RFBT 1 – Law on Obligations and Contracts
TITLE I: OBLIGATIONS (Arts. 1156-1304.) – Chapter 3.3: Alternative Obligations
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CHAPTER 3: DIFFERENT KINDS OF OBLIGATIONS
Alternative Obligations
Art. 1199. Paragraph 1. A person alternatively bound by
different prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one and
part of the other undertaking.
Kinds of Obligations According to Number of Prestation
Simple
Obligation
only one prestation
Compound
Obligation
two or
more
prestation
Conjunctive
Obligation
all prestation
must be fulfilled
to extinguish
the obligation.
Alternative
Obligation
only one
prestation must
be fulfilled to
extinguish the
obligation
Art. 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.
Rules Regarding Alternative Obligations (Debtor)
General Rule: Choice of Debtor
1. John promises to deliver one of the items to Jake:
a. Specific PC set 1
b. Specific PC set 2
c. Specific PC set 3
i. In alternative obligation, giving or fulfilling
either a, b, or c will extinguish this
alternative obligation. (Article 1199,
Paragraph 2)
Art. 1201. The choice shall produce no effect except from the
time it has been communicated.
2. John promises to deliver one of the items to Jake:
a. Specific Phone
b. Specific Laptop
c. Specific Tablet
i. An alternative obligation will remain an
alternative obligation unless the choice
was not yet communicated. (Article 1201)
ii. John (debtor) has the right of choice what
to deliver.
iii. In case John chose the Laptop
(prestation) to be delivered, this
alternative obligation will become a simple
obligation.
Rules (Impossibility/Illegality of Prestation)
General Rule: Choice of Debtor
1. John promises to deliver one of the items to Jake:
a. Specific Rock from Pluto
b. Specific Laptop
c. Specific Tablet
i. Letter a is physically impossible. (Article
1200, Paragraph 2)
ii. Letters b and c remains to be alternative
obligation unless John communicated his
choice between the two items. (Article
1201)
iii. Art. 1202. The debtor shall lose the right
of choice when among the prestations
whereby he is alternatively bound, only
one is practicable.
2. John promises to deliver one of the items to Jake:
a. Specific Rock from Pluto
b. Specific Bag of Shabu
c. Specific Tablet
i. Letter a and b is physically impossible
and unlawful. (Article 1200, Paragraph 2)
ii. This will automatically revert into a simple
obligation. (Article 1202)
3. John promises to deliver one of the items to Jake:
a. Specific Rock from Pluto
b. Specific Bag of Shabu
c. Specific Bag of Marijuana
i. This is a VOID Obligation since the
following items are impossible and
unlawful.
Rules (Loss via Fortuitous Event)
General Rule: Choice of Debtor
1. John promises to deliver one of the items to Jake:
a. Specific Phone
b. Specific Laptop
c. Specific Tablet
i. Assuming the Specific Phone got lost; this
remains to be an alternative obligation.
2. John promises to deliver one of the items to Jake:
a. Specific Phone
b. Specific Laptop
c. Specific Tablet
i. Assuming two items got lost (Specific
Phone and Specific Laptop), this will
automatically revert into a simple
obligation. (Article 1202)
3. John promises to deliver one of the items to Jake:
a. Specific Phone
b. Specific Laptop
c. Specific Tablet
i. Assuming all items got lost due to a
fortuitous event, the obligation is simply
extinguished.
Art. 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.
Rules (Loss via Debtor’s Fault)
General Rule: Choice of Debtor
1. John promises to deliver one of the items to Jake:
a. Specific Phone
b. Specific Laptop
c. Specific Tablet
i. Assuming the Specific Phone got lost; this
remains to be an alternative obligation.
2. John promises to deliver one of the items to Jake:
a. Specific Phone
b. Specific Laptop
c. Specific Tablet
i. Assuming two items got lost (Specific
Phone and Specific Laptop), this will
automatically revert into a simple
obligation. (Article 1202)
