BANAWA VS. MIRANO

FACTS
Maria Mirano, niece of Julia Mendoza, was taken in by spouses, Doroteo Banawa and Juliana Mendoza, treated and reared her up like their own child.  A few years later, the spouses opened up a store from which they derived considerable income and which enabled them to acquire several parcels of land that were bought in the name of Maria Mirano. After a lingering illness, Maria Mirano died and left as her only nearest relatives the herein respondents who are claiming ownership over the lands in question by virtue of Section 5, Rule 100 of the Old Rules of Court.

ISSUE
Whether or not the construction of Section5, Rule 100 of the Old Rules of Court can be applied to the present case.


HELD
No. Section 5, Rule 100 of the Old Rules of Court specifically provides for the case of a judicially adopted child. It is not applicable to Mario Mirano, an extrajudicial adoption. It is an elementary rule of construction that when the language of the law is clear and unequivocal, the law must be taken to mean exactly what it says.

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