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Deo borrowed P50,000.00 from Colleen with Gualbert as guarantor. However, Colleen is also indebted to Deo in the amount of P30,000.00. Both debts have become
Deo borrowed P50,000.00 from Colleen with Gualbert as guarantor. However, Colleen is also indebted to Deo in the amount of P30,000.00. Both debts have become due. Colleen demanded payment from Deo but Deo has become insolvent with assets of only P15,000.00 which he used in partial payment of his debt to Colleen. In this case, can Colleen hold Gualbert to pay if the guaranty agreement expressly provides that the guarantor's liability arises after exhaustion of the principal debtor's assets? How much can Colleen collect from Gualbert? Is a contract of surety the same with contract of guaranty? Distinguish the said two contracts if they do not refer to one and the same contract
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