- Statute
- Civil Code
- Article
- Art. 2079
- Topic
- Extinguishment of Guaranty
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XV GUARANTY
- Chapter
- CHAPTER 3 Extinguishment of Guaranty
- Formerly
- Art. 1851a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
An extension granted to the debtor by the creditor without the consent of the guarantor extinguishes the guaranty. The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extension of time referred to herein. (1851a)
Intellegal Wiki · In plain terms
If the creditor grants the debtor an extension of time to pay without the guarantor's consent, the guaranty is extinguished. However, the creditor simply not demanding payment right after the debt falls due does not, by itself, amount to granting such an extension.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Spouses Vicky Tan Toh v. Solid Bank Corporation
- Security Bank v. Rodolfo M. Cuenca
- Pioneer Insurance & Surety Corporation v. The Hon. Court of Appeals
- Subic Bay Distribution v. Stronghold Insurance Company
- Ccc Insurance Corporation v. Kawasaki Steel Corporation
- Trade v. Asia Paces Corporation
- JN Development Corp. v. PhilGuarantee G.R. No. 151060
- Valencia v. Leoncio G.R. No. L-7834
Related provisions in this Chapter
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Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.