C. Alternative Obligation

1199: A person alternatively bond by different prestations shall completely perform one of them-Must be complete (1233)-Cannot pay half- must be full

Obligations with several objects: Multiple obligation, classified into:1. Conjunctive when all of the objects or prestation are demandable at the same time

2. Alternative several objects, but it may be complied with the delivery or performance of only one (1) of them. Concentrating process in alternative obligation in choosing an object of obligation

3. Facultative only one object is due, but it may be complied by the delivery of another object or performance of another prestations by substitution. (1206)

GR: Debtor has the right to choose. 1200(1)

XPT:1.Expressly granted to the creditor2.1309: Made or left to a 3rd person

When is the election of the object of the obligation on an alternative obligation operative?1201: the choice shall produce no effect except from the time it has been communicated.1. The choice DOES NOT REQUIRE CONSENT.-communicated only!2. Once choice is made, it is irrevocable3. Obligation becomes a simple obligation

Can a debtor change his mind?-YES, provided that the choice is not yet communicated, the obligation remains alternative. But once the communication becomes effective, alternative obligations becomes a SIMPLE OBLIGATION.

Special Instances/rules:1.1205: When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.

2. Delay in MAKING A CHOICE:Debtor may be compelled by the court to choose:-1200(1)- expressly granted to the creditor through the courts.-This is a circumstance where JUSTICE AND EQUITY may justify the grant to the debtor of a period in which to make his choice before the creditor is allowed to choose.

3. Loss or impracticability1202: choose from what remains.

*Memorize Art. 1205. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.

Until then the responsibility of the debtor shall be governed by the following rules:

(1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists;

(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages;

(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages.

Before choice is made:

1204: through the fault of the debtor, all are lost or the compliance of the obligation has become impossible-creditor right to indemnity for damages

XPT: Generic Things

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.Basis of value:

1204(2) last to be lost

After the choice has been made:

1263: in an obligation to deliver a generic thing. The loss or destruction of anything of the same kind does not extinguish the obligation.Effect of loss of a generic thing

It then becomes simple obligation

FACULTATIVE:*Note: fortuitous event does not extinguish the liability of the debtor on obligations to deliver a generic thing.

Facultative: 1206: when only one (1) prestation has been agreed upon, but the obligor may render another in substitution.

Substitution always rest exclusively at the debtors option.-Cannot be compelled against the will of the debtor-Substitution cannot be refused by the creditor. Once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud. (1206)1REVIEWER OBLIGATIONS AND CONTRACT NOTES AND DISCUSSION BY