SECTION 3: ALTERNATIVE OBLIGATIONS Rules in case of loss before the creditor has made

choice:
Kinds of Obligation according to Object:
1. When a thing is lost through a fortuitous event.
1. Simple Obligation – one where there is only one
(1) prestation. 2. When a thing is lost through debtor’s fault.
2. Compound Obligation – one where there are 3. When all the things are lost through debtor’s
two (2) or more prestations. It may be: fault.
(a) Conjunctive Obligation – one where there are 4. When all the things are lost through a fortuitous
several prestations and all of them are due; or event.
(b) Distributive Obligation – one where two (2) or Facultative Obligation – is one where only one
more of the prestation is due. It may be; prestation has been agreed upon but the obligor may
render another in substitution.
 Alternative Obligation – one where several
prestations are due but the performance of Effect of loss:
one is sufficient.
1. Before substitution – if the principal thing is lost
 Facultative Obligation – one where only
through a fortuitous event, the obligation is
one prestations is due to the debtor may
extinguished; otherwise, the debtor is liable for
substitute another.
damages.
(1) The debtor cannot choose those prestations
2. After substitution – if the principal thing is lost,
which are: (a) impossible, (b) unlawful, (c) which
the debtor is not liable for whatever may be the
could not have been an object of the obligations.
cause of the loss, because it is no longer due.
Communication of notice that choice has been
Alternative and Facultative Obligations
made:
Distinguished:
1. Effect of notice – until the choice is made and
1. Number of prestations – in the first, several
communicated, the obligation remains alternative.
prestations are due but compliance with one is
2. Proof and form of notice – the burden of sufficient, while in the second, only one (1)
proving that such communication has been made is prestation is due although the debtor is allowed to
upon him who made the choice. substitute.

Effect of loss of objects of obligation: 2. Right of Choice – in the first, the right of choice
may be given to the creditor or third person, while
1. Some of the objects – if some of the objects of in the second, the right to make the substitution is
the obligation have been lost or have become given only to the debtor.
impossible even through the fault of the debtor, the
latter is not liable since he has the right of choice 3. Loss through a fortuitous event – in the first,
and the obligation can still be performed. the loss of one or more of the alternatives through a
fortuitous event does not extinguish the obligation,
2. All of the objects – if all of them have been lost while in the second, the loss of the thing due
or have become impossible through his fault, the extinguishes the obligation.
creditor shall have the right to indemnity for
damages since the obligation can no longer be 4. Loss through fault of debtor
complied with.
Kinds of Obligations according to the Number of
The phrase “or the compliance of the obligation Parties:
has become impossible” refers to obligations “to
1. Individual Obligation – one where there is only
do.”
one (1) obligor or one (1) obligee.
2. Collective Obligation – one where there are two 2. Non-uniform or varied – when the parties are
(2) or more debtors and/ or two (2) or more not subject to the same stipulations.
creditors.
Solidarity not affected by diverse stipulations:
Joint Obligation – or one where the whole
1. Essence of Solidarity – it consists in the right of
obligations is to be paid or fulfilled proportionately
each creditor to enforce the rights of all and the
by the different debtors and/ or is to be demanded
liability of each debtor to answer for the liabilities
proportionately by the different creditors.
to all.
Solidary Obligation – or one where each one of the
2. Action against any of the solidary debtors – the
debtors is bound to render, and/ or each one of the
creditor may bring his action in toto against any of
creditors has a right to demand from any of the
the solidary debtors less the shares of the other
debtors, entire compliance with the prestation.
debtors with unexpired terms or unfulfilled
Other words used for joint obligations are: conditions who are entitled to defense under article
mancomunada; mancimunadamente; pro rata; 1222.
proportionately; “we promise to pay” signed by
3. Liability of any solidary debtor of entire
two (2) or more persons.
obligation – the parties may stipulate that any
Kinds of Solidarity solidary debtor already bound may be made liable
for the entire obligation.
1. According to the parties bound:
(a) Passive Solidarity – solidarity on the part of the
debtors, where any one of them can be made liable
for the fulfillment of the entire obligation.
(b) Active Solidarity – solidarity on the part of the
creditors, where any one of them can demand the
fulfillment of the entire obligation.
(3) Mixed Solidarity – solidarity on the part of the
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
obligations.
2. According to source:
(a) Conventional Solidarity – where solidarity is
agreed upon by the parties.
(b) Legal Solidarity – where solidarity is imposed
by the law.
(c) Real Solidarity – where solidarity is imposed by
the nature of the obligation.
Kinds of Solidary Obligation according to the
Legal Tie:
1. Uniform – when the parties are bound by the
same stipulations.