CASE DIGEST

Topic
II. CONSTRUCTION AND INTERPRETATION
F. Power to construe
1. When is it proper to apply rules of statutory construction?

Case Tile / Year of Decision

Banawa vs. Mirano, 97 SCRA 517

Facts

Spouses Doroteo Banawa and Juliana Mendoza are childless couple. They took Mirano
to their house and reared her like their own child. Maria, in return, helped the spouses do the
household chores.

In 1921 Doroteo Banawa acquired a parcel of land, the IBA property and paid it in the
name of Maria Mirano because they wanted to leave something to Maria when they are gone.
They told Maria that although they placed the property in her name, she would only become the
real owner when the spouses die. In 1935, another parcel of land was acquired by the spouses
and named it after Maria. In the trial the Banawa’s claimed that the property was named in their
favor. In 1949, Maria Mirano died while the Banawas are still alive.

Issue

Is the Executive Construction valid

Held

No. Banawas cannot reclaim ownership of the IBA property because the rule on reversion
adoptiva can only be involved if there is judicial adoption and not an extra-judicial adoption. In
Maria Mirano’s case she was not legally adopted by the Banawa’s.