G.R. Nos.

168992-93               May 21, 2009

IN RE: PETITION FOR ADOPTION OF MICHELLE P. LIM,

MONINA P. LIM, Petitioner.

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IN RE: PETITION FOR ADOPTION OF MICHAEL JUDE P. LIM,

MONINA P. LIM, Petitioner.

Facts:

Petitioner, Monina P. Lim, after her remarriage has decided to file a petition for
adoption for Michelle Lim, and Michael Lim. Both children were entrusted to the petitioner
since they were little and was considered by the petitioner and her late husband like their
own. At the time of the filing of the petitions for adoption, Michelle was 25 years old and
already married, while Michael was 18 years and seven months old.

On 15 September 2004, the trial court rendered judgment dismissing the petitions.
The trial court ruled that since petitioner had remarried, petitioner should have filed the
petition jointly with her new husband. Hence, the petition.

Issue:
Whether or not the petitioner, who has remarried, can singly adopt
Held:
No. The Court held that Section 7, Article III 8552 is explicit in its provision, therefore
it must be upheld. It is a cardinal rule that adoption laws must be liberally construed for the
benefit of the children, but not when the law is clear. It is known that the Court cannot
engage in judicial legislation but rather to interpret the law, and since the law is
unambiguous therefore the Court must abide.