- Petitioner
- Florentina de Guzman
- Respondent
- Anastacio R. Santos
- Citation
- G.R. No. 45571
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Imperial, J.
- Decided
- June 30, 1939
Summary
This case involves the right of a guarantor's estate to recover payment made on behalf of a principal debtor. Santiago Lucero executed a bond as guarantor to discharge attachment of partnership properties in a debt case. When the principal debtors could not pay the judgment, Lucero's estate was compelled to pay P3,665.55 to the creditor. The estate sued Anastacio Santos, one of the partners, for reimbursement. Santos argued he was not liable since he did not sign the bond. The Supreme Court affirmed the lower court's decision, holding that under Civil Code Articles 1838 and 1158, a guarantor who pays has the right to indemnification from the debtor even without the debtor's knowledge. Santos benefited from the attachment discharge and never objected to the bond, making him liable to reimburse the guarantor's estate.