Art.

2079 Extension granted to debtor by the creditor without the consent of the
guarantor extinguishes the guaranty. Mere failure on part of the creditor to demand
payment after the debt has become due does not itself constitute any extension of
time referred to herein.
Radio Corp. v. Roa
CFI Manila ruled in favor of Radio Corp. against defendants Jesus Roa, Ramon
Chavez, Andres Roa and Manuel Roa.
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Jesus Roa 22,935

Upon failure chattel mortgage to be sold at a public auction
Jesus Roa, Ramon Chavez, Andres Roa and Manuel Roa to pay solidarily
22,935

Facts:
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Jesus Roa became indebted to Philippine Theater Enterprises 28,400 payable

in 71 monthly installment at P400/month.
PET assigned its rights to Radio Corp.
There was an accelerating clause:
In case Roa fails to pay, the whole amount shall immediately become due and
demandable and the mortgage and the Luzon Surety bond may be foreclosed
by the vendor/mortgagee
Radio Corp, through its attorney in fact Erlanger and Galinger, Inc. wrote a
letter to Jesus saying that it has no objection to the extension requested by
Roa to pay the Feb installment on April.

Issue:
W/N the extension granted, without the consent of the guarantors, extinguishes the
liability not only to the installments due at that time but also to the whole amount of
their obligation?
Held:
Whole amount.
Ratio:
In the stipulation between Roa and PET, the creditor is given the right to treat and
declare all said installments as immediately due when there is nonpayment.
Under the express provision of the contract, the whole unpaid balance becomes due
and payable upon to failure to pay one installment. The act of Radio Corp extending
payment, without the consent of the guarantors, constituted in fact an extension of
the payment of the whole amount of indebtedness.

Villa v. Garcia Bosque

Facts:

Action filed by Rosa Villa, widow of Bota for the purpose of recovering from Garcia
Bosque and Ruiz as principals and France and Goulette as solidary sureties 20,
509.71
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Unpaid balance of purchase price of a printing establishment in Escolta sold

by Villa to Garcia Bosque. (La Flor de Cataluna)