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Question V
V. Dorton Inc. (Dorton) sued Debra Commodities Inc. (Debra), Daniel, and Debbie in the RTC of Manila for recovery of sum of money. The complaint alleged that, on October 14, 2017, Debra obtained a loan from Dorton in the amount of PhP 10 million with interest of 9% per annum. The loan was evidenced by a promissory note (PN) payable on demand signed by Daniel and Debbie, the principal stockholders of Debra, who also executed a surety agreement binding themselves as sureties. Copies of both the PN and the surety agreement were attached to the complaint. Dorton further alleged that it made a final demand on March 1, 2018 for Debra and the sureties to pay, but the demand was not heeded.
Debra, Daniel, and Debbie filed their answer, and raised the affirmative defense that, while the PN and the surety agreement appeared to exist, Daniel and Debbie were uncertain whether the signatures on the documents were theirs. The PN and the surety agreement were pre-marked during pre-trial, identified but not authenticated during trial, and formally offered.
Can the RTC of Manila consider the PN and the surety agreement in rendering its decision? (5%)
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