Daoang vs. Municipal Judge of San Nicolas, Ilocos Norte, 159 SCRA 369, March 28, 1988
Doctrine :
Statutory Construction; Rule that a statute clear and unambiguous on its face need not be interpreted.— Well known is the rule of statutory construction to the effect that a statute clear and unambiguous on its face need not be interpreted; stated otherwise, the rule is that only statutes with an ambiguous or doubtful meaning may be the subject of statutory construction.
Facts:
Roderick Daong and Rommel Daoang filed a petition with the Municipal Court of San Nicolas, Ilocos Norte, seeking the adoption of the minors Quirino Bonilla and Wilson Marcos. On April 22, 1971, the petitioners filed an opposition regarding the said adoption for he claimed that Antero and Amanda Agonoy had a legitimate daughter named Estrella Agonoy, oppositors’ mother, who died on 1 March 1971, and therefore, said spouses were disqualified to adopt under Art. 335 of the Civil Code. Which states: “The following cannot adopt: (1) Those who have legitimate, legitimated, acknowledged natural children, or children by legal fiction.” This claim was supported with evidence that validates the claim.
Issue: Whether or not the respondent spouses Antero Agonoy and Amanda Ramos-Agonoy are disqualified to adopt under paragraph (1), Art 335 of the Civil Code.
Ruling: No. It is clear and unambiguous that there is not stated on the enumeration of person who cannot adopt in the Art. 335, paragraph (1) the adoption of grandchildren. Therefore, there is no violation of law against the adoption petitioned by Roderick Daong and Rommel Daoang.
Statutory Construction: “Adoption is now geared more towards the promotion of the welfare of the child and the enhancement of his opportunities for a useful and happy life.—Adoption used to be for the benefit of the adopter. It was intended to afford to persons who have no child of their own the consolation of having one, by creating through a legal fiction, the relation of paternity and filiation where none exists by blood relationship. The present tendency, however, is geared more towards the promotion of the welfare of the child and the enhancement of his opportunities for a useful and happy life, and every intendment is sustained to promote that objective. Under the law now in force, having legitimate, legitimated, acknowledged natural children or children by a legal fiction is no longer a ground for disqualification to adopt.” Daoang vs. Municipal Judge of San Nicolas, Ilocos Norte, 159 SCRA 369, No. L-34568 March 28, 1988
Read Full Text
G.R. No. L-34568 (lawphil.net)