Text of the provision
Art. 2062. In every action by the creditor, which must be against the principal debtor alone, except in the cases mentioned in article 2059, the former shall ask the court to notify the guarantor of the action. The guarantor may appear so that he may, if he so desire, set up such defenses as are granted him by law. The benefit of excussion mentioned in article 2058 shall always be unimpaired, even if judgment should be rendered against the principal debtor and the guarantor in case of appearance by the latter.
(1834a)
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
In an action (which must be against the principal debtor alone, except in the Art. 2059 cases), the creditor must ask the court to notify the guarantor, who may appear and raise defenses; excussion remains unimpaired.
Related provisions
- Article 2061 — Creditor's Negligence in Excussion.
- Article 2063 — Compromise and the Guarantor.
Cases citing this article
- Benjamin Bitanga vs. Pyramid Construction Engineering Corporation, G.R. No. 173526, August 28, 2008 — read the decision on LawPhil →
- Pacionara C. Baylon vs. Court of Appeals & Leonila Tomacruz, G.R. No. 109941, August 17, 1999 — 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.