Short answer. Yes. Article 2071 of the Civil Code expressly provides that a guarantor may proceed against the debtor even before paying, and being sued by the creditor is the very first situation the article names. You can act now — you do not need to wait until you have actually paid.
What the law says
The guarantor, even before having paid, may proceed against the principal debtor: (1) When he is sued for the payment
Civil Code, Article 2071 — Guarantor's Action Before Paying. Read the full provision →
Being sued triggers the right to act immediately
Article 2071 of the Civil Code makes the guarantor's situation clear: the moment you are sued by the creditor, you do not have to sit and wait. Being sued for payment is the first enumerated trigger in the article, precisely because a guarantor facing a lawsuit needs to be able to involve the debtor right away. Waiting to pay first and then seeking reimbursement afterward would leave you exposed during the litigation with no assistance from the person who actually owed the debt.
What you are asking the debtor to do
Your action against the debtor under Article 2071 is not a claim for reimbursement — you have not paid yet, so there is nothing to reimburse. Instead, you are seeking one of two things: either to be released from the guaranty entirely, or to have the debtor provide you with security that will protect you from the creditor's lawsuit and from the risk that the debtor becomes insolvent before you can collect from them later. The goal is to shift some of the risk back to where it belongs.
Other situations where the same right arises
Article 2071 lists six other situations beyond being sued: the debtor's insolvency, expiration of a period the debtor promised to take you off the hook, the debt becoming due and demandable, passage of ten years on an obligation with no fixed term, reasonable grounds to fear the debtor will abscond, and the debtor being in imminent danger of insolvency. Any one of these — including your situation — gives you the right to proceed. You may face more than one of these triggers at the same time, which strengthens your position.
Practical steps while the lawsuit is pending
If you are already being sued, time is not on your side. You should involve a lawyer both to defend the creditor's claim and to pursue your action against the debtor concurrently. The two proceedings can run in parallel. Securing evidence of the debtor's assets now — before any judgment is entered and before the debtor has reason to hide property — makes recovery more realistic. A lawyer can also advise on whether provisional remedies are available to protect your interests while the cases are ongoing.
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.
- Autocorp Group, et al. vs. Intra Strata Assurance Corp, et al, G.R. No. 166662, June 27, 2008 — read the decision on LawPhil →
- Special Steel Products, Inc. vs. Lutgardo Villareal, et al, G.R. No. 143304, July 8, 2004 — read the decision on LawPhil →
- Rizal Commercial Banking Corporation vs. Teodoro G. Bernardino, G.R. No. 183947, September 21, 2016 — read the decision on LawPhil →