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ART. 1199.

A person alternatively bound by different GR- the debtor cannot choose those prestations or
prestations shall completely perform one of them. undertakings which are impossible, unlawful or which
could not have been the object of the obligation.
The creditor cannot be compelled to receive part of one
and part of the other undertaking. Art. 1201. The choice shall produce no effect except
from the time it has been communicated.
(1) Simple obligation. — one where there is only one
prestation, e.g., S obliged himself to deliver to B a piano; Once the notice of the election has been given to the
S promised to repair the car of B. creditor, the obligation ceases to be alternative and
becomes simple.
(2) Compound obligation. — one where there are two
or more prestations. It may be. Such choice once properly made and communicated is
irrevocable and cannot, therefore, be renounced
(a) Conjunctive obligation. — one where there
are several prestations and all of them are The burden of proving that such communication has
demandable; or been made is upon him who made the choice. The law
does not require any particular form regarding the
(b) Distributive obligation. — one where one of
giving of notice. It may, therefore, be made orally or in
two or more of the prestations is demandable.
writing, expressly or impliedly
It may be alternative (Art. 1199.) or facultative.
(Art. 1206.) Ex: A’s house and merchandise were burned and these
properties are insured by R, an (insurance company).
Alternative when it comprehends several objects or
prestations which are due, but it may be complied with The policy contained option, where in R may reinstate or
by the delivery or performance of only one of them. replace the property damaged instead of paying the
amount of loss or damaged but the company shall not
Ex: D borrowed from C P10,000. It was agreed that D
be bound to replace exactly or completely but only to
could comply with his obligation by giving C P10,000, or
circumstances it permits and the company shall not be
a color television set, or by painting the house of C.
bound to expend more than the cost of property. Nor
Facultative when it comprehends only one object or more than the cost of insured.
prestation which is due, but it may be complied with by
Thus the obligation of R is alternative, that it may either
the delivery of another object or the performance of
pay the insured value or rebuilt it. R must notify A and A
another prestation in substitution.
must be given opportunity to express consent or impugn
Ex: the election made by R, the time after the said notice
was consented by A, that is only the time it will take
Art. 1200. The right of choice belongs to the debtor, effect.
unless it has been expressly granted to the creditor.
ART. 1202. The debtor shall lose the right of choice
The debtor shall have no right to choose those when among the prestations whereby he is
prestations which are impossible, unlawful or which alternatively bound, only one is practicable. (1134)
could not have been the object of the obligation.
If more than one is practicable, it is Article 1200 that will
=Right of Choice in Alternative Obligations apply. The obligation is still alternative because the
GR- The right of choice belongs or pertains to the debtor still retains the right of choice. Under Article
debtor. 1202, if only one is practicable (e.g., the others have
become impossible), the obligation is converted into a
Ex: A barrowed 100,000 to B, executed a promissory simple one.
note that A can fulfill his obligation either paying the
100,000 or deliver the car at an appraised evaluation. ART. 1203. If through the creditor’s acts the debtor
cannot make a choice according to the terms of the
=Limitation of Right of Choice obligation, the latter may rescind the contract with
damages.
Rescission creates the obligation to return the things
which were the object of the contract together with
their fruits, and the price with its interest.

It is the very nature of an alternative obligation that the


debtor can make his choice without the consent of the
creditor. Hence, the right given the debtor to rescind the
contract and recover damages if, through the creditor’s
fault, he cannot make a choice according to the terms of
the obligation. The debtor, however, is not bound to
rescind.

Ex. D borrowed from C P20,000.00. It was agreed that


instead of P20,000.00, D could deliver item one, or item
two, or item three.

If through the fault of C, item one is destroyed, D can


rescind the contract if he wants. In case of rescission,
the amount of P20,000.00 must be returned by D with
interest. C, in turn, must pay D the value of item one
plus damages.

D, instead of rescinding the contract, may choose item


two or three with a right to recover the value of item
one with damages. If D chooses item one, his obligation
is extinguished. C is not liable for damages.

ART. 1204. The creditor shall have a right to indemnity


for 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.

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. Damages other
than the value of the last thing or service may also be
awarded. (1135a)

EXAMPLE: S agreed to deliver item one, or item two, or


item three. If item one is lost through the fault of S, he
can still select either item two or item three. The loss of
item one and two with or without the fault of S will
reduce the obligation to a simple one. If all the items
are lost through his fault, liability will attach; if through
a fortuitous event, the obligation will be extinguished.

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