A Personal Guarantee Letter is commonly used in the Philippines when additional security is required for business or personal obligations. This document is particularly crucial in lending arrangements, lease agreements, and business contracts where the primary obligor's creditworthiness needs to be supplemented. The letter, governed by Philippine law, specifically Articles 2047-2084 of the Civil Code, must clearly identify the guarantor, the primary obligation being guaranteed, and the extent of the guarantee. It serves as a risk mitigation tool for creditors while facilitating access to credit or business opportunities for the primary obligor. The document's format and content must comply with Philippine legal requirements, including proper identification of parties, clear statement of obligations, and appropriate execution formalities.
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1. Date and Place: The date and location where the guarantee letter is executed
2. Addressee Details: Full name and address of the creditor/beneficiary of the guarantee
3. Guarantor Details: Full name and address of the person providing the guarantee
4. Reference to Primary Obligation: Clear identification of the main debt or obligation being guaranteed, including the debtor's details
5. Guarantee Statement: Express declaration of the guarantee, including the scope and amount being guaranteed
6. Terms of Guarantee: Specific conditions of the guarantee, including when and how it can be called upon
7. Duration: The period for which the guarantee remains valid
8. Governing Law Statement: Explicit statement that the guarantee is governed by Philippine law
9. Signature Block: Space for guarantor's signature, with name and date
1. Joint and Several Liability Clause: Required when there are multiple guarantors who will be jointly and severally liable
2. Specific Conditions: Include when the guarantee is subject to specific conditions or limitations
3. Waiver of Rights: Optional clause where guarantor waives certain rights such as the right of excussion
4. Renewal Terms: Include when the guarantee may be subject to renewal or extension
5. Notice Requirements: Details of how and where notices should be served if needed for specific arrangements
6. Acknowledgment Before Notary: Required if the guarantee needs to be notarized for additional legal protection
1. Copy of Primary Agreement: Attach copy of the main agreement or obligation being guaranteed
2. Guarantor's ID: Copy of government-issued ID of the guarantor
3. Proof of Authority: If guarantor is signing in representative capacity, documentation proving authority to sign
4. Statement of Assets: Optional attachment showing guarantor's financial capacity to honor the guarantee
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