- Statute
- Philippine Civil Code
- Article
- Art. 1205
- 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. 1136a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. (1136a)
Intellegal Wiki · In plain terms
When the creditor is expressly given the choice among alternative prestations, the obligation stops being alternative once he communicates his choice to the debtor. Until then: if one item is lost by chance, the debtor delivers from those remaining; if lost through the debtor's fault, the creditor may take a survivor or the lost item's price plus damages; and if all are lost through the debtor's fault, the creditor may claim the price of any one, with damages. The same applies to obligations to do or not to do.
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
- E. C. Mccullough & Co. v. Mariano Veloso G.R. No. 21455