John Christian I.

Largo
BSA 1 Group 8
I. Definitions
1. Alternative Obligation
According to Article 1199, 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. (8 Manresa 176; Art. 1200.)

2. Facultative Obligation
According to Article 1206, a facultative obligation is one where only one prestation has been
agreed upon but the obligor may render another in substitution.

3. Conjunctive Obligation
According to Article 1199, conjunctive obligation is one of the two kinds of compound
obligation where there are several prestations and all of them are due but it can be performed
separately by the obligor.

II. Discussions

1. What are the limitations on the right of choice of the debtor in alternative
obligations? Illustrate one such limitation.
According to Article 1200, the debtor cannot choose those prestations which are: (a)
impossible, (b) unlawful, or (c) which could not have been the object of the obligation.

An example relating to the debtor's limitations would be, Nard obliged himself to deliver
to John a latest version of Iphone, a gaming computer, or a kilo of marijuana. Nard can
only choose between the latest version of Iphone or the gaming computer since a kilo of
marijuana is unlawful.

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.
According to Article 1203, if through the creditor's acts the debtor cannot choose
according to the terms of obligation thus, the latter may rescind the contract damages.

A situation for this is when Nard borrowed from John P5,000.00. It was agreed that
instead of P5,000.00, Nard could deliver a computer table, or a gaming chair. If through
the fault of John, the computer table is destroyed, Nard can rescind the contract if he
 wants. In case of rescission, the amount of P5,000.00 must be returned by Nard with
interest. John, in turn, must pay Nard the value of the computer table plus damages. Nard,
instead of rescinding the contract, may choose the gaming chair with a right to recover
the value of item one with damages. If Nard chooses item one, his obligation is
extinguished. John is not liable for damages.

3. State the legal effects:

a. Some of the objects of the obligation are lost through the fault of the debtor who
has the right of choice.
According to Article 1204, in cases where some of the objects of the obligation are
lost or have become impossible because of the debtor's fault, he is not liable since he
has the right of choice, regardless of such, the obligation can still be performed.

b. All are lost through his fault

According to Article 1204, if all of the objects are lost and have become impossible
through the debtor's fault, the creditor will now have the right to indemnity
(protection/insurance) since the obligation is no longer possible to perform. However,
if the cause of the loss of the object is due to a fortuitous event, then the obligation is
extinguished.

III. Problems
1. D (debtor) borrowed P10,000 from C (creditor). It was agreed that 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. According to the Article 1201, the choice shall produce no effect except from the
time it has been communicated. This means that D can still change his period considering
that he was given the right of choice and can choose between the two prestations as long
as there is consent from C.

2. Under contract, X (obligor) promised to deliver to Y (obligee) 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.
According to Article 1205, if the thing is lost or destroyed through X’s fault, Y can
choose from other items together with damages, or the price of the item two also with
damages since X should perform the obligation by delivering to Y.
 b. All items are lost or destroyed.
According to Article 1205, if all the things are lost or destroyed through the fault of
the obligor which is X, the creditor which is Y has the right to demand the payment of
the price of any one of the items together with the right to indemnity for the damages.

3. S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead of his
refrigerator. Is S liable to B in case the TV is lost through S’s fault?
Yes. According to Article 1206, if the principal thing, which is the TV, is lost through
debtor’s fault, he is liable for damages.