Guarantor to sue

Hi! i just want to know if i can sue or what case can i file to a person i guarantee from a finance loan company. I'm working in kuwait and the loan was made here (kuwait) the person i guarantee left and went back to philippines w/out paying her loan. the finance company is after me and right now im paying the monthly dues. Im going for my vacation in philippines. please advice me what case can i file againts her in philippines. and is it possible to get a hold departure order to her? because somebody told me that she will leave the country(philippines). to work in a another country.

Hold Departure Order is issued by the Regional Trial Court in a criminal case upon application by the prosecutor. Since there is no criminal case pending in court against your debtor, you cannot secure a HDO against her.

It is my view that you cannot file a criminal case against your debtor here in the Philippines. Even if we assume that she committed a criminal act (let's say for estafa), still, the criminal act was committed outside the Philippines. If the crime is committed outside Philippine jurisdiction, the offender cannot be prosecuted here in the Philippines. This, in essence, is the territoriality principle in criminal law that we follow.

I suggest that you send her a demand letter. If she fails to pay, you can file a civil case against her.