This document discusses various aspects of contracts of guaranty and suretyship under Philippine law, including: whether the contract is consensual or requires acceptance; whether it is gratuitous or onerous; whether the guarantor's liability is limited or indefinite; whether consent of the creditor is necessary; the concepts of sub-guarantor and co-guarantor; the benefit of excussion; waiver of the benefit of excussion; the right to indemnity and subrogation; the guarantor's right to proceed against the debtor; defenses available to the guarantor; and ways in which the guarantor's obligation may be extinguished. It cites various related provisions of Philippine
This document discusses various aspects of contracts of guaranty and suretyship under Philippine law, including: whether the contract is consensual or requires acceptance; whether it is gratuitous or onerous; whether the guarantor's liability is limited or indefinite; whether consent of the creditor is necessary; the concepts of sub-guarantor and co-guarantor; the benefit of excussion; waiver of the benefit of excussion; the right to indemnity and subrogation; the guarantor's right to proceed against the debtor; defenses available to the guarantor; and ways in which the guarantor's obligation may be extinguished. It cites various related provisions of Philippine
This document discusses various aspects of contracts of guaranty and suretyship under Philippine law, including: whether the contract is consensual or requires acceptance; whether it is gratuitous or onerous; whether the guarantor's liability is limited or indefinite; whether consent of the creditor is necessary; the concepts of sub-guarantor and co-guarantor; the benefit of excussion; waiver of the benefit of excussion; the right to indemnity and subrogation; the guarantor's right to proceed against the debtor; defenses available to the guarantor; and ways in which the guarantor's obligation may be extinguished. It cites various related provisions of Philippine
51. Consensual contract (Art. 1315). Form (Art. 1403 (2-b), Art. 2055; Jao v.
Royal Financing Corporation, G.R. No. L - 16716, April 28, 1962)
52. Gratuitous or onerous (Art. 2048). Accommodation party or for a fee. 53. Guarantor’s liability (Art. 2054). Limited or indefinite. (Art. 2055; Republic v. Pal – Fox Lumber, G.R. No. L – 26473, February 29, 1972; Security Bank v. Cuenca, G.R. No. 138544, October 3, 2000) 54. Is consent or acceptance of a creditor necessary in a contract of guaranty or surety. (Arts. 1236, 1237, 1311, & 2050) 55. Sub – guarantor (Art. 2064 & 2075) 56. Co – guarantor (Arts. 2065, 2073, 2074, & 2078) 57. Benefit of excussion, applicable only to guaranty not surety. (Arts. 2058, 2059 (2), 2060, 2061, 2062; Aglibot v. Santia, G.R. No. 185945, December 5, 2012; Baylon v. Court of Appeals, G.R. No. 109941, August 17, 1999; Bitanga v. Pyramid Construction, G.R. No. 173526, August 28, 2008) 58. Waiver of the benefit of excussion (Arts. 2068 & 2070; J N Development v. Philippine Export and Foreign Loan Guarantee, G.R. No. 151060, August 31, 2005) 59. Indemnity/ subrogation is applicable to guaranty and surety (Arts. 1303, 2066, 2067; Escaño v. Ortigas, G.R. No. 151953, June 29, 2007) 60. Guarantor can proceed against debtor (Art. 2071; Cosmopolitan Insurance v. Reyes, G.R. No. L – 20199, November 23, 1965; Manila Surety v. Almeda, G.R. No. L – 27249, July 31, 1970) 61. Defenses of guarantor (Arts. 2062, 2081) 62. Extinguishment. (Arts. 2063, 2076, 2077, 2078, 2079, & 2080; Estate of Hemady v. Luzon Surety, G.R. No. L – 8437, November 28, 1956; Pacific Tobacco v. Lorenzana, G.R. No. L – 8086, October 31, 1957; National Shipyards v. Torrento, G.R. No. L – 21109, June 26, 1967; Philippine National Bank v. Court of Appeals, G.R. No. L- 30937, January 21, 1987; Radio Corporation v. Roa, G.R. No. 42829, September 30, 1935; Palmares v. Court of Appeals, G.R. No. 126490, March 31, 1998; Philippine National Bank v. Manila Surety, G.R. No. L – 20567, July 30, 1965)