Short answer. Yes. Article 1204 of the Civil Code says that when the debtor's fault destroys all the alternatives, the creditor is entitled to the value of the last thing lost — but also to additional damages beyond that value. The law explicitly allows recovery of more than just the replacement cost of the final prestation.
What the law says
Damages other than the value of the last thing or service may also be awarded.
Civil Code, Article 1204 — Loss of All Alternatives Through Debtor's Fault. Read the full provision →
The three-part structure of Article 1204
Article 1204 addresses the situation where a debtor owes any one of several alternative prestations and, through the debtor's own fault, all of them become impossible. The law gives the creditor three things: first, the right to indemnity for damages; second, a baseline for measuring that indemnity — "the value of the last thing which disappeared, or that of the service which last became impossible"; and third, an express statement that "Damages other than the value of the last thing or service may also be awarded." The baseline is a floor, not a ceiling.
Why additional damages are available
The logic is straightforward. When a debtor's fault causes total impossibility of performance, the creditor suffers more than just the loss of the specific thing or service. There may be consequential losses: a business opportunity missed, costs incurred in relying on the obligation, or other real harm that flows directly from the debtor's failure. Limiting recovery to the bare value of the last item lost would let the debtor escape the full consequences of their fault. The Civil Code does not allow that.
What counts as the debtor's fault
For Article 1204 to apply, the loss of all alternatives must be through the debtor's fault. This covers deliberate acts as well as negligence that results in the things being lost or destroyed. If the loss is caused by a fortuitous event — a typhoon, fire caused by a third party, or some other circumstance beyond the debtor's control — the debtor may not be liable at all. The burden of proving fault lies with the creditor seeking damages.
How damages are computed in practice
You will need to establish: the value of the last prestation lost (which sets the baseline indemnity), and any additional loss you suffered that flows from the impossibility of performance. Additional damages must be proven with evidence of actual harm — lost profits, costs incurred, or other quantifiable consequences. A court will assess what is reasonably connected to the debtor's failure rather than awarding speculative amounts. Keeping records of the losses you suffered, including documents showing the link between the debtor's breach and each item of damage, will be essential to any claim.