Escolar Documentos
Profissional Documentos
Cultura Documentos
Ong
Guan
Can
v.
The
Century
Insurance
Co.
(46
PHIL.
592),
December
2,
1924
FACTS
ISSUE/S
LAWS
PLAINTIFFS-APPELLEES:
Ong
Guan
Can
and
the
Bank
of
the
Philippine
Islands
DEFENDANT-APPELLANT:
The
Century
Insurance
Co.,
LTD.
PONENTE:
Villamor,
J.
The
plaintiff
owned
a
building
that
was
insured
against
fire
by
the
defendant
in
the
sum
of
Php
30,000,
including
the
merchandise
therein
contained
in
the
sum
of
Php
15,000.
Both
the
house
and
merchandise
insured
were
burned
in
February
28,
1923
while
the
policies
issued
by
the
defendant
in
favor
of
the
plaintiff
were
still
in
force.
The
CFI
of
Iloilo
granted
the
case
in
favor
of
the
plaintiff
that
The
Century
Insurance
Co.
should
pay
Ong
Guan
Can
the
sum
of
Php
45,000
as
the
total
value
of
the
insured
house
and
merchandise.
The
Insurance
Company
appealed
that
the
judgment
be
modified
to
permit
it
to
rebuild
the
house
and
that
they
be
relieved
from
the
payment
of
the
sum
in
which
the
building
was
insured.
Whether
the
defendant-appellant
can
rebuild
the
house
burnt
as
a
sufficient
idemnity
to
the
inured
for
the
actual
loss
suffered
by
him.
Article
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)
HOLDINGS
Yes.
The
defendant
may
build
the
house
as
an
alternative
prestation,
freeing
him
from
the
payment
of
the
sum
in
which
the
building
was
insured.
This
conclusion
is
in
line
with
The
Civil
Codes
Article
1131.
Paying
the
sum
in
which
the
building
was
insured
is
one
of
the
2
prestations
provided
in
one
of
the
clauses
stipulating
the
conditions
of
the
policies.
Based
on
the
same
Article
of
the
Civil
Code,
the
complete
performance
of
one
of
them
is
sufficient
to
extinguish
the
obligation.
While
there
are
several
prestations,
only
one
is
due.