FIRST DIVISION
[G.R. No. 240606. June 3, 2019.]
REPUBLIC OF THE PHILIPPINES, petitioner, vs.AILEEN PULIDO SARANG, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 3, 2019which reads as follows:
"G.R. No. 240606 (Republic of the Philippines v. Aileen Pulido Sarang). — After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision which dismissed the petition for certiorari under Rule 65 as filed by petitioner.
As correctly argued by the respondent, the prohibitive rule under Article 375 1 of the Civil Code does not apply in the present case because said restriction contemplates two conditions which must both be obtained: (1) there must be an identity of names and surnames; and (2) that the identical names must be between an ascendant and a descendant. In the case at bar, the father's name, Mansueto, is not identical to the daughter's name, Mansueta, and, therefore, the first condition outlined by Article 375 is not present. HTcADC
This is consistent with the statutory construction rule expressio unius est exclusio alterius, which provides that, where the law enumerates the subject or condition upon which it applies, it is to be construed as excluding from its effects all those not expressly mentioned; 2 conditions which have not been included in the enumeration are considered excluded therefrom. 3 This further proceeds from the restrictive presumption that the legislature would not have made specific enumerations in a statute if it had the intention not to restrict its meaning and confine its terms to those expressly mentioned. 4
WHEREFORE, premises considered, the petition is DENIED. The assailed Decision dated February 8, 2018 and Resolution dated June 22, 2018 of the Court of Appeals in CA-G.R. SP No. 07941-MIN are hereby AFFIRMED.
The respondent's comment on the petition for review on certiorari is NOTED. CAIHTE
SO ORDERED."Carandang, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Art. 375. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either: (1) add a middle name or the mother's surname, or (2) add the Roman numerals II, III, and so on.
2.San Pablo Manufacturing Corp. v. Commissioner of Internal Revenue, G.R. No. 147749, June 22, 2006, 492 SCRA 192, 200.
3.Singapore Airlines Local Employees Association v. National Labor Relations Commission, G.R. No. L-65786, July 16, 1984, 130 SCRA 472, 479-480.
4.Canet v. Decena, G.R. No. 155344, January 20, 2004, 420 SCRA 388, 389.