Persons

C I V R E V.
P E R S O N S
IN RE: ADOPTION OF RESABA While the adoption agreement was executed at the time when the law
applicable to adoption is Rule 100 of the Rules of Court and that rule does
A petition was filed in the CFI Zamboanga by Luis Santos-Yñigo and his not prohibit persons who have legitimate children from adopting, we
wife for the adoption of a minor named Marcial Eleuterio Resaba. It is cannot agree to the proposition that such agreement has the effect of
alleged that the legitimate parents of said minor have given their consent establishing the relation of paternity and filiation by fiction of law without
to the adoption in a document which was duly signed by them and that the sanction of court.
since then petitioners had cared for the minor as if he were their own. It is
likewise alleged that petitioners are financially and morally able to bring up Rule 100 has taken the place of Chapter XLI of the Code of Civil Procedure,
and educate the minor. which in turn replaced the provisions of the Spanish Civil Code on
adoption. As was stated in one case, said chapter of the Code of Civil
Copy of the petition was served on the Solicitor General who, filed a Procedure "appears to be a complete enactment on the subject of
written opposition on the ground that petitioners have two legitimate adoption, and may thus be regarded as the expression of the whole law
children, a boy and a girl, who are still minors, and as such they are thereof. So viewed, that chapter must be deemed to have repealed the
disqualified to adopt under the provisions of the new Civil Code. provisions of the Civil Code on the matter." (In re adoption of Emiliano
Guzman, 73 Phil., 51.)
Court - granted the petition, while petitioners have two legitimate children
of their own, yet said children were born after the agreement for adoption Now, said rule expressly provides that a person desiring to adopt a
was executed by petitioners and the parents of the minor. minor shall present a petition to the court of first instance of the province
where he resides (section 1). This means that the only valid adoption in
this jurisdiction is that one made through court, or in pursuance of the
- said agreement was executed before the NCC went into effect
procedure laid down by the rule, which shows that the agreement under
and while the petition may not be granted under this new Code, it may be
consideration can not have the effect of adoption as now pretended by
sanctioned under the old because it contains no provision which prohibits
petitioners.
adoption in the form and manner agreed upon by the parties. From this
decision, the Solicitor General took the present appeal.
We are sympathetic to the plea of equity of counsel considering the fact
that petitioners had taken custody of the child and had reared and
ISSUE: WON petitioners are disqualified to adopt herein minor
educated him as their own much prior to the approval of the new Civil
Resaba. YES.
Code and that all this was done with the consent of the natural parents to
promote the welfare and happiness of the child, but the inexonerable
The petition should not be granted in view of the prohibition contained in mandate of the law forbids us from adopting a different course of action.
article 335, paragraph 1, of the NCC. This article provides that persons Our duty is to interpret and apply the law as we see it in accordance with
who have legitimate children cannot adopt, and there is no doubt about its sound rules of statutory construction.
application because the petition was filed on June 24, 1952 and at that
time petitioners had two legitimate children, one a boy born on November
12, 1950 and the other, a girl born on April 13, 1952.
This prohibition is founded on sound moral grounds. The purpose of

adoption is to afford to persons who have no child of their own the
consolation of having one by creating, through legal fiction, the relation of
paternity and filiation where none exists by blood relationship. This
purpose reject the idea of adoption by persons who have children of their
own, for, otherwise, conflicts, friction, and differences may arise resulting
from the infiltration of foreign element into a family which already counts
with children upon whom the parents can shower their paternal love and
affection.

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This prohibition is founded on sound moral grounds. The purpose of

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