- Statute
- Philippine Civil Code
- Article
- Art. 2070
- 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. 1842a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
If the guarantor has paid without notifying the debtor, and the latter not being aware of the payment, repeats the payment, the former has no remedy whatever against the debtor, but only against the creditor. Nevertheless, in case of a gratuitous guaranty, if the guarantor was prevented by a fortuitous event from advising the debtor of the payment, and the creditor becomes insolvent, the debtor shall reimburse the guarantor for the amount paid. (1842a)
Intellegal Wiki · In plain terms
If a guarantor pays without telling the debtor, and the unaware debtor then pays the creditor again, the guarantor cannot recover from the debtor at all and may only pursue the creditor. The exception: in a free (gratuitous) guaranty, if a fortuitous event kept the guarantor from warning the debtor and the creditor later becomes insolvent, the debtor must reimburse the guarantor.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- JN Development Corp. v. PhilGuarantee G.R. No. 151060