3 When by his own acts he has impaired said guaranties or securities after

3 when by his own acts he has impaired said

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(3) When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory; (4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period; (5) When the debtor attempts to abscond. (1129a) SECTION 3. – Alternative Obligations Art. 1199. A person alternatively bound by different prestation shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. (1131) Alternative Obligation - Example : Gaya binds herself to give Tito either a determinate refrigerator or a TV set. If Gaya chooses and delivers the TV set, the obligation is extinguished. Thus, Gaya cannot compel Tito to accept part of one and the part of the other pretentions . Art. 1200. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. (1132) Rule on Who Makes the Choice The debtor cannot choose those prestations which are: a). Impossible E.g.- Gaya promised to deliver to Tito 100 sacks of rice or a stone from Mars. Gaya cannot choose to deliver the stone coming from Mars as it is physically impossible. b) . Unlawfu l – E.g. Gaya obliged herself to deliver to Tito a kilo of dangerous drug or a parcel of land. Gaya can choose only the delivery of parcel of land. c). Could not have been the object of the obligation - E.g . Gaya borrowed from Tito P50, 000. It was agreed that Gaya would give Tito her horse or her German Piano. Now, Gaya has two horses, a race horse worth P50, 000 and an ordinary horse which is worth for only P5, 000. Gaya cannot choose the ordinary horse as it could not have been the object of the obligation.
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d) Only one prestation is practicable (Art. 1202 ) – E.g. Gala will deliver to Tome her caribou, or her horse or her refrigerator. Through no fault of Gala, the horse and the carabao were lost by fortuitous event. Gala can only delivery the refrigerator which is the only one practicable. Art. 1201. The choice shall produce no effect except from the time it has been communicated. (1133) Right of Choice Must Be Communicated Until the choice is made and communicated, the obligation remains alternative. Once the notice to the effect that a choice is made, the obligation ceases to be alternative and becomes a simple obligation. Where the choice has been expressly given to the creditor, such choice shall likewise produce legal effects upon being communicated to the debtor. (Art. 1205, par. 1) Until the choice is made and communicated, the obligation remains alternative. Once the notice to the effect that a choice is made, the obligation ceases to be alternative and becomes a simple obligation.
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