Astro Electronics v Philippine Export

Facts:
Astro was granted a loan by Philtrust in the amount of P3.0 million. Roxas signed the contract twice,
once in his capacity as president of Astro and once in his own personal capacity. He also signed a
Continuing Suretyship Agreement. Philguarantee guaranteed 70% of the loan on condition that on such
payment it is subrogated to such rights of Philtrust. When Astro failed to pay, Philguarantee paid the
70%. Thus, Philguarantee filed a collection suit against Astro and Roxas. The RTC ruled in favor of
Philguarantee and was affirmed by the CA. Is Roxas
solidarily liable with Astro?


Held:
Yes. The 3 PNs covering the loan were all signed by Roxas twice, not just as president but also in his
personal capacity. Persons who write their names on the face of the note are makers thereof, promising
to pay the payee or any holder according to the tenor of the note. Even without the phrase in his
personal capacity, Roxas is still primarily liable as a solidary debtor, considering his intention is
manifested by his signature, appearing twice. An instrument which begins with I/We/Either of Us
promise to pay, when signed by 2/more persons, makes them solidarily liable. Roxas does not deny
signing: assumed the solidary liability of debtor and Philtrust Bank may choose to enfpce the notes
against him alone or with Astro. Philguarantee was subrogated to the right of Philtrust.