Text of the provision
Art. 2047. By guaranty a person, called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so. If a person binds himself solidarily with the principal debtor, the provisions of Section 4, Chapter 3, Title I of this Book shall be observed. In such case the contract is called a suretyship.
(1822a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
By guaranty, the guarantor binds himself to fulfill the debtor's obligation if the debtor fails. If he binds himself solidarily with the debtor, it is a suretyship — and the solidary-obligation rules apply. The key distinction between a guarantor (subsidiary) and a surety (primary).
Related provisions
- Article 2045 — Void Arbitrator-Selection Clause.
- Article 2048 — Guaranty Gratuitous by Default.
Cases citing this article
- Playinn, Inc. vs. Prudential Guarantee And Assurance, Inc, G.R. No. 254764, November 29, 2023 — read the decision on LawPhil →
- Subic Bay Distribution, Inc. vs. Western Guaranty Corp, G.R. No. 220613, November 11, 2021 — read the decision on LawPhil →
- The Mercantile Insurance Co., Inc. vs. DMCI-Laing Corporation, Inc, G.R. No. 205007, September 16, 2019 — read the decision on LawPhil →
- Games and Garments Developers, Inc. vs. Allied Banking Corporation, G.R. No. 181426, July 13, 2015 — read the decision on LawPhil →
- Tomas Ang vs. Associated Bank, et al, G.R. No. 146511, September 5, 2007 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.