Text of the provision
Art. 2060. In order that the guarantor may make use of the benefit of exclusion, he must set it up against the creditor upon the latter's demand for payment from him, and point out to the creditor available property of the debtor within Philippine territory, sufficient to cover the amount of the debt.
(1832)
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
To use excussion, the guarantor must set it up on the creditor's demand for payment and point out available debtor's property in the Philippines sufficient to cover the debt.
Related provisions
- Article 2059 — When Excussion Does Not Apply.
- Article 2061 — Creditor's Negligence in Excussion.
Cases citing this article
- Benjamin Bitanga vs. Pyramid Construction Engineering Corporation, G.R. No. 173526, August 28, 2008 — 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.