Text of the provision
Art. 2058. The guarantor cannot be compelled to pay the creditor unless the latter has exhausted all the property of the debtor, and has resorted to all the legal remedies against the debtor.
(1830a)
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
The guarantor cannot be compelled to pay until the creditor has exhausted the debtor's property and legal remedies against the debtor. This is the benefit of excussion — the guarantor's core subsidiary protection.
Related provisions
- Article 2057 — Replacement of a Guarantor.
- Article 2059 — When Excussion Does Not Apply.
Cases citing this article
- Trade and Invesment Development Corporation of the Philippines also known as Philippine Export-Import Credit, G.R. No. 233850, July 1, 2019 — read the decision on LawPhil →
- JN Development Corporation, et al. vs. Philippine Export and Foreign Loan Gurantee Corporation, G.R. No. 151060, August 31, 2005 — read the decision on LawPhil →
- 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 →
- Fideliza J. Aglibot vs. Ingersol L. Santia, G.R. No. 185945, December 5, 2012 — read the decision on LawPhil →
- Jose C. Tupaz IV, et al., vs. The Court of Appeals, et al, G.R. No. 145578, November 18, 2005 — 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.