Text of the provision
Art. 2055. A guaranty is not presumed; it must be express and cannot extend to more than what is stipulated therein. If it be simple or indefinite, it shall compromise not only the principal obligation, but also all its accessories, including the judicial costs, provided with respect to the latter, that the guarantor shall only be liable for those costs incurred after he has been judicially required to pay.
(1827a)
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
A guaranty is not presumed; it must be express and cannot exceed what is stipulated. If simple/indefinite, it covers the principal and its accessories, including judicial costs (costs only after the guarantor is judicially required to pay). Strict construction protects the guarantor.
Questions about this provision
Related provisions
- Article 2054 — Guarantor Bound for No More Than the Debtor.
Cases citing this article
- Marjori Tocao and William T. Belo vs. Court of Appeals and Nenita A. Anay, G.R. No. 127405, October 4, 2000 — read the decision on LawPhil →
- Philippine Airlines, Inc. vs PAL Employees Savings & Loan Association, Inc, G.R. No. 201073, February 10, 2016 — read the decision on LawPhil →
- Fideliza J. Aglibot vs. Ingersol L. Santia, G.R. No. 185945, December 5, 2012 — read the decision on LawPhil →
- Spouses Antonio Consing, et al. vs. Court of Appeals, et al, G.R. No. 143584, March 10, 2004 — read the decision on LawPhil →
- Spouses Vicky Tan Toh, et al. vs. Solid Bank Corporation, et al, G.R. No. 154183, August 7, 2003 — 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.