLE 1201
The choice shall produce no effect except from
the time it has been communicated.
(I) Effect of notice – until the choice is
made and communicated, the
obligation remains alternative.
- There is no particular form
required in giving notice; by
letter, call, text or verbal
communication.
 (a) Once the notice of the election has been
given to the creditor, the obligation
ceases to be alternative and become
simple obligation.
(b) Such choice once properly made and
communicated is irrevocable and cannot,
therefore, be changed by either party
without the consent of the other. The
concurrence of the creditor to the choice
made by the debtor is not required. (art.
1200)
Ex. It’s that X would deliver the car to D. X can't
tell D the next day that he will give the house and
not the car. It just depends on D if she agrees.
But as the rule, your choice cannot be revoked.
ARTICLE 1202
The debtor shall lose the right of choice when
among the prestations whereby he is
alternatively bound, only one is praticable.
➢ When was the Debtor loses the right of
choice?
The obligation is converted into a simple
obligation
Ex. X promise D to deliver his car, or his house,
or 1 kilo of shabu, or star in the sky.
Explanation: Choice 3 and 4 is illegal and
impossible. Now they experience earthquake
and the house collapse and that’s before the
choice was made, all that’s left is the car. So, X
can deliver only the car. Article 1202 provides
that in that case the debtor loses the right of
choice.
➢ What is the effect when only one
prestation is practicable
ARTICLE 1203
If through the creditor’s acts the debtor cannot
make a choice according to the terms of the
obligation, the latter(debtor) may recind the
contract with damages.
Ex. P promise to teach G, Obligations and
contracts for the year 2024 or to buy her a car or
a house. Now in 2024, G go to abroad and can’t
contact anymore by P. So P has lose his chance
to choice the 1st option because obviously the act
of G since she goes abroad and can’t contact
anymore. So, P has the right to recind the
contract plus the claim damages.
ARTICLE 1204
The creditor shall have a right to indemnity for
the damages when, through the fault of the
debtor, all the things which are alternatively the
object of the obligation have been lost, or the
compliance of the obligation has become
impossible.
General rule: If the things is lost or damage due
to fortuitous event the obligation is extinguish.
The indemnity shall be fixed taking as a basis the
value of the last things which disappeared, or
that of the serviced which last became
impossible.
Damages other than the value of the last thing or
service may also be awarded. (1135a)
Ex. Pogi obliged himself to deliver to Ganda
either object 1,2, or 3.
If object 1 & 2 were lost due to the fault of the
debtor, Pogi is obliged to deliver the not lost one
which is object 3 and converted to simple
obligation.
If all objects were lost due to the fault of the
debtor (Pogi), the value of the last thing that lose
with the damages are need to deliver by Pogi to
ganda.
If the object 1 & 2 is lost through the fault of
Pogi (debtor) by fortuitous event and the object
lost by fortuitous event, Pogi has the right in the
world to destroy or lost the object 1 & 2 since he
was free not to select them. Only means Pogi
choose object 3 to deliver to Ganda, by that the ARTICLE 1206
obligation is converted to simple.
FACULTATIVE OBLIGATIONS
ARTICLE 1205
When only one prestation has been agreed upon,
When the choice has been expressly given to the but the obligor may render another in
creditor, the obligation shall cease to be substitution, the obligation is called facultative.
alternative from the day when the selection has
Ex. Pogi promise to give Ganda a car, but it was
been communicated to the debtor.
also stipulated that Pogi could give his house as
Until then the responsibility of the debtor shall a substitute.
be governed by the following rules:
Explanation: In this obligation only, the car is
(1) If one of the things is lost through a fortuitous due and the house is not included because house
event, he shall perform the obligation by is just a substitute.
delivering that which the creditor should choose
The loss or deterioration of the thing intended as
from among the remainder, or that which
a substitute, through the negligence of the
remains if only one subsists;
obligor, does not render him liable. But once the
(2) If the loss of one of the things occurs through substitution has been made, the obligor is liable
the fault of the debtor, the creditor may claim for the loss of the substitute on account of his
any of those subsisting, or the price of that which, delay, negligence or fraud.
through the fault of the former, has disappeared,
Ex. Pogi promise to give Ganda a car, but it was
with a right to damages;
also stipulated that Pogi could give his house as
(3) If all the things are lost through the fault of a substitute.
the debtor, the choice by the creditor shall fall
Explanation: If lost or deteriorated intended as a
upon the price of any one of them, also with
substitute Pogi is not liable, since it’s only a
indemnity for damages.
substitute
If all of the things lost by a fortuitous event the
If the substitution has been made which Pogi
obligation, Article 1174 shall apply the obligation
now obliged to deliver the house rather than car
is extinguished.
to Ganda. Then the obligor (Pogi) is liable for the
Ex. Pogi obliged himself to deliver object 1,2, or lost of the substitute; If it is lost through Pogi’s
3 to Ganda, at Ganda’s(creditor) option. Before negligence, delay, or fraud.
Ganda communicated his choice, object 1 is lost
by Pogi, and object 2 by a fortuitous event
(earthquake). Ganda can demand either object
no. 3 or price of object no. 1 with damages. It is
because Ganda has been deprived of the right to
select.

Ganda cannot ask the price of the object no. 2

since it’s lost by a fortuitous event.

The same rules shall be applied to obligations to

do or not to do in case one, some or all of the
prestations should become impossible. (1136a)