- Statute
- Philippine Civil Code
- Article
- Art. 1204
- Topic
- Different Kinds of Obligations
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 3 Different Kinds of Obligations
- Formerly
- Art. 1135a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Intellegal Wiki · In plain terms
In an alternative obligation (where the debtor could satisfy it by delivering one of several things or services), if the debtor's own fault causes all the options to be lost or become impossible, the creditor may claim damages. The damage amount is measured by the value of whichever thing disappeared last or service that last became impossible, and additional damages beyond that value may also be awarded.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Rosario Guanzon v. Graciano Rivera G.R. No. 39634
- Manuel Rios v. Jacinto G.R. No. 23893
- Andres Zapanta v. Eduardo de Rotaeche G.R. No. 6910