Text of the provision
Art. 2080. The guarantors, even though they be solidary, are released from their obligation whenever by some act of the creditor they cannot be subrogated to the rights, mortgages, and preference of the latter.
(1852)
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
Guarantors (even solidary sureties) are released when, by the creditor's act, they can no longer be subrogated to the creditor's rights, mortgages, and preferences. A frequently-invoked defense.
Related provisions
- Article 2078 — Release of One Guarantor.
- Article 2081 — Guarantor's Defenses.
Cases citing this article
- E. Zobel, Inc. vs. Court of Appeals, et al, G.R. No. 113931, May 6, 1998 — read the decision on LawPhil →
- Tomas Ang vs. Associated Bank, et al, G.R. No. 146511, September 5, 2007 — read the decision on LawPhil →
- The Mercantile Insurance Co., Inc. vs. DMCI-Laing Corporation, Inc, G.R. No. 205007, September 16, 2019 — read the decision on LawPhil →
- Paulino M. Ejercito, et al. vs. Oriental Assurance Corporation, G.R. No. 192099, July 8, 2015 — read the decision on LawPhil →
- Gateway Electronics Corporation, et al. vs. Asianbank Corporation, G.R. No. 172041, December 18, 2008 — 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.