I.

Definitions
Define or give the meaning of the following:
1. Alternative Obligation; one in which numerous prestations are due but one
performance is sufficient.
2. Facultative Obligation; one in which just one prestation is required but the
debtor has the option to replace another
3. Conjunctive Obligation; one in which there are numerous prestations and all
of which are due

II. Discussions
1. What are the limitations on the right of choice of the debtor in alternative
obligations? Illustrate one such limitation
The debtor cannot choose those prestations which are:
a. Impossible – Mila obliged herself to deliver Marsha a GTX JBP-1103 5
Piece Drum, or an IKER Intelligent Electric Piano, or a brand new 2015
Gibson Les Paul Supreme Florentine Limited Edition electric guitar. Mila
cannot choose to deliver a Brand New 2015 Gibson Les Paul Supreme
Florentine Limited Edition electric guitar since from its nature, it is a
limited edition and has not been produced since 2015.

b. Unlawful – Gail promised to deliver Sevi a 24 carat gold ring, or a Mazda

CX-30, or an elephant ivory. Gail cannot choose to deliver an elephant
ivory since this has been banned and is already illegal.

c. Could not have been the object of obligation – Z borrowed an amount

of ₱75,000 to Y. It was agreed that Z will give Y ₱75,000 or an iPhone 13
Pro Max 256GB. However, Z has 2 iPhone 13s one purchased 2 years ago
which has a battery health of 80% and one just recently purchased with no
damages. Z cannot choose to deliver the iPhone purchased 2 years ago
since this has been already depreciated and is not already the object of
obligation.

d. Only one prestation is practicable – Nani has an obligation to deliver to

Nono a parcel of her land, her car or her house. If the her car and her
house were lost due to fortuitous event, she has one more choice to deliver
her parcel of land since this is the only choice practicable.

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.
 This is an implication of Article 1203 which states, if through the creditor’s
acts, the debtor cannot make a choice according to the terms of the obligation,
the debtor may rescind the contract with damages.

III. Problems
Explain or state briefly the rule or reason for your answer.

1. D (debtor) borrowed ₱10,000 from C (creditor). It was agreed that D could

pay ₱10,000 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?
D can no longer change or revoke his period since his choice has been
properly made and communicated, not unless he is consented by C. This is
rule is shown under Article 1201, Communication of notice that choice has
been made, number 1 effect of notice, letter b, which states that such choice
once properly made and communicated is irrevocable and cannot, therefore,
be changed by either party without the consent of the other.

2. Under a contract, X (obligor) promised to deliver to Y (oblige) 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

X has the liability to pay the price of item two with damages or he may
be only be demanded to perform his obligation, which is to deliver
item one or item three. This rule is shown in Article 1205 number 2
which states that, 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

X has the liability to pay any of the things lost, upon the choice of Y
and of course he is liable to pay for damages of that thing lost chosen
by Y because as the rule is shown in Article 1205 number 3 which
states that, if all the things ae 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
his refrigerator. Is S liable to B in case the TV is lost through S’s fault?
According to the Effects of obligation under Article 1204 , number 1 – some
of the objects, S is not liable since he has the right of choice and the obligation
can still be performed, which in this case is the delivery of his refrigerator.

. Definitions
Define or give the meaning of the following:
1. Joint obligation - where the whole obligation is to be paid or fulfilled
proportionately by the different debtors and demanded proportionately
by the different creditors.
2. Solidary obligation - where each one of the debtors is bound render,
and/or each creditor has the right to demand from any of the debtors,
the entire compliance with the prestation
3. Active solidarity - one of the solidary creditors can demand the payment
or performance of the entire obligation from the debtor or any of the
debtors. (There is mutual representation w/ power to exercise the rights
of others in the same manner as their own rights)
4. Joint indivisible obligation - the debtors are bound only to the extent of
their share in the obligation which can only be performed totally or
completely, not partially
5. Solidary divisible obligation - parties are merely proportionately liable to
the object/subject matter which are physically divisible into different
. Definitions
Define or give the meaning of the following:
1. Joint obligation - where the whole obligation is to be paid or fulfilled
proportionately by the different debtors and demanded proportionately
by the different creditors.
2. Solidary obligation - where each one of the debtors is bound render,
and/or each creditor has the right to demand from any of the debtors,
the entire compliance with the prestation
3. Active solidarity - one of the solidary creditors can demand the payment
or performance of the entire obligation from the debtor or any of the
debtors. (There is mutual representation w/ power to exercise the rights
of others in the same manner as their own rights)
4. Joint indivisible obligation - the debtors are bound only to the extent of
their share in the obligation which can only be performed totally or
completely, not partially
5. Solidary divisible obligation - parties are merely proportionately liable to
the object/subject matter which are physically divisible into different
I. Definitions
 Define or give the meaning of the following:
1. Joint Obligation – Where the full obligation is to be paid or
completed proportionally by the individual debtors and demanded
proportionately by the different creditors.
2. Solidary Obligation – Where each debtor is obligated to render,
and/or each creditor has the ability to demand full compliance with the
prestation from any of the debtors.
3. Active Solidarity – Creditors' solidarity, when one of them can
demand that the full obligation be fulfilled.
4. Joint indivisible obligation – Debtors are only obligated to the
amount of their portion of the obligation, which may only be
completed wholly or entirely, not partially.
5. Solidary divisible obligation – Parties are only responsible in
proportion to the object/subject matter, which is physically divisible
into separate portions.

II. Discussions

1. If there are two or more debtors in one and the same obligation, is their
liability joint or solidary? Explain
Their liability is joint since Article 1207 states that when there are two or
more debtors under one and the same obligation, the assumption is that the
obligation is joint, and each debtor is accountable only for the proportional
part of the debt.

2. In case of active solidarity, to whom shall the debtors make payment?

According to Article 1214, in case of active solidarity, the debtors may pay
any one of the solidary creditors, but if any demand, judicial or extrajudicial,
has been made by one of them, payment should be made to that particular
creditor.

3. Give the effect of the condonation or remission of a debt by one of several

creditors where:
(a) The obligation is joint;
According to Article 1215, the condonation will solely affect the
debtor's portion. Furthermore, the obligation will not be extinguished,
and the other co-debtors will still be required to meet their respective
portions.

(b) The obligation is solidary;

 Article 1215 states that the portion of the obligation that is
condoned or remitted is extinguished. It is now the creditor who made
the condonation/obligation remission's to be answerable to his co-
creditors for their corresponding fractions.

4. In case a remission is made by a creditor of the share of one of the solidary

debtors, is the said debtor released from responsibility to his co-debtor/s?
Explain.
No, the debtor is not released from his responsibility to his co-debtors because
as what Article 1219 discusses, the remission made by the creditor of the
share which affects one of the solidary debtors does not release the latter from
his responsibility towards the co-debtors, in case the debt had been totally
paid by anyone of them before the remission was effected. Moreover, if
payment was made beforehand, the remission of waiver is no effect.

5. Suppose a solidary debtor obtained remission of the whole obligation, is he

entitled to reimbursement from his co-debtors/s? Explain.
Article 1220 states that the remission of the whole obligation obtained by one
of the solidary debtors, does not entitle him to reimbursement from his co-
debtors since he, who obtains remission, pays nothing to the creditor.

IV. Problems
Explain or state briefly the rule or reason for your answer.

1. X,Y, and Z bind themselves to pay W ₱30,000. Only X received the

money as per agreement between X, Y, and Z. On the due date of the
obligation, has W the right to demand the full payment of ₱30,000 from Z
alone?
According to Article 1207, sentence one, the concurrence of two or more
creditors or of two or more debtors in one and the same obligation does
not imply that each one of the former has a right to demand or that each
one of the latter is bound to render, entire compliance with the prestation.
Article 1208 states that if from the law, or the nature or the wording other
obligations to which the preceding article refers, the contrary does not
appear, the credit or debt shall be presumed to be divided into as many
equal shares as there are the creditors or debtors, the credits or debts being
considered distinct from one another, subject to Rules of Court governing
the multiplicity of suits. Thus, this provides that W has no right to demand
full payment of ₱30,000 from Z alone since the debtors’ liability is joint.
2. X,Y, and Z promised to pay W solidarily ₱30,000 on or before September
10 without need of demand. On September 9, X paid the whole ₱30,000 to
W.
(a) How much can X collect from Y and Z?
According to Article 1217 paragraph 2, X can collect from his
co-debtors the share that corresponds to all their shares which
basically is ₱10,000 respectively.

(b) May X collect interests from Y and Z?

X cannot collect interests from Y and Z since he paid the
obligation before the due date. This can be supported
accordingly to Republic Act 386 of the Civil Code, which
states that the payment made before the debt is due requires no
interest for the intervening period be demanded.

(c) Suppose Z turns out to be insolvent. How much can X collect

from Y. Article 1217 paragraph 3 states that when one of the
solidary debtors cannot, because of his insolvency, reimburse
his share to the debtor paying the obligation, such share shall
be borne by all his co-debtors, in proportion to the debt of each.
This means that X can collect ₱15,000 from Y.

3. A owes B and C, solidary creditors, the sum of ₱20,000

(a) Can C condone the debt without the consent of B?
Yes, C can condone the debt without the consent of B because
Article 1212 states that each one of the solidary creditors may
do whatever may be useful to the other, but not anything which
may be prejudicial to the debtor. However in this case, C is
liable to B upon the reimbursement of B’s share.

(b) Can C assign his rights without the consent of B?

No, C cannot assign his rights without the consent of B because
as solidary creditors, each creditor represents the other. This
can be supported by Article 1213 that states, a solidary creditor
cannot assign his rights without the consent of the others.

4. A,B, and C are solidarily liable to D. For their failure to pay, D filed a
complaint in court but only against C. Has C the rights to demand that A
and B be also included as party defendants?
According to Article 1216 first sentence, the creditor may proceed against
any one of the solidary debtors or some or all of them simultaneously.
 This essentially implies that C has no authority to request from D that A
and B be added as party defendants since C, as a solidary debtor, can be
compelled to pay the whole obligation.

5. A,B, and C, co-owners, sold a printing equipment to D. They solidarily

bound themselves to deliver the equipment on a certain date. Through the
fault of C, the equipment was completely destroyed. Give the rights and
obligations of the parties.
According to Article 1221 paragraph 2, If there was a fault on the part of
any one of them, all shall be responsible to the creditor, for the price, and
the payment of damages and interest, without prejudice to their action
against the guilty or negligent debtor. Basically, A,B and C are
responsible, as a mutual agency, to D for the cost of the equipment as
well as any damages, even if A and B were not at fault. However, if A and
B have already contributed to the price of the truck, they can recover the
whole amount of such price and damages from C, the guilty or negligent
debtor. If D recovers the price and damages from C, C cannot seek
compensation from A and B because he was alone at blame.