Atty., ano ang ibig sabihin kapag naging guarantor ako sa utang?
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories.
Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories.
Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
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FunTranscript
00:00 We will give legal and legal questions to the law.
00:04 Let's find out from your legal partner,
00:06 Attorney Gabby Concepcion.
00:07 Happy Friday, Attorney.
00:09 Take it away.
00:10 Hey, I have a loan.
00:19 Can you be my guarantor?
00:20 Come on.
00:21 This is just a requirement.
00:23 You just need to sign it.
00:24 It's easy.
00:25 Oh, you're just being shy.
00:27 That's not a hooray.
00:29 Has anyone ever told you that?
00:31 Before you sign,
00:33 do you know what it means to be a guarantor?
00:36 Well, here's all you need to know.
00:38 Ask Attorney Gabby.
00:40 #AskAttorney
00:55 Attorney,
00:56 what does it really mean when I become a guarantor of a loan?
01:00 Am I the one who will be chased if I don't pay the loan?
01:03 What if I don't have a payment?
01:05 This is what Attorney Gabby said.
01:08 Well, when you say you're a guarantor of a loan,
01:11 you're being taken as a security that you will be the one to pay
01:14 if you can't pay the loan.
01:16 And eventually,
01:17 you will be the one to chase
01:19 so that you can pay it when the loan defaults.
01:22 But you also need to make sure
01:24 what's really in the contract.
01:26 There's also what's called a surety.
01:28 It's also like that.
01:29 You will also be paid if you can't pay the loan default.
01:32 The difference is,
01:33 if you're a guarantor,
01:34 you won't be paid
01:35 unless you've already used up all the property of the debtor
01:40 and you've already done all the legal remedies against it.
01:43 And this is what's called an excursion.
01:46 You will use it up before you're chased.
01:48 But if you're a surety,
01:50 you can be chased right away
01:53 when you're not charged with the actual debt
01:56 and there's no benefit of excursion.
01:59 So actually, it's not important what title is given to you.
02:02 You need to look at what's your obligation
02:06 under the document.
02:07 Even if the guarantor calls you,
02:09 but if you see the words
02:11 "Joint and Solidary"
02:13 or it's written that you're waiving the benefit of excursion,
02:16 you will be chased right away
02:18 if you haven't paid the loan.
02:20 That's a trap, right?
02:22 You haven't enjoyed the money that others have lent you
02:25 but you're still going to pay it?
02:27 That's painful.
02:28 So be careful.
02:29 #AskAttorney
02:32 "Attorney, I was surprised when someone called me
02:34 and I was shocked
02:36 because I was the guarantor of a loan to him.
02:40 I don't know anything about this.
02:41 What am I chasing here?"
02:43 Well, said Attorney Gabby,
02:45 "Of course, they shouldn't be chasing you
02:48 and you won't be charged.
02:50 As a general rule,
02:51 if you don't know anything
02:53 and you didn't give consent
02:55 or you didn't sign anything,
02:58 well, you don't have an obligation.
03:00 You can't be a guarantor if you don't know about this.
03:03 Of course, tell the lending company or the lender
03:07 that you don't know about the loan.
03:10 Second, ask them who is this person
03:13 who is saying that you are the guarantor.
03:16 You're probably not a true friend, right?
03:19 Of course, eventually, ask for a copy of the document
03:23 where you didn't sign and give consent as a guarantor.
03:27 Check the signature and see if it's obviously fake.
03:31 Or maybe you'll be asked to analyze it
03:34 to prove that your signature is fake."
03:38 Some people say that a person who owes money
03:41 should pay the debt of the loan.
03:45 But many are not like that, right?
03:47 In any case, we'll make it clear
03:50 when we talk about the law.
03:51 For the peace of mind,
03:54 don't think twice.
03:55 Ask Attorney Gaffney.
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