Promissory Note With Personal Guarantee for Philippines

Promissory Note With Personal Guarantee Template for Philippines

This document is a legally binding financial instrument governed by Philippine law, specifically the Negotiable Instruments Law (Act No. 2031) and relevant provisions of the Civil Code of the Philippines. It combines a promissory note, wherein one party promises to pay a specific sum of money to another, with a personal guarantee provision where a third party guarantees the payment obligation. The document includes essential terms such as the principal amount, interest rate, payment terms, and default provisions, along with the guarantor's unconditional promise to pay upon the maker's default.

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What is a Promissory Note With Personal Guarantee?

The Promissory Note With Personal Guarantee is a crucial financial instrument used in the Philippines when a lender requires additional security beyond the primary debtor's promise to pay. This document type is particularly useful in situations where the creditor needs extra assurance of repayment, such as in business loans, personal lending, or installment purchases. The document combines two distinct legal concepts under Philippine law: a promissory note (governed by the Negotiable Instruments Law) and a personal guarantee (governed by the Civil Code's provisions on guaranty). It includes specific details about the debt obligation, including principal amount, interest rates, payment terms, and default provisions, while also incorporating guarantee provisions that make a third party liable for the debt if the primary debtor defaults. This document type is commonly used by banks, financial institutions, and private lenders in the Philippines, and must comply with local usury laws and banking regulations.

What sections should be included in a Promissory Note With Personal Guarantee?

1. Principal Obligation Details: Specifies the amount of the loan, the maker's promise to pay, and identifies the payee

2. Payment Terms: Details of when and how payments will be made, including maturity date and any installment provisions

3. Interest Rate: Clearly states the interest rate, how it's calculated, and when interest is payable

4. Default Provisions: Specifies what constitutes default and the consequences of default

5. Personal Guarantee: The guarantee statement, confirming the guarantor's unconditional promise to pay upon default of the maker

6. Execution Block: Signature blocks for the maker and guarantor, with appropriate witnessing provisions

What sections are optional to include in a Promissory Note With Personal Guarantee?

1. Prepayment Provisions: Include when early payment is to be allowed, specifying any penalties or conditions

2. Security Provisions: Include when the note is secured by specific assets or collateral

3. Attorney's Fees: Include when the parties agree that the maker/guarantor will pay legal fees in case of enforcement

4. Waiver of Presentment: Include when formal presentment requirements are to be waived

5. Multiple Guarantors Provisions: Include when there are multiple guarantors, specifying joint and several liability

What schedules should be included in a Promissory Note With Personal Guarantee?

1. Payment Schedule: If installment payments are involved, details the payment dates and amounts

2. Guarantor's Statement of Assets: Optional attachment showing the guarantor's financial capacity

3. Specimen Signatures: When required by the parties, contains verified signatures of all signatories

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Small and Medium Enterprises

Construction

Manufacturing

Retail

Agriculture

Professional Services

Education

Healthcare

Relevant Teams

Legal

Finance

Credit and Collections

Risk Management

Compliance

Treasury

Corporate Secretariat

Business Development

Loan Processing

Document Control

Relevant Roles

Credit Officer

Loan Officer

Financial Manager

Legal Counsel

Corporate Secretary

Risk Manager

Collections Manager

Finance Director

Compliance Officer

Business Development Manager

Account Manager

Chief Financial Officer

Treasury Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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