Article 1199 A person alternatively bound by different prestations shall completely c.
c. Where the choice has been expressly given to the creditor, such choice shall
perform one of them.
The creditor cannot be compelled to receive part of one and part of the other undertaking.
(1131)
I. Kinds of Obligation according to object
1. Simple Obligation – one where there is only one prestation.
2. Compound Obligation – one where there are two or more prestations.
2.1 Conjunctive Obligation – there are several prestations and all of them are due.
2.2 Distributive Obligation – there are several prestations and one of two or more
of it is due.
II. Meaning of Alternative Obligation
An Alternative Obligation is one wherein various prestations are due but the performance
of one of them is sufficiently determined by the choice which, as a general rule, belongs to
the debtor.
Article 1200 The right of choice belongs to the debtor, unless it has been expressly granted
to the creditor.
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. (1132)
I. Right of choice, as arule, given to debtor
- As a general rule, the right to choose the prestation belongs to the debtor.
- Except, it may be exercised by the creditor if it is expressly granted to him, or by
third person when the right is given to him by common agreement.
II. Right of choice of debtor not absolute
- The right of choice of the debtor is subject to limitations:
1. The debtor cannot choose those prestations which are:
a. Impossible;
b. Unlawful; or
c. Which could not have been the object of the obligation.
2. The debtor has no more right of choice. When among the prestations whereby he
is alternatively bound, only one is practicable.
3. The debtor cannot choose part of one prestation and part of another prestation.
Article 1201 The choice shall produce no effect except from the time it has been
communicated. (1133)
1. Effect of notice – until the choice is made and communicated to the creditor, the
obligation remains alternative.
a. Once the notice of election has been given to the creditor, the obligation
ceases to be alternative and becomes simple.
b. Such choice once properly made and communicated is irrevocable and
cannot, therefore, be renounced.
likewise produce legal effects upon being communicated to the debtor.
2. Proof and form of notice – the burden of proving that such communication has
been made is upon him who made the choice.
Article 1202 The debtor shall lose the right of choice when among the prestations whereby
he is alternatively bound, only one is practicable. (1134)
- If only one prestation is practicable, the obligation is converted to simple one
from being alternative.
Article 1203 If through the creditor's acts the debtor cannot make a choice according to the
terms of the 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.
- 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.
Article 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)
I. Effect of loss pr becoming impossible of objects of obligation
1. Some of the objects – if some of the objects of the obligation have been lost or
have become impossible even through the fault of the debtor, the latter is not
liable since he has the right of choice and the obligation can still be performed.
2. All of the objects – if all of them have been lost or have become impossible
through the debtor’s fault, the creditor shall have a right to indemnity for damages
since the obligation can no longer be complied with. If the cause of loss is a
fortuitous event, the obligation is extinguished.
II. Basis of indemnity
- The indemnity shall be fixed taking as basis the value of the last thing which
disappeared or that of the service which last became impossible.
- In case of disagreement, it is incumbent upon the creditor to prove such value, or
which thing last disappeared or which service last became impossible.
- Other damages may also be awarded.
 I. Meaning of Facultative Obligation
Article 1205 When the choice has been expressly given to the creditor, the obligation shall A Facultative Obligation is one where only one prestation has been agreed upon but
cease to be alternative from the day when the selection has been communicated to the the obligor may render another in substitution.
debtor. II. Effect of Loss
Until then the responsibility of the debtor shall be governed by the following rules: 1. Before substitution – if the principal things is lost through a fortuitous event, the
(1) If one of the things is lost through a fortuitous event, he shall perform the obligation by obligation is extinguished. The loss of the thing intended as a substitute with or
delivering that which the creditor should choose from among the remainder, or that which without the fault of the debtor does not render him liable. The thing intended as a
remains if only one subsists; substitute is not due. The effect of loss is merely to extinguish the facultative
(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may character of the obligation.
claim any of those subsisting, or the price of that which, through the fault of the former, 2. After substitution – if the principal thing is lost, the debtor is not liable whatever
has disappeared, with a right to damages; the cause may be because it is no longer due. If the substitute is lost, the liability
(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall of the debtor depends upon whether the loss is through the debtor’s fault or not.
fall upon the price of any one of them, also with indemnity for damages. III. Alternative and Facultative Obligations, distinguished
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) Alternative Facultative
I. Where right of choice belongs to the creditor Number of Prestations Several prestations are due Only one prestation is due
- If the debtor expressly give the right of choice to the creditor, the provisions but compliance with one is although the debtor is
which with respect to the debtor are laid down in the preceding articles, shall be sufficient allowed to substitute
applicable to the creditor. another
II. Rules in case of loss before creditor has made choice Right of choice May be given to the Right to make substitution
1. When a thing is lost through fortuitous event – the creditor can choose from creditor or third person is given only to the debtor
among the remainder of that which remains if the others are lost. Loss thru fortuitous event The loss of one or more The loss of the thing due
2. When a thing is lost through the debtor’s fault – the creditor may claim one of the laternatives does not extinguishes the obligation
extinguish the obligation
items with a right to damages or the price of the item which was lost with a right
Loss thru debtor’s fault The loss of one alternative The loss of the things due
to damages.
does not render him liable; thru his fault makes him
3. When all the things are lost through the debtor’s fault – the creditor can demand
liable;
the payment of the price of any one of them with a right to indemnity for Except the loss of the
Except him the right of
damages. choice is given to the substitute before the
4. When all the things are lost through a fortuitous event – the obligation of the creditor, it gives rise to the substitution does not render
debtor shall be extinguished. liability. him liable
III. Rules applicable to personal obligation Nullity of prestation Nullity of the prestation Nullity of the prestation
- The above rules are also applicable to personal obligations. does not invalidate the agreed upon, invalidates
- The responsibility of the debtor for damages depends upon whether the cause others; the others;
which has rendered the obligation impossible was due to his fault or not.
Debtor or creditor shall The debtor is not bound to
Article 1206 When only one prestation has been agreed upon, but the obligor may render choose from among the choose the substitution.
another in substitution, the obligation is called facultative. remainder
The loss or deterioration of the thing intended as a substitute, through the negligence of the
obligor, does not render him liable. But once the substitution has been made, the obligor is
liable for the loss of the substitute on account of his delay, negligence or fraud.
 IV. Alternative obligations and alternative remedies distinguished c. The debts and/or credits are considered distinct and separate from one
In Alternative Obligations, a mere choice categorically and unequivocally made and another;
then communicated by the person entitled to exercise the option concludes the parties. d. Each debtor is liable only for a proportionate part of the debt; and
While in Alternative Remedies, the choice generally becomes conclusive only upon the e. Each creditor is entitled only to a proportionate part of the credit.
exercise of the remedy. IV. Presumption subject to rules on multiplicity of suits
- Subject to the Rules of Court governing the multiplicity suits
- This rule seeks to prevent the filing of two or more suits or complaints for a single
Article 1207 The concurrence of two or more creditors or of two or more debtors in one cause of action or the same violation of the legal right of the plaintiff.
and the same obligation does not imply that each one of the former has a right to demand, V. Words used to indicate joint liability
or that each one of the latter is bound to render, entire compliance with the prestation. a. Mancum, mancomunada
There is a solidary liability only when the obligation expressly so states, or when the law or b. Mancomunadamente
the nature of the obligation requires solidarity. (1137a) c. Pro rata, proportionately
Article 1208 If from the law, or the nature or the wording of the obligations to which the d. Pro rata, jointly
preceding article refers the contrary does not appear, the credit or debt shall be presumed to e. Conjoint
be divided into as many shares as there are creditors or debtors, the credits or debts being f. “we promise to pay”
considered distinct from one another, subject to the Rules of Court governing the VI. Characteristics, essence, and basis of a solidary obligation
multiplicity of suits. (1138a) 1. Characteristics: Unity of Object and Plurality of Ties
I. Kinds of Obligation according to the number of parties 2. Essence: Each and every one of the solidary creditors can demand and each of the
1. Individual Obligation – there is only one obligor and one oblige debtors must satisfy the same prestation.
2. Collective Obligation – there are two or more debtors and/or two or more 3. Basis: In either case, the basis of solidarity has something of a legal fiction.
creditors. It may be jointly or solidary. VII. When obligation solidary
II. Meaning of Joint and Solidary Obligation There is solidary liability only when:
A Joint Obligation is one where the whole obligation is to be paid or fulfilled a. The obligation expressly so states; or
proportionately by the different debtors and/or is to be demanded proportionately by b. The law requires solidarity; or
the different creditors. c. The nature of the obligation requires solidarity; or
A Solidary Obligation is one where each one of the debtors is liable for the entire d. When it is imposed in a final judgment against several defendants.
obligation and/or each one of the creditors has a right to demand entire compliance or VIII. Words used to indicate solidary liability
satisfaction of the whole obligation from any or all the debtors. a. Severally jointly and/or severally
III. Collective obligation presumed to be joint b. Solidaria
1. If A is liable to B for P900, there can be no problem regarding the determination c. In solidum
of the ff: d. Solidarity
a. The person liable to pay; e. Together and/or separately
b. The person entitled to demand payment; f. Individually and/or collectively
c. The extent of the liability of the debtor; and g. Juntos o suparadamante
d. The extent of the right of the creditor. h. “I promise to pay”
2. Where there is plurality of the parties and the share of each in the obligation is IX. Kinds of Solidarity
specified, the correlative rights and obligations of the parties are unknown. 1. According to the parties bound:
3. If it is not specified, the presumption is that the obligation is joint and as a a. Passive solidarity (on the part of the debtors) – when anyone of them
consequence: can be made liable for the fulfillment of the entire obligation.
a. There are as many debts as there are debtors; b. Active solidarity (on the part of the creditors) – where anyone of
b. There are as many credits as there are creditors; them can demand fulfillment of the entire obligation.
 c. Mixed solidarity (on the part of debtors and creditors) – where each
one of the debtors is liable to render, and each one of the creditors
has a right to demand, entire compliance with the obligation.
2. According to source:
a. Conventional solidarity – solidarity is agreed upon by the parties.
b. Legal solidarity – solidarity is imposed by the law
c. Real solidarity – solidarity is imposed by the nature of obligation.
X. Passive solidarity and solidary guaranty compared
1. Similarities – guaranty is a characteristic which predominates over that of
mere agency. By virtue of this, the solidary debtor answers for a debt
which is not properly hos own. Like the surety, he may demand
reimbursement from the debtor personally bound in the obligation paid.
2. Distinctions – the liability of the guarantor is different from that of a
solidary debtor.
a. The solidary debtor is liable for the debt of another and for one
properly his own. A surety does not incur liability unless the
principal debtor is held liable.
b. In passive solidarity, the debtor who made payment may claim
reimbursement from his co-debtors for the share which corresponds
to each. In a suretyship, the surety who paid the obligation is entitled
to be indemnified by the principal debtor with the right to be
subrogated.
c. In passive solidarity, an extension granted by the creditor to one of
the solidary debtors without the consent of other solidary debtors
would not release the latter from their obligations. In suretyship, an
extension granted to the principal debtor without the consent of the
surety would have the effect of extinguishing the suretyship.
XI. Solidarity not presumed
The law tends to favor the debtors in presuming that they are bound jointly
and not solidarily.
1. Where a person authorizes another to mortgage and borrow money for
and in his name, the liability of the two to the creditor is only joint, not
solidary.
2. When it is not provided in a judgment that the defendants are liable to
pay jointly, none of them may be compelled to satisfy in full said
judgment.
3. The interruption of prescription by the claim of a creditor addressed to a
single debtor or by an acknowledgement made by one of the debtors in
favor of one or more of the creditors is not to be understood as
prejudicial to or in favor of the other debtors or creditors.
Article 1209 If the division is impossible, the right of the creditors may be prejudiced only
by their collective acts, and the debt can be enforced only by proceeding against all the
debtors. If one of the latter should be insolvent, the others shall not be liable for his share.
(1139)
Joint Indivisible Obligation
- The obligation is joint because the parties are merely proportionately liable.
- It is indivisible because the object or subject matter is not physical divisible into
different parts.
- It is joint as to liabilities of the debtors or rights of the creditors but indivisible as
to compliance.
Article 1210 The indivisibility of an obligation does not necessarily give rise to solidarity.
Nor does solidarity of itself imply indivisibility.
Indivisibility distinguished from Solidarity:
Indivisibility Solidarity
Refers to prestation Refers to juridical or legal tie that binds
the parties
Only the debtor guilty of breach of All of the debtors are liable for the breach
obligation is liable for damages of the obligation committed by a co-debtor
Can exist although there is only one debtor There must be at least two debtors or two
and one creditor creditors
The others are not liable in case of The others are proportionately liable
insolvency of one debtor
Article 1211 Solidarity may exist although the creditors and the debtors may not be bound
in the same manner and by the same periods and conditions. 
I. Kinds of solidary obligation according to the legal tie
1. Uniform – when the parties are bound by the same stipulations or clauses.
2. Non-uniform or varied – when the parties are not subject to the same stipulations
or clauses.
II. Solidarity not affected by diverse stipulations
- The essence of solidarity consists in the right of each creditor to enforce rights of
all and the liability of each debtor to answer for the liabilities of all.
- The rule is that the creditor may bring his action in toto against any of the solidary
debtors less the shares of the other debtors with unexpired terms or unfulfilled
conditions who are entitled to defenses under Article 1222.
III. Joint obligation on one side, solidary on the other
- If the obligation is joint on the side of the creditors, and solidary on the side of the
debtors, each creditor can demand only his share in the obligation; but each debtor
may be compelled to pay the entire obligation to the creditors.
Article 1212 Each one of the solidary creditors may do whatever may be useful to the
others, but not anything which may be prejudicial to the latter. (1141a)
Act of solidary creditor useful/prejudicial to others
- If the solidary creditor performs any act prejudicial to others, as a result the
obligation is extinguished. He shall be responsible to the others for damages.
- As far as the debtor or debtors are concerned, the act shall be valid and binding.
Article 1213 A solidary creditor cannot assign his rights without the consent of the others.
Assignment by solidary creditor of his rights
- A solidary creditor cannot assign his rights to a third person without the consent
given by the others.
- Because each creditor represents the others and the assignee may not have the
confidence of the original solidary creditors considering that the assignee after
receiving payment may not give the shares of the others.
Article 1214 The debtor 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 him.
Payment to any of the solidary creditors
- The rule is that the debtor may pay any one of the solidary creditors.
- But when a demand, judicial or extra-judicial, has been made by one of them,
payment should be made by him.
- Otherwise, the obligation will not be extinguished except insofar as the creditor-
payee’s share is concerned in case the latter does not give to the others creditors
their shares in the payment.
- The demand has the effect of terminating the mutual agency among the solidary
creditors.
Article 1215  Novation, compensation, confusion or remission of the debt, made by any of
the solidary creditors or with any of the solidary debtors, shall extinguish the obligation,
without prejudice to the provisions of Article 1219.
The creditor who may have executed any of these acts, as well as he who collects the debt,
shall be liable to the others for the share in the obligation corresponding to them. (1143)
I. Liability of solidary creditor in case of novation, compensation,
confusion, or remission
- These are mode or causes of extinguishment of obligations.
- The creditor who executed any of these acts should be liable to the others for their
corresponding shares considering that such acts are prejudicial to them.
II. Effect of extension of time given by creditor to a solidary debtor
- If the creditor granted to a solidary debtor an extension of time, the other solidary
debtor shall be liable for the whole debt less the share of the debtor granted the
extension.
- Upon expiration of the term, the creditor can demand payment of the unpaid share
from any of the solidary debtors.
- In suretyship, the effect of the extension given to the principal debtor without the
consent of the surety is to extinguish the contract of suretyship.
III. Effect of novation, etc. where obligation is joint
- It does not extinguish or modify the obligation except with respect to the creditor
or debtor affected, without extending its operation to any other part of the debt or
of the credit.
Article 1216 The creditor may proceed against any one of the solidary debtors or some or
all of them simultaneously. The demand made against one of them shall not be an obstacle
to those which may subsequently be directed against the others, so long as the debt has not
been fully collected. (1144a)
Right of creditor to proceed against any solidary debtor
1. Since the liability is solidary, the other, solidary debtors are not indispensable
parties in a suit filed by the creditor.
2. The bringing of an action against a solidary debtor to enforce the payment of the
obligation is not inconsistent with and does not preclude the bringing of another to
compel the others to fulfill their obligations.
3. In case of debt of one of the solidary debtors, the creditor may proceed against the
estate of the deceased solidary debtor alone or against any or all of the surviving
solidary debtors whose liability is independent of and separate from the deceased
debtor.
4. The choice is left to the solidary creditor to determine against whom he will
enforce collection.
5. Article 1252 contemplates the situation of a debtor with various debts, while
under Article 1216, the reverse is true, with each solidary debt imputable to
several debtors.
Article 1217 Payment made by one of the solidary debtors extinguishes the obligation. If
two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
He who made the payment may claim from his co-debtors only the share which
corresponds to each, with the interest for the payment already made. If the payment is
made before the debt is due, no interest for the intervening period may be demanded.
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. (1145a)
Effects of payment by a solidary debtor
1. Between the solidary debtors and creditors – the payment made by one of the
solidary debtors extinguishes the obligation. But the creditor for his protection is
given the right to choose which offer to accept if two or more solidary debtors
offer to pay.
2. Among the solidary debtors – the payment does not create a real case of
subrogation. It merely entitles the solidary debtor to claim reimbursement from
his co-debtors only for their proportionate shares with legal interest only from the
time of payment.
2.1 the other debtors’ liability is based upon the payment made by the co-debtor
which creates joint obligation of reimbursement on the part of the others. In
case of insolvency of any of the solidary debtors, the others assume the share
of the insolvent one pro rata.
2.2 If a solidary debtor pays the obligation in part, he can recover reimbursement
from the co-debtors only in so far as his payment exceeded his share in the
obligation.
2.3 If the amount is less than his share, he cannot demand reimbursement because
his payment is less than his actual debt.
3. Among the solidary creditors – the receiving creditor is jointly liable to the others
for their corresponding shares.
Article 1218 Payment by a solidary debtor shall not entitle him to reimbursement from his
co-debtors if such payment is made after the obligation has prescribed or become illegal.
I. Effect of payment where obligation has already prescribed or become
illegal
- The paying debtor cannot get any reimbursement if the obligation has prescribed
or become illegal.
- The obligation is extinguished, hence, there is no more obligation to be complied
with.
II. Prescriptive period of actions
By prescription, one acquires ownership and other rights through the laps of time in
the manner and under the conditions laid down by law.
1. The ff actions must be brought w/in 10 years from the time the right of action
accrues:
a. Upon written contract;
b. Upon an obligation created by law;
c. Upon a judgment
2. The ff actions must commenced w/in 6 years:
a. Upon an oral contract;
b. Upon a quasi-contract
3. The ff actions must be instituted w/in 4 years:
a. Upon an injury to the rights of the plaintiff;
b. Upon a quasi-delict
Article 1219 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.
(1146a)
Effect of remission of share after payment
- If payment is made first, the remission or waiver is of no effect. Hence, there is no
obligation to remit.
- If remission made first before the payment, and the payment is made, solutio
indebiti arises.
Article 1220 The remission of the whole obligation, obtained by one of the solidary
debtors, does not entitle him to reimbursement from his co-debtors.
No right to reimbursement in case of remission
- It is because the debtor who obtains remission pays nothing to the creditor.
- Remission is essentially gratuitous. It is really a donation.
Article 1221 If the thing has been lost or if the prestation has become impossible without
the fault of the solidary debtors, the obligation shall be extinguished.
If there was 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.
If through a fortuitous event, the thing is lost or the performance has become impossible
after one of the solidary debtors has incurred in delay through the judicial or extrajudicial
demand upon him by the creditor, the provisions of the preceding paragraph shall apply.
(1147a)
Rules in case thing has been lost or prestation has become impossible
1. Loss is w/out fault and before delay
- The obligation shall be extinguished.
2. Loss is due to fault on the part of a solidary debtor
- The fault or delay of one solidary debtor, shall be the fault or delay of all the
solidary debtors.
- If the other solidary debtors already contributed, they can recover from the
solidary debtor (whose part is at fault) the full amount of such price and damages.
- If the solidary creditor recovers from the solidary debtor the price and damages,
the latter cannot claim reimbursement from the other solidary debtors, because he
alone was at fault.
3. Loss is w/out fault but after delay
- If the cause is due to a fortuitous event but after a demand was made upon a
solidary debtor, the solidary creditor can still recover damages from either the
 other solidary debtors or both of them w/out prejudice to the right of action of
them against the solidary debtor (who the demand was made upon).
- The default by a solidary debtor makes the rest of the solidary debtors responsible
even for a fortuitous event.

Article 1222 A solidary debtor may, in actions filed by the creditor, avail himself of all
defenses which are derived from the nature of the obligation and of those which are
personal to him, or pertain to his own share. With respect to those which personally belong
to the others, he may avail himself thereof only as regards that part of the debt for which
the latter are responsible. (1148a)
Defenses available to a solidary debtor
1. Defenses derived from the nature of the obligation – is a complete defense
because it nullifies the obligation or renders ineffective. E.g. defense of payment
by virtue of which the obligation was extinguished.
2. Defenses personal to, or which pertain to share of, debtor sued – if the solidary
creditor files an action against a solidary debtor, and the latter is insane at the time
the obligation was contracted, the same can avail of a defense of insanity with
respect to the entire obligation. A defense personal to the insane solidary debtor.
Hence, a complete defense. Other similar examples are: incapacity, mistake,
violence, minority, etc.
3. Defenses personal to other solidary debtors – while the insane solidary debtor can
avail the defense of insanity, the other solidary debtor may avail himself thereof
only as regards that part of the debt for which the insane solidary debtor is liable.
Hence, a partial defense which makes the other solidary debtor liable for his share
in the obligation.