- Statute
- Civil Code
- Article
- Art. 2080
- 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. 1852 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The guarantors, even though they be solidary, are released from their obligation whenever by some act of the creditor they cannot be subrogated to the rights, mortgages, and preference of the latter. (1852)
Intellegal Wiki · In plain terms
Guarantors are released from their obligation whenever some act of the creditor makes it impossible for them to step into the creditor's rights, mortgages, and preferences (subrogation) after they pay. This release applies even to guarantors who bound themselves solidarily with the debtor.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Spouses Vicky Tan Toh v. Solid Bank Corporation G.R. No. 154183
- The Mercantile Insurance Co. v. Dmci-Laing Construction G.R. No. 205007
- Tomas Ang v. Associated Bank G.R. No. 146511
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 Provisions may have been amended or repealed.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.