RODERICK DAOANG, and ROMMEL DAOANG, assisted by their father, ROMEO DAOANG, petitioners, vs. THE MUNICIPAL JUDGE, SAN NICOLAS, ILOCOS NORTE, ANTERO AGONOY and AMANDA RAMOS-AGONOY, respondents.

TOPIC: When is STATCON necessary.

G.R. No. L-34568 March 28, 1988

RODERICK DAOANG, and ROMMEL DAOANG, assisted by their father, ROMEO DAOANG, petitioners,

vs.

THE MUNICIPAL JUDGE, SAN NICOLAS, ILOCOS NORTE, ANTERO AGONOY and AMANDA RAMOS-AGONOY, respondents.

PADILLA, J.:

FACTS:

1. On 23 March 1971, the respondent spouses Antero and Manda Agonoy filed a petition to adopt minors Quirino Bonila and Willson Marcos with the Municipal Court of San Nicolas, Ilocos Norte. It was set for hearing on 24 April 1971 and notices were served and published in the Ilocos times.

2. After the publication, evidence was presented and the petition for adoption was granted.

3. 22 April 1971 the minors Roderick and Rommel Daoang, assisted by their father and guardian ad litem, the petitioners herein, filed an opposition to the aforementioned petition for adoption, claiming that the spouses 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. 

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. Respondent spouses Agonoy are not disqualified to adopt under paragraph (1), Art. 335 of the Civil Code. According to Art. 335 (1) those who have legitimate, legitimated, acknowledged natural children or children by legal fiction are the only ones disqualified to adopt. The law was very clear, no grandchildren was included in the said provision. To add grandchildren would violate the legal maxim that what is expressly included would naturally exclude what is not included. The words used in Paragraph (1), Art. 335 were clear and unambiguous.  It was clear that the children mentioned in the provision don't include grandchildren. It also appears that Civil Code legislators apparently intended that only those who have certain classes of children are disqualified to adopt. If we are still covered the old Civil Code, Art 174 would disqualify the spouses since they have legitimate or legitimated descendants. But since the word "descendants" was changed to "children", the petitioners are not disqualified under the present Civil Code. Thus, petition is denied.

RATIONALE:

1. When the law is clear, it need not be interpreted.

2. What is expressly included would naturally exclude what is not included.