Short answer. No, not by default. When several guarantors back the same debtor for the same debt, the Civil Code divides the obligation among them, and the creditor can only claim each guarantor's own share — unless the guarantors expressly agreed to be solidarily liable, in which case each can be made to answer for the whole debt.
What the law says
Should there be several guarantors of only one debtor and for the same debt, the obligation to answer for the same is divided among all. The creditor cannot claim from the guarantors except the shares which they are respectively bound to pay, unless solidarity has been expressly stipulated.
Civil Code, Article 2065 — Benefit of Division. Read the full provision →
The default is division, not full exposure
Article 2065 answers this directly: where several guarantors stand behind the same debtor for the same debt, the obligation to answer for it is divided among all of them. That means the creditor cannot go after any one guarantor for the entire amount — only for that guarantor's proportionate share. This is called the benefit of division, and it exists precisely so that guaranteeing a debt alongside others does not silently turn into guaranteeing the whole thing alone.
The one exception: solidarity has to be express
The division rule falls away only where solidarity has been expressly stipulated. If the guaranty agreement itself states that the guarantors are solidarily liable, each one can then be pursued for the full debt, with a right to seek reimbursement from co-guarantors afterward. The key word is "expressly" — solidarity is not assumed or implied from the mere fact that several people signed as guarantors together. If your agreement is silent on the point, the default division applies.
When the benefit of division can stop protecting you
The article notes that this benefit of division against co-guarantors ceases in the same circumstances that end a guarantor's right to insist the creditor first go after the principal debtor's own property. In other words, division is not an absolute, permanent shield — it can be lost under the same kind of situations that would already remove a guarantor's other usual protections. Whether any of those circumstances apply to your situation depends on the specific facts of your guaranty and the debtor's own conduct.
What to check in your own guaranty
Start by reading the guaranty document itself for any language stating that the guarantors are solidarily liable — if that phrase or its equivalent is absent, Article 2065's default division should apply to you. Also identify how many guarantors there are and what share each is bound to pay, since your own exposure is limited to your share, not the total debt, under the ordinary rule. Bring the guaranty agreement and any demand you have received to a lawyer to confirm exactly how the division works out in your case.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Orix Metro Leasing and Finance Corporation vs. Cardline, Inc., Mary C. Calubad, Sony N. Calubad, and the Heirs of Ng Beng Sheng, Puring C. Ng, et al, G.R. No. 201417, January 13, 2016 — read the decision on LawPhil →