Name: Corvera, Marivic D.

_________________________________ Date:
9/4/2021________
Course & Year: BS Accountancy 1_ Gr. no. & Class Sched: Group 12 12:00-1:30 PM

Law on Obligations and Contract

Activity No. 4

I. Definitions
Define or give the meaning of the following:
1. Alternative obligation;
- Alternative obligation is one where out of two or more prestations which may be
given, only one is due. Meaning, there are several things due but the delivery of one is
sufficient to extinguish the obligation. In addition, the right of choice may pertain even to the
creditor or to a third person.
2. Facultative obligation;
- It is one where only one prestations has been agreed upon but the debtor may give
another object as a substitute. Moreover, the right of choice pertains only to the debtor.
3. Conjunctive obligation.
- Conjunctive obligation or joint obligation is one where the whole liability is to be paid
or fulfilled proportionately by the different debtors and/or is to be demanded proportionately
by the different creditors.

II. Discussions
1. What are the limitations on the right of choice of the debtor in alternative obligations?
Illustrate one such limitation.
The limitations on the right of choice of the debtor in alternative obligation are those
prestations, which are impossible, unlawful, and those which could not have been the object of
the obligation. An example of an impossible prestation of obligation is when A obliges himself
to deliver to B a can of carabao milk taken from a cow.
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.
 - If D (debtor) is ask to comply by S (creditor) to deliver a refrigerator when the loss of
object is not equivalent to what is originally the principal object loss by D (debtor) is, debtor
have the right of choice to either comply or demand to rescind the contract with damages.
3. State the legal effects in case:
(a) some of the objects of the obligation are lost through the fault of the debtor
who has the right of choice;
- If loss of objects is due to debtor’s fault and in the case where two or more
objects remain, the debtor can choose which one to deliver among the two but no damages. In
another scenario where only one object remains, there is no more alternative obligation but a
pure and simple obligation. What he should deliver is the remaining object but no damages
incurred.
(b) all are lost through his fault.
- If loss of objects is due to debtor’s fault in the scenario where all objects are
lost, the obligation is converted into monetary consideration as indemnity for damages taking
into consideration the value of the last thing lost plus damages.

III. Problems
Explain or state briefly the rule or reason of your answer.
1. D (debtor) borrowed P10,000 from C (creditor). It was agreed D could pay P10,000 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?
- Yes, as implied in Art. 1196 by the exceptions to the general rule wherein the term is
for the benefit of the debtor alone it is stated that the debtor cannot be compelled to pay
prematurely, but he can, if he desires to do so. Moreover, given the case that debtor have right
of choice as allowed by C.
2. Under a contract, X (obligor) promised to deliver 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.
- The liability of X if loss is due to his fault and the right to choice belongs to
the creditor, the scenario applies if two or more remain, the obligation is still alternative, the
right of the creditor to choose between the two remaining objects with damages. However, if he
chooses the lost object, then X is liable for the value plus damages.
(b) all items are lost or destroyed?
 - In the case where all items are lost or destroyed, the obligation is converted
into monetary consideration taking into consideration the value of any of the objects chosen
by the creditor because he is given the right of choice plus 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?
- Yes, this fall under facultative obligation. Specifically, where the principal thing if by
chance is lost through debtor’s fault will still be held liable for damages since it is the TV set
that is due and not the substitute, but in the case the substitute is lost only in that
circumstances that the debtor is not rendered liable.