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A Guarantee Deed is a legal promise where one party commits to paying another party's debt or fulfilling their obligations if they fail to do so. In Philippine contract law, it creates a binding agreement between three parties: the creditor, the principal debtor, and the guarantor who backs up the commitment.

When signing a Guarantee Deed, the guarantor takes on serious financial responsibility. Unlike a surety bond, the guarantor's duty only kicks in after the principal debtor defaults. Filipino courts treat these deeds as powerful tools in securing business transactions, especially in commercial lending, property deals, and corporate partnerships where extra financial security is needed.

Use a Guarantee Deed when you need extra security for significant financial transactions in the Philippines. It's particularly valuable when lending money to businesses with limited credit history, or when entering major property development deals where you need additional financial backing beyond the primary borrower.

Banks and financial institutions often require Guarantee Deeds for commercial loans, especially when dealing with startup companies or high-value contracts. They're also common in family business arrangements, where family members guarantee business loans, and in construction projects where contractors need financial guarantees to secure large contracts. The deed protects creditors while helping borrowers access funding they might otherwise struggle to obtain.

• Absolute Guarantee: Offers complete coverage of the primary debt without requiring the creditor to first pursue the principal debtor
• Limited Guarantee: Caps the guarantor's liability to a specific amount or percentage of the total debt
• Continuing Guarantee: Covers multiple transactions over time, common in ongoing business relationships
• Specific Purpose Guarantee: Secures a single transaction or specific contract only
• Corporate Guarantee: Provided by a company rather than an individual, requiring board approval under Philippine corporate law

• Guarantors: Individuals or companies who promise to pay the debt if the primary debtor defaults, often business owners, parent companies, or wealthy family members
• Principal Debtors: The main borrowers who receive the loan or credit, typically businesses seeking financing or contractors needing performance guarantees
• Creditors: Banks, financial institutions, or businesses extending credit who require additional security through the Guarantee Deed
• Legal Counsel: Lawyers who draft and review the deed terms, ensuring compliance with Philippine contract law and protecting all parties' interests
• Corporate Officers: Directors and executives who must authorize corporate guarantees under Philippine corporation laws

• Party Details: Gather complete legal names, addresses, and registration numbers of the guarantor, principal debtor, and creditor
• Debt Specifics: Document the exact amount, terms, and conditions of the primary debt or obligation being guaranteed
• Guarantor Assessment: Verify the guarantor's financial capacity and authority to provide the guarantee under Philippine law
• Scope Definition: Clearly outline the extent and limitations of the guarantee, including duration and triggering events
• Documentation: Collect supporting documents like board resolutions, financial statements, and proof of authority to sign
• Signing Requirements: Arrange for proper notarization and witnessing as required by Philippine contract laws

• Identification Section: Full legal names, addresses, and roles of all parties involved - guarantor, principal debtor, and creditor
• Guarantee Terms: Clear statement of the guaranteed obligations, including specific amounts and conditions
• Enforcement Clause: Defines when and how the guarantee can be called upon, including notice requirements
• Duration Terms: Specifies the time period of the guarantee and any renewal conditions
• Rights and Obligations: Details the legal responsibilities of each party under Philippine contract law
• Execution Block: Proper signature spaces, witness requirements, and notarization provisions
• Governing Law: Explicit statement that Philippine law governs the agreement

A Guarantee Deed differs significantly from a Bank Guarantee in several key aspects, though both provide financial security. While a Guarantee Deed involves private parties making promises to back obligations, a Bank Guarantee is issued directly by a financial institution, offering stronger immediate security.

• Security Source: Guarantee Deeds rely on individual or corporate guarantors' assets, while Bank Guarantees are backed by the bank's financial strength
• Enforcement Process: Bank Guarantees typically offer faster, more straightforward collection upon default, compared to Guarantee Deeds which may require legal proceedings
• Cost Structure: Bank Guarantees involve upfront fees and regular charges from the issuing bank, while Guarantee Deeds generally only incur initial legal documentation costs
• Risk Assessment: Banks conduct thorough due diligence before issuing guarantees, whereas private Guarantee Deeds often rely on existing relationships and trust