- Statute
- Civil Code
- Article
- Art. 2059
- Topic
- Effects of Guaranty
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XV GUARANTY
- Chapter
- CHAPTER 2 Effects of Guaranty
- Formerly
- Art. 1831a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The excussion shall not take place: (1) If the guarantor has expressly renounced it; (2) If he has bound himself solidarily with the debtor; (3) In case of insolvency of the debtor; (4) When he has absconded, or cannot be sued within the Philippines unless he has left a manager or representative; (5) If it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. (1831a)
Intellegal Wiki · In plain terms
The guarantor loses the benefit of excussion in five situations: if he expressly waived it, if he bound himself solidarily with the debtor, if the debtor is insolvent, if the debtor has absconded or cannot be sued in the Philippines (and left no representative), or if seizing the debtor's property clearly would not satisfy the debt.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Benjamin Bitanga v. Pyramid Construction Engineering Corporation
- JN Development Corp. v. PhilGuarantee G.R. No. 151060