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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