Daoang v.

Municipal Judge
G.R. No. L-34568, March 28, 1988
DIGEST BY: Tin Peñalosa
Submitted: (Aug.18, 2016 at 11:44pm)

FACTS OF THE CASE

Spouses Antero and Amanda Agonoy filed a petition with the Municipal Court of San Nicolas in Ilocos
Norte, seeking the adoption of Quirino Bonilla and Wilson Marcos. The said petition was opposed by
Roderick and Rommel Daoang (both minors), who were assisted by their father. Daoang claimed that
Antero and Amanda were disqualified to adopt because they had a legitimate daughter – her name was
Estrella Agonoy (oppositors’ mother) – who died on March 1, 1971. Daoang argued that under Article
335 (1) of the Civil Code, those who have “legitimate, legitimated, acknowledged natural children or
children by legal fiction” cannot adopt.

ISSUE
W/N the respondent spouses Antero and Amanda Agonoy are disqualified to adopt under paragraph (1),
Article 335 of the Civil Code.

HELD
The Supreme Court DENIED Daoang’s petition and upheld the judgment of the Municipal Court of San
Nicolas that the spouses can adopt the children.

The Court says that when the law is clear and unambiguous, it need not interpret the meaning of such law.
Only statutes with ambiguous meaning may be the subject of statutory construction. In this case, Article
335 (1) gives a clear outline of those who cannot adopt a child. Hence, Roderick and Rommel Daoang
cannot stop the spouses from adopting Quirino Bonilla and Wilson Marcos because they are just the
grandchildren and not the “legitimate, legitimated, acknowledged natural children or children by legal
fiction” of the Agonoys.

IMPORTANT LAWS/STATUTES/PROVISIONS/SECTIONS

Article 335 (1) The following cannot adopt:

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

Note: Before, the term used in this provision was “descendant” and not “children.” If under the
old provision (with the term “descendant”), the Agonoys could have been disqualified because
they have grandchildren.