Difference: guarantor v. surety
A guarantor promises to pay the debt if the debtor
cannot pay. A surety is a guarantor
that promises to pay when the debtor
does not pay.
A surety is an insurer of the debt, whereas a guarantor is an insurer of the
solvency of the debtor. A
suretyship is an undertaking that
the debt shall be paid; a
guaranty, an undertaking that the
debtor shall pay. Stated
differently, a surety promises to pay the principal's debt if the principal
will not pay, while a guarantor agrees that the creditor, after proceeding
against the principal, may proceed against the guarantor if the principal is
unable to pay. A surety binds himself to perform if the principal does not,
without regard to his ability to do so. A guarantor, on the other hand, does
not contract that the principal will pay, but simply that he is able to do so.
In other words, a surety undertakes directly for the payment and is so
responsible at once if the principal debtor makes default, while a guarantor
contracts to pay if, by the use of due diligence, the debt cannot be made out
of the principal debtor. (CCC Insurance v. Kawasaki, G.R. No. 156162, June 22,
2015)