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consideration, hence, every reasonable intendment should be sustained to
promote and fulfill these noble and compassionate objectives of the law.
Lastly, Art. 10 of the Ne w Civil Code provides that:
"In case of doubt in the interpretation or application of laws, it is presumed
that the lawmaking body intended right and justice to prevail."
This provision, according to the Code Commission, "is necessary so that it
may tip the scales in favor of right and justice when the law is doubtful or
obscure. It will strengthen the determination of the courts to avoid an
injustice which may apparently be authorized by some way of interpreting
the law." (Citations omitted)
Accordingly, We find that petitioners' Petition for Adoption was appropriately filed under
the Domestic Adoption Act of 1998 which the appropriate Family Court or RTC can
properly take cognizance of.
ACCORDINGLY, the instant Petition for Review on Certiorari is GRANTED. The
assailed Resolutions dated November 21, 2018 and June 19, 2019 rendered by the
Court of Appeals in CA-G.R. SP No. 157452 are hereby REVERSED and SET ASIDE.
The instant case is REMANDED to the Regional Trial Court of Makati City, Branch 136,
which is DIRECTED to continue with DISPATCH the adoption proceedings with change
of name involving the minor "Mayca Alegado" a.k.a. "Innah Alegado."
SO ORDERED.
Perlas-Bernabe, Reyes, Jr. A, Inting and Zalameda,* JJ., concur.
* Designated additional member per Special Order No. 2727 dated October 25, 2019.
[1] Rollo, pp. 3-22.
[2] Id. at 28-31; penned by
Associate Justice Geraldine C. Fiel-Macaraig and
concurred in by Associate Justices Ramon R. Garcia and Eduardo B. Peralta, Jr.
[3] Id. at 32-33.
[4] Id. at 5.
[5] Id. at 6.
[6] Id. at 5.
[7] Id.
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