Text of the provision
Art. 2079. An extension granted to the debtor by the creditor without the consent of the guarantor extinguishes the guaranty. The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extension of time referred to herein.
(1851a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.
What this article means
A creditor who grants the debtor an extension without the guarantor's consent extinguishes the guaranty — the guarantor was answering for the debt as it stood, not as the creditor later chose to reshape it. The article then draws a careful boundary: the creditor's mere failure to demand payment after the debt falls due is not, by itself, an extension.
Related provisions
- Article 2035 — What Can Never Be Compromised.
- Article 2089 — Pledge and Mortgage Are Indivisible.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.