Under the Negotiable Instruments Law, persons who write their names on the face of promissory

notes are makers,1 promising that they will pay to the order of the payee or any holder according
to its tenor. Thus, even without the phrase “personal capacity,” Roxas will still be primarily
liable as a joint and several debtor under the notes considering that his intention to be liable as
such is manifested by the fact that he affixed his signature on each of the promissory notes twice
which necessarily would imply that he is undertaking the obligation in two different capacities,
official and personal.

[G.R. No. 136729. September 23 ,2003]

ASTRO ELECTRONICS CORP. and PETER ROXAS, petitioner, vs. PHILIPPINE EXPORT
AND FOREIGN LOAN GUARANTEE CORPORATION,

citing : Negotiable Instrument Law (Act No. 2031), Section 184.

A co-maker is generally treated as a surety. In a contract of suretyship,

one lends his credit by joining in the principal debtor’s obligation, so as
to render himself directly and primarily responsible with the principal
debtor. A surety is bound equally and absolutely with the principal, and
is deemed an original promisor and debtor from the beginning. This is
because in suretyship there is but one contract, and the surety is bound
by the same agreement which binds the principal. Philippine e-Legal
Forum jlp-law.com; journal.lawcenter.ph

COMAKER