Maria Resper S. Lagas Obligations & Contracts – Atty.

Daryl Bretch Largo

JD-WT I EH 303

P R O B L E M:

D obliged himself to deliver to C on March 30, 2020 any of the following specific objects:

1. His car, 2. his house, 3. his gold wristwatch.

Before March 30, 2020:

A. D destroyed his car.

B. D destroyed his car and house.
C. D destroyed his car, house and wristwatch
D. A typhoon destroyed D’s car
E. An earthquake destroyed D’s car and house
F. C destroyed D’s car.
G. D instead obliged himself to deliver his only car and agreed to deliver as substitute his house. Later, D
burned his house.

Q: WHAT ARE THE RIGHTS AND OBLIGATIONS OF THE PARTIES, IF ANY, IN EACH OF THE ABOVE SITUATIONS?

YOU HAVE 24 HOURS WITHIN WHICH TO SUBMIT YOUR ANSWERS.

A N S W E R:

The case at bar is an example of an alternative obligation as espoused in Article 1199 and
1200 of the New Civil Code, which states that an obligation becomes alternative if there are
various prestations to which the debtor has the right of choice on which object he shall
perform or deliver to the creditor before March 30, 2020, in the absence of a stipulation
that such right is granted to the creditor.

However, in instances where:

A. D destroyed his car – In this case, D is still obliged to perform his obligation by delivering
any of the remainders: either the house or the gold wristwatch, depending upon D’s
discretion as stated in Article 1200, which states that the right of choice belongs to the
debtor, unless it has been expressly granted to the creditor.

C, as a creditor, is also cannot be compelled to receive part of one and part of undertaking, as
per the second paragraph of Article 1199 of the New Civil Code. He has every right to demand
the entirety of the object that D had chosen to deliver – may it be the house or the gold
wristwatch.

Under Article 1201 of the New Civil Code, once D had made his choice on what prestation he
shall deliver, he is obliged to communicate to C his choice either orally or in writing,