Text of the provision
Art. 1199. A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking.
(1131)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
A debtor bound alternatively by different prestations must completely perform one of them. He cannot assemble performance out of pieces: the creditor cannot be compelled to accept part of one undertaking and part of another.
An alternative obligation gives the debtor a choice among two or more distinct prestations, but the choice is between whole options, not an invitation to mix them. If a debtor is bound to deliver either a specific car or a sum of money, for example, he must hand over the entire car or the entire sum — he cannot deliver half the car's value in cash and expect the creditor to accept the rest as a partial substitute. The creditor, correspondingly, has no obligation to accept a hybrid performance assembled from both undertakings.
Questions about this provision
- My contract lets me deliver either goods or cash - can I hand over part goods and part cash instead of one in full?
- My contract lets the other side deliver either of two things - can they give me part of one and part of the other instead of completing just one?
Related provisions
- Article 1197 — When the Court Fixes the Period.
- Article 1219 — Remission After the Debt Has Already Been Paid.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.