sic itur ad astra

1. In the case of Baylon v. CA, why was petitioner Baylon not held liable as a guarantor despite the default of the principal debtor Luanzon of her principal obligation? Under the circumstances availing in the present case, we hold that it is premature for this Court to even determine whether or not petitioner is liable as a guarantor and whether she is entitled to the concomitant rights as such, like the benefit of excussion, since the most basic prerequisite is wanting — that is, no judgment was first obtained against the principal debtor Rosita B. Luanzon.  It is useless to speak of a guarantor when no debtor has been held liable for the obligation which is allegedly secured by such guarantee.  Although the principal debtor Luanzon was impleaded as defendant, there is nothing in the records to show that summons was served upon her.  Thus, the trial court never even acquired jurisdiction over the principal debtor. We hold that private respondent must first obtain a judg...

Nature of International Law a. What is international law? It is a body of rules  and  principles of action which are binding upon civilized states  in their relations to one  another.  States are the sole actors in this definition. In the past: Public  international law dealt almost exclusively with: regulating the relations between  states in diplomatic matters and  in the conduct of war.  Today: Sovereign states  remain as the principal subjects of international law;  but they are now joined by: international organizations and  even by individuals. Thus, the Restatement (Third)  of Foreign Relations Law of the United States , which U.S. courts generally  consider as the most authoritative work on the subject, defines international law as: the law which deals with the conduct of states  and of international organizations  and with their relations inter se,  as well as with some of their relations ...