In a void marriage, any interested party may attack the marriage directly or collaterally

without prescription, which may be filed even beyond the lifetime of the parties to the
marriage (JULIANO-LLAVE v. REPUBLIC, G.R. No. 169766, March 30, 2011).

GUARANTOR v. SURETY

GUARANTY
His liability depends upon an independent
agreement to pay the obligation of the
principal if he fails to do so.
Obligation is secondary.
Undertaking to pay if the principal debtor
defaults.
He is an insurer of the solvency of the
principal debtor.
He is entitled to excussion, that is, the
exhaustion of properties of the principal
debtor before he may be held liable.
SURETY
He assumes liability as a regular party to the
contract.
Obligation is primary; the surety is solidarily
bound to the obligation of the principal
debtor.
Undertaking is to pay if the principal debtor
does not pay. Hence, obligation is more
onerous.
He is an insurer of the debt itself.
He is not entitled to the benefit of excussion
(ONG v. PCIB, G.R. No. 160466, January 17,
2005).

A surety is considered in law as being the same party as the debtor in relation to whatever
is adjudged touching the obligation of the latter, and their liabilities are interwoven as to be
inseparable (YULIM INTERNATIONAL COMPANY LTD., JAMES YU, JONATHAN YU, and
ALMERICK TIENG LIM v. INTERNATIONAL EXCHANGE, G.R. No. 203133, February 18, 2015).