Text of the provision
Art. 2081. The guarantor may set up against the creditor all the defenses which pertain to the principal debtor and are inherent in the debt; but not those that are personal to the debtor.
(1853)
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
The guarantor may raise against the creditor all defenses inherent in the debt that belong to the debtor — but not those personal to the debtor.
Related provisions
- Article 2080 — Guarantor Released by Loss of Subrogation.
- Article 2082 — Legal/Judicial Bondsman.
Cases citing this article
- Spouses Alfredo and Susana Ong vs. Philippine Commercial International Bank, G.R. No. 160466, January 17, 2005 — 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 →
- Autocorp Group, et al. vs. Intra Strata Assurance Corp, et al, G.R. No. 166662, June 27, 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.