Title
Daoang vs. Municipal Judge, San Nicolas, Ilocos Norte
Case
G.R. No. L-34568
Decision Date
Mar 28, 1988
Respondents, with a legitimate grandchild, sought to adopt minors. Petitioners opposed, citing Article 335 disqualifying adopters with legitimate children. Supreme Court ruled respondents not disqualified, affirming adoption as Article 335 excludes grandchildren.

Case Digest (G.R. No. L-34568)
Expanded Legal Reasoning Model

Facts:

  • Filing of petition and respondents
  • On 23 March 1971, Antero and Amanda Agonoy filed with the Municipal Court of San Nicolas, Ilocos Norte, Spec. Proc. No. 37, seeking the adoption of Quirino Bonilla and Wilson Marcos.
  • The petition sought to free the minors from parental obedience and change their surnames to “Agonoy.”
  • Notice and opposition
  • Notice of the 24 April 1971 hearing was served on the Solicitor General and published in the Ilocos Times.
  • On 22 April 1971, Roderick and Rommel Daoang, through their father Romeo Daoang as guardian ad litem, filed an opposition arguing that the Agonoys were disqualified under Art. 335(1) of the Civil Code because they had a legitimate daughter, Estrella Agonoy (deceased 1 March 1971).
  • Trial court proceedings and decision
  • After publication and presentation of evidence, the Municipal Court rendered decision on 30 June 1971, granting the adoption petition.
  • The decision declared the minors adopted by the Agonoys, freed them from obligations to their former parents, ordered their surnames changed to “Agonoy,” and directed entry of the decision in the local civil registry.
  • Petition for review
  • The oppositors filed a petition for certiorari before the Supreme Court, contesting the adoption based on alleged statutory disqualification.
  • The sole issue presented was whether respondents were disqualified to adopt under paragraph (1) of Art. 335 of the Civil Code.

Issues:

  • Interpretation of adoption disqualification
  • Whether Art. 335(1) disqualifies persons with legitimate children or grandchildren from adopting.
  • Whether the term “children” in the statute includes grandchildren.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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