Page 491 - Important Provisions of The New Civil Code

Article 2059. The excussion shall not take place:

(1) If the guarantor has expressly renounced

it;

(2) If he has bound himself solidarily with the

debtor;

(3) In case of insolvency of the debtor;

(4) When he has absconded, or cannot be

sued within the Philippines unless he has left

a manager or representative;

(5) If it may be presumed that an execution

on the property of the principal debtor

would not result in the satisfaction of the

obligation. (1831a)