Daoang vs Mun.

Judge of San Nicolas

Facts:

On March 1971, the respondent spouses filed a petition with the Municipal Court of San
Nicolas, Ilocos Norte, seeking for adoption of Quirino Bonilla and Wilson Marcos. On April 22,
1971, the minors Roderick and Rommel Daoang, assisted by their father, Romeo, filed an
opposition to the aforementioned petition for adoption, claiming that the spouses Agonoy had
a legitimate daughter, Estrella Agonoy, oppositors’ mother, who died on March 1, 1971.
Petitioner contends that respondents were disqualified to adopt as a violation to Art. 335 of
Civil Code.

Issue:

Whether or not the respondent spouses are disqualified to adopt under Art. 335 of the Civil
Code.

Held:

The Court denied the petition and affirmed the Mun. Court’s decision on the grounds that the
words used in Art. 335 of the Civil Code, in enumerating the persons who cannot adopt, were
clear and unambiguous.

Art 335 of the Civil Code states that:

(1) Those who have legitimate, legitimated, acknowledged natural children, or children by
legal fiction
…

The children mentioned therein have a clearly defined meaning in law and, as pointed out by
respondent judge, do not include grandchildren.