Text of the provision
Art. 2065. Should there be several guarantors of only one debtor and for the same debt, the obligation to answer for the same is divided among all. The creditor cannot claim from the guarantors except the shares which they are respectively bound to pay, unless solidarity has been expressly stipulated. The benefit of division against the co-guarantors ceases in the same cases and for the same reasons as the benefit of excussion against the principal debtor.
(1837)
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
Where there are several guarantors of one debt, the obligation is divided among them — the creditor may claim only each one's share, unless solidarity was stipulated. This is the benefit of division.
Related provisions
- Article 2064 — Sub-Guarantor's Excussion.
- Article 2066 — Guarantor's Right to Indemnity.
Cases citing this article
- 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 →
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.