Text of the provision
Art. 1206. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud.
(n)
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 official-text renderings.
What this article means
A facultative obligation has one prestation due, but the debtor may substitute another. Loss of the intended substitute before substitution does not make the debtor liable; once substitution is made, the debtor answers for the substitute's loss through delay, negligence, or fraud.
Related provisions
- Article 1205 — Loss When the Creditor Has the Choice.
- Article 1207 — Joint and Solidary Liability Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.