Case Digest (G.R. No. L-34568)
Case Digest (G.R. No. L-34568)
Facts:
Roderick Daoang, and Rommel Daoang, assisted by their father, Romeo Daoang, petitioners v. The Municipal Judge, San Nicolas, Ilocos Norte, Antero Agonoy and Amanda Ramos-Agonoy, respondents, G.R. No. L-34568. March 28, 1988. Supreme Court Second Division. Padilla, J., writing for the Court.
On March 23, 1971, spouses Antero Agonoy and Amanda Ramos-Agonoy filed a joint petition for the adoption of the minors Quirino Bonilla and Wilson Marcos in the Municipal Court of San Nicolas, Ilocos Norte (docketed as Special Procedure No. 37). The petition was set for hearing on April 24, 1971; notice was served on the Office of the Solicitor General and published in the ILOCOS TIMES. After publication and hearing, evidence was presented.
On April 22, 1971, the minors Roderick and Romel Daoang, represented by their father and guardian ad litem Romeo Daoang, filed an opposition to the adoption petition in the Municipal Court. The oppositors alleged that the Agonoys had a legitimate daughter, Estrella Agonoy (the oppositors’ mother), who had died on March 1, 1971, and therefore argued that the spouses were disqualified to adopt under paragraph (1), Article 335 of the Civil Code — which bars from adoption “those who have legitimate, legitimated, acknowledged natural children, or children by legal fiction.”
The Municipal Court (Judge Pascual C. Barba) overruled the opposition and granted the adoption petition on June 30, 1971, declaring Quirino and Wilson to be the adopted children of the Agonoys and ordering registration of the judgment in the local civil registry. The oppositors sought relief in this Court via a petition for review on certiorari of the Municipal Court’s decision. The dispositive lower-court judgment and the sole legal question (the applicability of Art. 335(1)) were the matters before the Supreme Court.
Issues:
- Are spouses Antero Agonoy and Amanda Ramos-Agonoy disqualified to adopt under paragraph (1), Article 335 of the Civil Code?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)