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Section 3 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. 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. Art. 1201. The choice shall produce no effect except from the time it has been communicated. Art. 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. Art. 1203. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. Art. 1204. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible. Damages other than the value of the last thing or service may also be awarded. Art. 1205. When the choice has been expressly given to the creditor , the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Until then the responsibility of the debtor shall be governed by the following rules: (1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder , or that which remains if only one subsists; (2) If the loss of one of the things occurs through the fault of the debtor , the creditor may claim any of those subsisting, or the price of that which, through the fault of the former has disappeared , with a right to damages; (3) If all the things are lost through the fault of the debtor , the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages.The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. 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. Joint and Solidary Obligations Art. 1207. The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand , or that each one of the latter is bound to render, entire compliance with the prestations. There is a solidary liability only when the obligation expressly so states, or when the law of the nature of the obligation requires solidarity. Art. 1208. If from the law, or the nature or the wording of the obligation to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credits or debts being considered distinct from one another , subject to the Rules of Court governing the multiplicity of suits . Art. 1209. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors . if one of the latter should be insolvent, the others shall not be liable for his share. Art. 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Art. 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Art. 1212. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. Art. 1213. A solidary creditor cannot assign his rights without the consent of the others. Art. 1214. The debtor may pay any one of the solidary creditors ; but if any demand , judicial or extrajudicial , has been made by one of them, payment should be made to him.Art. 1215. Hoyation, compensation , confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors , shall extinguish the obligation , without prejudice to the provisions of Article 1219. The creditors who may have executed any of these acts , as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. Art. 1215. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others , so long as the debt has not been fully coliected. Art. 1212. Payment made by one of the solidary debtors ertinguishes the obligation . If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his coudebtors only the share which corresponds to each, with the interest for the payment already made . If the payment is made before the debt is due, no interest for the intervening period may he demanded. 1I.|"|.|'hen one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each. Art. 1213. Payment by a solidary debtor shall not entie him to reimbursement from his co- debtors ifsuch payment is made after the obligation has prescribed or become iliegal. Art. 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Art. 1220. The remission of the 1.IIrhole obligation , obtained by one ofthe solidary debtors , does not entitle him to reimbursement from his co-debtors. Art. 1221. lfthe thing has been lost or ifthe prestation has become impossible without the fault of the solidaryr debtors , the obligation shall be extinguished. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest , without prejudice to their action against the guilty or negligent debtor. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor , the proyisions ofthe preceding paragraph shall apply. Art. 1222. A solidary debtor may, in action filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him , or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible. Divisible and Indivisible Obligations Art. 1223. The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title. Art. 1224. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking . The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. Art. 1225. For the purposes of the preceding articles , obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible. When the obligation has for its object the execution of certain number of days of work, the accomplishment of work by metrical units , or analogous things which by their nature are susceptible of partial performance , it shall be divisible. However, even though the object or service may be physically divisible, an obligation is indivisible if so, provided by law or intended by the parties. In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case. Obligations With A Penal Clause Art. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary . Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation. The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. Art. 1227. The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where the right has been expressly reserved for him. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, unless this right has been clearly granted him. However, if after the creditor hasdecided to require the fulfilment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced. Art. 1228. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. Art. 1229. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance , the penalty may also be reduced by the courts if it is iniquitous or unconscionable. Art. 1230. The nullity of the penal clause does not carry with it that of the principal obligation. The nullity of the principal obligation carries with it that of the penal clause