Text of the provision
Art. 2073. When there are two or more guarantors of the same debtor and for the same debt, the one among them who has paid may demand of each of the others the share which is proportionally owing from him. If any of the guarantors should be insolvent, his share shall be borne by the others, including the payer, in the same proportion. The provisions of this article shall not be applicable, unless the payment has been made by virtue of a judicial demand or unless the principal debtor is insolvent.
(1844a)
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, the one who paid may demand each co-guarantor's proportional share; an insolvent's share is borne by the rest — but only if payment was by judicial demand or the debtor is insolvent.
Related provisions
- Article 2072 — Guaranty at Another's Request.
- Article 2076 — Extinguishment of the Guaranty.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.