Guaranty and Suretyship

Legal and Judicial Bonds | Guaranty and Suretyship | CREDIT TRANSACTIONS

CIVIL LAW: CREDIT TRANSACTIONS > GUARANTY AND SURETYSHIP > LEGAL AND JUDICIAL BONDS

Overview

Legal and judicial bonds are specific applications of the concepts of guaranty and suretyship under the Civil Code of the Philippines. They arise primarily in legal proceedings or in compliance with statutory obligations. These bonds serve to secure the performance of an obligation or the payment of a liability.

Key Concepts

  1. Nature of Bonds

    • A bond is a written agreement whereby one party (the surety) guarantees the performance of an obligation by another (the principal) to a third party (the obligee).
    • Legal and judicial bonds specifically arise in the context of legal proceedings or statutory requirements.

  2. Legal Basis

    • Governed by Title XV, Chapter 3 of the Civil Code (Guaranty and Suretyship).
    • Rules on bonds in judicial proceedings are also covered under procedural law, particularly in the Rules of Court.

  3. Types of Bonds

    • Legal Bonds: Required by law or regulation, often related to compliance with administrative or statutory requirements.
    • Judicial Bonds: Required by courts in legal proceedings, intended to secure the enforcement of judicial orders or judgments.

  4. Characteristics

    • Accessory Contract: Bonds are accessory to the principal obligation. If the principal obligation is extinguished, the bond is likewise extinguished.
    • Unilateral: The bond is enforceable against the surety even if the principal debtor defaults.
    • Solidary Obligation: In many cases, the surety assumes joint and several liability with the principal debtor.

Legal Bonds

Legal bonds are imposed by statutory law to ensure compliance with legal requirements. Common instances include:

  1. Fidelity Bonds

    • Required of public officials or employees handling public funds or properties.
    • Secures accountability for financial loss or mismanagement.

  2. Customs Bonds

    • Mandated by customs laws to ensure compliance with import/export regulations.
    • Examples: Bonds for the release of imported goods pending duties payment.

  3. Performance Bonds

    • Required in government procurement or construction contracts.
    • Guarantees the fulfillment of contractual obligations.

  4. Bail Bonds in Non-Judicial Contexts

    • Bonds may also be required in quasi-judicial proceedings to ensure a party's compliance.

Judicial Bonds

Judicial bonds are specifically required by courts in the course of litigation to safeguard the rights of parties and ensure compliance with judicial orders. Common examples include:

  1. Bail Bond (Rule 114, Rules of Court)

    • Posted by an accused in a criminal case to secure provisional liberty while ensuring appearance in court proceedings.
    • Amount determined based on the offense and judicial discretion.

  2. Attachment Bond (Rule 57, Rules of Court)

    • Posted by a plaintiff in a civil case seeking a writ of attachment.
    • Ensures indemnity to the defendant for damages if the attachment is wrongfully issued.

  3. Replevin Bond (Rule 60, Rules of Court)

    • Posted by a plaintiff seeking possession of personal property.
    • Guarantees the return of the property if the court adjudges in favor of the defendant.

  4. Injunction Bond (Rule 58, Rules of Court)

    • Required for the issuance of a preliminary injunction.
    • Secures damages to the adverse party if the injunction is later determined to have been improperly issued.

  5. Supersedeas Bond (Rule 39, Rules of Court)

    • Required to stay the execution of a judgment pending appeal.
    • Ensures the judgment's satisfaction if the appeal is unsuccessful.

  6. Administrator/Executor Bonds (Rule 81, Rules of Court)

    • Required for estate administrators or executors to secure the proper administration of the decedent's estate.

  7. Indemnity Bonds

    • Required in various circumstances to protect against potential damages due to wrongful actions by the party obtaining the bond.

Parties Involved

  1. Principal: The party primarily obligated to perform or comply.
  2. Surety: The guarantor, often a bonding or insurance company.
  3. Obligee: The party in whose favor the bond is issued.

Requisites for Enforcement

  1. Written Agreement: Legal and judicial bonds must be in writing to be enforceable.
  2. Specific Obligation: The bond must identify the obligation it secures.
  3. Capacity of Parties: All parties to the bond must have legal capacity to enter into the contract.

Liability of the Surety

  1. Extent of Liability

    • The surety’s liability is typically coextensive with that of the principal debtor.
    • The surety cannot be held liable for more than what is stipulated in the bond.

  2. Immediate Enforcement

    • The obligee can directly sue the surety without exhausting remedies against the principal.

  3. Defenses

    • Fraud, duress, or illegality in the execution of the bond.
    • Discharge of the principal obligation.

Termination of Bonds

  1. Satisfaction of Obligation: The bond is extinguished once the obligation is performed.
  2. Expiration: Bonds may have a specified duration after which they are no longer enforceable.
  3. Release by Obligee: Voluntary release by the obligee extinguishes liability.

Notable Doctrines and Jurisprudence

  1. Solidary Liability of the Surety
    • In judicial bonds, the surety assumes solidary liability with the principal, ensuring enforceability even in cases of principal default.
  2. No Benefit of Exhaustion
    • Unlike guarantors, sureties are not entitled to the benefit of exhaustion under Article 2058 of the Civil Code.
  3. Good Faith in Issuance
    • Courts have emphasized the requirement of good faith in securing and executing bonds, especially in public or judicial functions.

Practical Considerations

  1. Insurance Companies and Surety Firms

    • Most bonds are issued by accredited bonding or insurance companies.
    • These entities often require counter-guarantees from the principal.

  2. Costs and Premiums

    • Bonds typically require the payment of premiums, which are calculated based on the amount guaranteed.

  3. Court Approval

    • Judicial bonds often require approval from the court as to sufficiency and form.

By understanding the legal and judicial bond framework, parties can navigate credit transactions and court proceedings more effectively while safeguarding their interests.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Extinguishment of Guaranty | Guaranty and Suretyship | CREDIT TRANSACTIONS

Extinguishment of Guaranty

In the Philippine legal context, the extinguishment of a guaranty is governed primarily by the Civil Code of the Philippines and other applicable laws. A guaranty, being an accessory obligation, is extinguished when the principal obligation to which it is attached is extinguished, among other specific instances. Below is an exhaustive discussion on the rules governing the extinguishment of guaranty:

1. General Rule: Extinguishment of Principal Obligation Extinguishes Guaranty

  • Nature of Guaranty as Accessory Obligation
    Article 2052 of the Civil Code states that a guaranty is an accessory obligation and exists only as long as the principal obligation exists. If the principal obligation is extinguished, the guaranty is also extinguished.

  • Modes of Extinguishment of Principal Obligation
    The guaranty is extinguished if the principal obligation is extinguished by any of the following:

    • Payment or performance (Art. 1231)
    • Loss of the thing due (Art. 1262-1265)
    • Condonation or remission of the debt (Art. 1270)
    • Confusion or merger of rights of creditor and debtor (Art. 1275)
    • Compensation (Art. 1278)
    • Novation (Art. 1291)

2. Specific Modes of Extinguishment of Guaranty

The guaranty may also be extinguished independently of the principal obligation due to circumstances affecting the guaranty itself, as follows:

A. By the Release of the Guarantor

  • Article 2076: The guarantor may be released by the creditor, either expressly or impliedly.
  • If the creditor waives the guaranty without extinguishing the principal obligation, the guarantor is discharged from liability.

B. By the Extinguishment of the Principal Obligation

  • As previously noted, any valid extinguishment of the principal obligation extinguishes the guaranty.

C. By Prescription

  • The obligation of the guarantor prescribes at the same time as the principal obligation. However, actions to enforce the guaranty may be subject to different prescription periods, depending on the circumstances (e.g., obligations subject to the ten-year or six-year prescription periods under Articles 1144 and 1145).

D. By the Beneficiary’s Actions

  1. Release of Securities or Collaterals

    • If the creditor releases securities or collaterals given by the debtor or guarantor without the guarantor's consent, the guaranty is extinguished to the extent of the value of the released securities (Art. 2081).

  2. Failure to Act Against the Principal Debtor

    • If the creditor’s negligence or acts impair the guarantor’s right to reimbursement or subrogation against the principal debtor, the guaranty may be extinguished.

E. By Novation of the Principal Obligation

  • If the terms of the principal obligation are substantially changed without the guarantor's consent, the guaranty is extinguished unless the guarantor agrees to the changes (Art. 1291).

F. By the Death of the Guarantor

  • The Civil Code provides that the guarantor’s heirs are bound to fulfill the obligation only to the extent of the assets inherited (Art. 2060). If the estate is insufficient, the guaranty is extinguished.

G. By Other Grounds Specific to the Guaranty

  • If the guaranty was conditional, and the condition fails or does not occur, the guaranty is extinguished.
  • A guaranty may also terminate if it is limited to a specific period or amount and that period lapses or the amount is fully satisfied.

3. Legal Provisions on Continuing Guaranty

Nature of Continuing Guaranty

  • A continuing guaranty, which secures future debts or obligations, is extinguished upon:
    • The express revocation by the guarantor as to future transactions, provided that the creditor is duly notified (Art. 2059).
    • The lapse of the specified period within which the guaranty operates.

Creditor's Waiver or Acts

  • The creditor’s waiver of the continuing nature of the guaranty or its unilateral discharge may also extinguish it.

4. The Guarantor’s Subrogation and Extinguishment

  • Once a guarantor pays the obligation of the debtor, the guarantor is subrogated to the rights of the creditor against the debtor (Art. 2067).
  • However, if the creditor impairs these rights by condonation, release, or failure to secure the debtor's collateral, the guarantor’s obligation is proportionally extinguished.

5. Suretyship Distinguished from Guaranty

Although suretyship is closely related to guaranty, their extinguishment may differ due to the solidary nature of suretyship:

  • A surety may be discharged by acts of the creditor impairing its rights to reimbursement, just like a guarantor.
  • However, the strict application of solidary liability in suretyship may sometimes require explicit provisions to extinguish the obligation.

Key Jurisprudence

Several Supreme Court cases provide clarity on the extinguishment of guaranty:

  1. Sps. Yu vs. CA (2002)
    • Clarifies that the release of the principal obligation extinguishes the guaranty unless expressly reserved.
  2. PNB vs. CA (1999)
    • Establishes that the release of a co-guarantor does not necessarily discharge the remaining guarantors unless otherwise stipulated.

This comprehensive outline demonstrates that the extinguishment of guaranty involves both general rules tied to the principal obligation and specific rules that recognize the unique nature of the guaranty relationship.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Effects of Guaranty | Guaranty and Suretyship | CREDIT TRANSACTIONS

CIVIL LAW > VIII. CREDIT TRANSACTIONS > C. GUARANTY AND SURETYSHIP > 2. EFFECTS OF GUARANTY

The topic of "Effects of Guaranty" under Guaranty and Suretyship is governed by the Civil Code of the Philippines. Guaranty and suretyship are governed by obligations and contract law principles, with specific provisions that regulate their effects on the principal, guarantor/surety, and creditor. Below is a meticulous and comprehensive discussion:

1. Definition and Nature of Guaranty

  • Guaranty is defined under Article 2047 of the Civil Code:
    • It is a contract whereby a person (the guarantor) binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter fails to do so.
  • Nature of Liability: The guarantor’s liability is secondary and subsidiary, meaning that the guarantor only becomes liable if the principal debtor fails to perform his obligation.
  • Personal Obligation: The guarantor binds his own property, distinct from the principal debtor’s obligation.

2. Effects of Guaranty on the Principal Parties

A. Between the Guarantor and the Creditor

  1. Creditor’s Rights Against the Guarantor:

    • The guarantor becomes liable only upon default of the principal debtor.
    • The guarantor is entitled to require the creditor to exhaust all legal remedies against the principal debtor before proceeding against him (Article 2058, Civil Code). This is the benefit of excussion.

  2. Exceptions to the Benefit of Excussion: Under Article 2059, the guarantor cannot invoke the benefit of excussion in the following cases:

    • If he has expressly renounced it.
    • If he has bound himself solidarily with the principal debtor.
    • If the principal debtor is insolvent.
    • If the principal debtor cannot be sued within the Philippines unless he left without the creditor's consent.
    • If it is evident that an execution on the debtor's property would not result in satisfaction of the obligation.

  3. Extent of Liability:

    • The guarantor cannot be held liable for more than what is stipulated in the contract (Article 2054). If the obligation is conditional, the guaranty is also conditional.

  4. Subrogation of Rights:

    • Upon payment by the guarantor, he is subrogated to all the rights of the creditor against the principal debtor (Article 2067).

B. Between the Guarantor and the Principal Debtor

  1. Right to Reimbursement:

    • The guarantor who has paid the debt has the right to reimbursement from the principal debtor (Article 2066). The amount includes:
      • The total amount paid.
      • Interest from the time of payment.
      • Any expenses incurred by the guarantor due to the guaranty, provided these are reasonable and justified.

  2. Action for Exoneration:

    • Under Article 2071, the guarantor can compel the debtor to make provisions for the payment of the debt before the guarantor has paid:
      • When the debtor becomes insolvent.
      • When the debtor has failed to pay the debt after it has become due.
      • When the debt becomes demandable by reason of the expiration of the term.
      • When the guarantor is sued for payment.

  3. Effect of Payment Without Notification:

    • If the guarantor pays without notifying the principal debtor, and the debtor pays as well, the guarantor loses his right to reimbursement (Article 2066).

C. Between Co-Guarantors

  1. Right to Contribution:

    • If there are multiple guarantors for the same debtor and debt, and one pays more than his share, he may demand proportional contribution from his co-guarantors (Article 2073).

  2. Extent of Contribution:

    • The contribution is based on the amount each guarantor agreed to be liable for. However, if a co-guarantor is insolvent, his share is borne proportionately by the others.

3. Effects of Guaranty on Third Parties

  • The guaranty does not create any obligation or burden on third parties unless there is a stipulation expressly binding them.

4. Defenses Available to the Guarantor

  1. Defenses Derived from the Principal Obligation:

    • The guarantor may set up defenses which the principal debtor could have invoked, such as:
      • Nullity of the principal obligation.
      • Prescription of the obligation.
      • Payment or performance by the debtor.

  2. Defenses Personal to the Guarantor:

    • The guarantor may invoke personal defenses, such as:
      • Lack of consent to the guaranty.
      • Expiration or invalidity of the guaranty.

5. Extinguishment of Guaranty

The guaranty is extinguished under the following circumstances:

  1. Extinguishment of the Principal Obligation:
    • Since the guaranty is accessory, its extinguishment follows the principal obligation.
  2. Novation:
    • Any substantial change in the terms of the principal obligation made without the guarantor’s consent releases him from liability (Article 2079).
  3. Release by the Creditor:
    • If the creditor releases the guarantor or impairs the guarantor’s rights against the principal debtor (e.g., through condonation), the guaranty is extinguished.
  4. Loss of Security:
    • If the creditor, through his fault, causes the guarantor to lose his right to be subrogated to the securities given by the debtor, the guarantor is proportionally released (Article 2080).

6. Suretyship Distinguished from Guaranty

Though often used interchangeably, guaranty and suretyship differ in key aspects:

  • In suretyship, the surety’s liability is primary and solidary, meaning the creditor may directly demand payment from the surety without first proceeding against the principal debtor.
  • In guaranty, the guarantor’s liability is subsidiary, contingent upon the debtor's default.

Key Jurisprudence

  1. Development Bank of the Philippines v. Prudential Bank (1997):
    • Established that guaranty is purely accessory and contingent.
  2. Manila Surety and Fidelity Co., Inc. v. Batu Construction (1969):
    • Highlighted that the surety’s liability is primary and akin to that of the principal debtor.

This exhaustive outline ensures clarity on the effects of guaranty under Philippine Civil Law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Nature and Extent of Guaranty | Guaranty and Suretyship | CREDIT TRANSACTIONS

CIVIL LAW > VIII. CREDIT TRANSACTIONS > C. GUARANTY AND SURETYSHIP > 1. NATURE AND EXTENT OF GUARANTY

Definition and Concept of Guaranty

A guaranty is a contract where a person, called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter fails to do so. This contract is governed by Articles 2047 to 2084 of the Civil Code of the Philippines.

Characteristics of a Guaranty

  1. Accessory Contract - A guaranty cannot exist without a valid principal obligation. If the principal obligation is void, the guaranty is also void.
  2. Subsidiary Obligation - The guarantor's liability is secondary; the creditor must exhaust the debtor's properties first (Article 2058), except in certain cases (e.g., insolvency, waiver of excussion).
  3. Consensual - A guaranty is perfected by the mere agreement of the parties; no delivery of an object is necessary.
  4. Unilateral or Bilateral - It may be unilateral when only the guarantor has obligations, or bilateral if the creditor has reciprocal obligations.

Kinds of Guaranty

  1. As to Source:

    • Legal Guaranty: Imposed by law (e.g., liability of a guardian or administrator).
    • Conventional Guaranty: Arises from the will of the parties.
    • Judicial Guaranty: Provided by order of the court (e.g., posting of a bond).

  2. As to Object:

    • Guaranty of Payment: Guarantor is liable immediately upon default.
    • Guaranty of Performance: Ensures the debtor fulfills a specific act.

  3. As to Extent:

    • Specific Guaranty: Limited to a particular obligation.
    • Continuing Guaranty: Applies to a series of transactions (Article 2053).

Extent of Guarantor’s Liability

  1. Limited to the Principal Obligation:

    • The guarantor is not liable for more than what is due from the debtor, including interest and other agreed-upon damages, unless otherwise stipulated (Article 2054).

  2. Strict Construction:

    • A guaranty must be strictly construed against the creditor and in favor of the guarantor. Obligations not expressly included in the guaranty are not enforceable against the guarantor (Article 1378).

  3. Solidary Liability:

    • A guarantor is not presumed to be solidarily liable unless explicitly stated. If solidary liability is agreed upon, the contract is treated as suretyship (Article 2047).

Obligations of the Guarantor

  1. Right to Benefit of Excussion (Article 2058):

    • The guarantor can demand that the creditor exhaust the properties of the principal debtor before proceeding against the guarantor. However, this right is waived in the following cases:
      • The guarantor has expressly renounced excussion.
      • The guarantor is solidarily liable (surety).
      • The principal debtor cannot be sued within the Philippines.
      • The principal debtor has become insolvent.

  2. Right to Subrogation (Article 2067):

    • Upon payment, the guarantor is subrogated to the rights of the creditor, allowing him to recover from the principal debtor.

Special Cases and Rules

  1. Multiple Guarantors:

    • If several guarantors guarantee the same obligation, their liability is joint unless expressly stated as solidary (Article 2055).

  2. Extinguishment of Guaranty (Articles 2076–2084):

    • Guaranty is extinguished when:
      • The principal obligation is extinguished.
      • The creditor grants an extension to the debtor without the guarantor's consent.
      • The guarantor voluntarily pays the debt without informing the debtor and without demand from the creditor, prejudicing the latter’s rights.

Guaranty vs. Suretyship

  1. Nature:

    • Guaranty: Subsidiary obligation.
    • Suretyship: Primary and solidary liability with the debtor.

  2. Liability:

    • Guaranty: Liability arises only after excussion.
    • Suretyship: Liability arises immediately upon default.

  3. Consent of the Principal Debtor:

    • Guaranty: Generally, the debtor's consent is not necessary.
    • Suretyship: The surety typically requires consent from the debtor, though not always explicitly.

Conclusion

The provisions on guaranty and suretyship in Philippine law ensure clarity in credit transactions by defining the scope, nature, and limits of the guarantor's liability. The guarantor’s rights, such as excussion and subrogation, balance the interests of all parties. It is essential for creditors and guarantors to precisely stipulate the terms of the guaranty to avoid legal ambiguities or disputes.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Guaranty and Suretyship | CREDIT TRANSACTIONS

CIVIL LAW > VIII. CREDIT TRANSACTIONS > C. GUARANTY AND SURETYSHIP

Guaranty and suretyship are credit transactions under Philippine civil law that establish a relationship where one person binds themselves to answer for the debt, default, or miscarriage of another. These concepts are governed by Articles 2047 to 2084 of the Civil Code of the Philippines and applicable jurisprudence. Below is a meticulous discussion of the legal principles, distinctions, and applications of guaranty and suretyship:

I. DEFINITION AND NATURE

A. Guaranty

  • Article 2047: Guaranty is a contract where a person (guarantor) binds themselves to the creditor to fulfill the obligation of the principal debtor if the latter fails to do so.
  • Characteristics:
    • Accessory Contract: Cannot exist without a principal obligation.
    • Unilateral or Bilateral: Generally unilateral but can be bilateral if the guarantor is compensated.
    • Subsidiary Nature: The guarantor becomes liable only upon the default of the principal debtor.

B. Suretyship

  • Article 2047 (par. 2): If a person binds themselves solidarily with the principal debtor, it is called suretyship.
  • Characteristics:
    • Accessory Contract: Like guaranty, it is ancillary to a principal obligation.
    • Solidary Obligation: The surety directly assumes the obligation of the debtor, effectively becoming primarily liable.

II. ELEMENTS

  1. Principal Obligation: A valid and existing obligation between the principal debtor and creditor.
  2. Consent of the Guarantor or Surety: The guarantor/surety must expressly agree to undertake the obligation.
  3. Capacity: The guarantor/surety must have the capacity to enter into the contract.
  4. Cause or Consideration: For onerous guaranties, consideration is necessary. Gratuitous guaranties rely on liberality.

III. DISTINCTIONS BETWEEN GUARANTY AND SURETYSHIP

Aspect Guaranty Suretyship
Nature Subsidiary Solidary
Liability Contingent on the debtor's default Immediate and direct
Demand from Debtor Required before guarantor's liability Not required
Extent of Liability Limited to what is agreed in the contract Co-extensive with that of the principal debtor

IV. KINDS OF GUARANTY

  1. As to Formation:

    • Conventional: By agreement of the parties.
    • Legal: Imposed by law (e.g., guardians for minors).
    • Judicial: Ordered by a court.

  2. As to Consideration:

    • Gratuitous: No compensation.
    • Onerous: Guarantor is paid or compensated.

  3. As to Extent:

    • Simple Guaranty: Covers only the principal obligation.
    • Continuing Guaranty: Covers future obligations within the agreed limit.

V. OBLIGATIONS AND RIGHTS OF THE GUARANTOR

A. Obligations of the Guarantor

  1. To Pay upon Default of the Debtor: The guarantor must fulfill the obligation once the principal debtor defaults.
  2. To Pay Interest and Expenses: If agreed or stipulated, the guarantor is liable for interest and incidental expenses.

B. Rights of the Guarantor

  1. Right of Exoneration: Demand that the principal debtor fulfill the obligation when due.
  2. Right of Indemnity: Recover from the principal debtor what the guarantor paid on their behalf.
  3. Right of Subrogation: Step into the shoes of the creditor once the guaranty obligation is fulfilled.
  4. Benefit of Excussion (Article 2058): Demand that the creditor exhausts the properties of the debtor first before enforcing the guaranty (not applicable in suretyship).

VI. EXTINCTION OF GUARANTY

Guaranty is extinguished by:

  1. Extinction of the Principal Obligation: If the debt is paid or otherwise discharged.
  2. Release by the Creditor: Voluntary relinquishment by the creditor.
  3. Novation: Substitution of the obligation that effectively extinguishes the original guaranty.
  4. Prescription or Expiry: When the period to enforce the guaranty lapses.

VII. LEGAL EFFECTS AND APPLICATIONS

In Case of Fraud, Duress, or Misrepresentation:

  • If the creditor induces the guarantor through fraud, the guaranty contract is voidable.

Jurisprudential Doctrines:

  1. Rule of Strictissimi Juris: The guaranty is strictly interpreted and cannot be extended beyond its terms.
  2. Benefit of Excussion: Applies unless waived; the creditor must exhaust the debtor’s properties before going after the guarantor.

VIII. JURISPRUDENCE

Significant Supreme Court decisions clarify nuances:

  1. PNB v. CA (1996): Solidary surety is directly liable with the principal debtor and waives the benefit of excussion.
  2. Trade & Investment Dev. Corp. v. Roblett (2002): A continuing guaranty remains valid even for obligations unknown at the time of its execution, provided they fall within the agreed terms.
  3. Dizon v. Philippine National Bank (2008): The creditor must demand payment from the guarantor within a reasonable time after the debtor defaults.

IX. PRACTICAL APPLICATIONS

  • For Banks and Financial Institutions: Suretyship is often used to secure loans.
  • Corporate Setting: Corporate officers may act as sureties for corporate obligations.
  • Judicial Bonding: Courts often require guaranties or sureties for the issuance of injunctions or attachments.

This comprehensive outline provides a detailed understanding of guaranty and suretyship under Philippine law. Legal practitioners must always review relevant statutory provisions, contractual terms, and case law to provide accurate advice tailored to specific situations.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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