2017 (Civil Law) Bar Exam Questions: Question 15

[Answer/discuss the question below, or see 2017 bar exam Civil Law Instructions; 2017 Labor Law Questions: 1234567891011121314, and 16; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]


Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin requested his girlfriend Rosella to execute a document entitled “Continuing Guaranty Agreement” whereby she expressly agreed to be solidarily liable for the obligation of Kevin.

Can ABC Bank proceed directly against Rosella upon Kevin’s default even without proceeding against Kevin first? Explain your answer. (3%)

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