Text of the provision
Art. 2070. If the guarantor has paid without notifying the debtor, and the latter not being aware of the payment, repeats the payment, the former has no remedy whatever against the debtor, but only against the creditor. Nevertheless, in case of a gratuitous guaranty, if the guarantor was prevented by a fortuitous event from advising the debtor of the payment, and the creditor becomes insolvent, the debtor shall reimburse the guarantor for the amount paid.
(1842a)
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
If the guarantor paid without notice and the unaware debtor pays again, the guarantor's only recourse is against the creditor, not the debtor — with a narrow fortuitous-event exception for gratuitous guaranties.
Related provisions
- Article 2069 — Premature Payment by the Guarantor.
- Article 2071 — Guarantor's Action Before Paying.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.