d. Alternative

The remedies are alternative, not cumulative.

GR: The election of one remedy is a waiver of the right to resort to the other remedies.

XPN: If the remedy first chosen was not completed or not fully exercised as when there was voluntary desistance, the vendor may still avail himself of another remedy.

NOTE: In ordinary alternative obligations, a mere choice categorically and unequivocally made and then communicated by the person entitled to exercise his option concludes the parties. The creditor may not thereafter exercise any other option unless the chosen alternative proves to be ineffectual or unavailing due to no fault on his part.

Effect of loss / impossibility of one, some or all prestations

If the debtor has right of choice

NOTE: When only one prestation remains possible, it becomes a simple obligation and if the last object is lost due to fortuitous events, the obligation is extinguished.

If creditor has right of choice

In alternative obligations, various things are due but the delivery or performance of one will extinguish the obligation.

If one of the prestations is illegal, others may be valid but obligations remain.

If it is impossible to give all except one, the last one must still be given.

The right to choose may be given either to the debtor or creditor.

Joint and Solidary Obligations

Involves multiple parties (more than one debtor or more than one creditor or more than 1 debtors and creditors).

The liability or rights of parties may be joint or solidary. It is presumed joint. Solidarity exists when the obligation expressly so states, or when the law or the nature of the obligation requires it. (CIVIL CODE, art. 1207)

For a divisible joint obligation, the credit or debt is presumed divided into distinct shares, ordinarily equal, unless the law, nature, or wording of the obligation indicates otherwise. If the prestation is indivisible, the debt can be enforced only by proceeding against all the debtors. (CIVIL CODE, arts. 1208 & 1209)

In a joint obligation, each of the joint debtors is only responsible for his/her own share and each cannot be made to pay for the share of others, even those who are insolvent or who have died; joint creditors cannot collect the share of the others. (CIVIL CODE, arts. 1207 & 1209)

In a solidary obligation, the solidary debtors can be made to pay the full amount of the obligation (subject to presentation of available defenses); solidary creditors can collect the full amount of the obligation. (CIVIL CODE, art. 1216)

Among solidary debtors and creditors, a solidary debtor who pays may claim the co-debtors’ respective shares; a solidary creditor who collects must account to the co-creditors for their shares. (CIVIL CODE, arts. 1215 & 1217)