Case Digest: Daoang v Municipal Judge

Daoang v Municipal Judge

G.R. No. L-34568

28 March 1988

Facts: 

     Petitioners are grandchildren of private respondents Agonoy. Private respondents filed a petition before the MTC of San Nicolas seeking adoption of two minors. Petitioners filed an opposition to the adoption invoking the provisions of the Civil Code. That the respondents have a legitimate child, the mother of the petitioners, now deceased, as such they are not qualified to adopt as per Article 335 of the aforesaid Code. The petition for adoption was granted. Hence, this petition.

Issue: 

     Whether or not private respondents are disqualified to adopt under paragraph 1 of Art. 335.

Held: 

         No. The provision invoked by the petitioners is clear and unambiguous. Therefore, no construction or interpretation should be made. To add “grandchildren” in this article where no such word is included would be in violation to the legal maxim that what is expressly included would naturally exclude what is not included.