Republic - v - Toledano
Facts:
Issue: WON private respondents spouses
Alvin A. Clouse and Evelyn A. Clouse who are aliens has the right to adopt
under Philippine Law
1.
1990, a verified petition filed before the RTC
Iba, Zambales, spouses Clouse sought to adopt minor, Solomon Joseph Alcala, the
younger brother of Evelyn Clouse
2.
The principal evidence disclose that private
respondent Alvin A. Clouse is a natural born citizen of the USA. He married
Evelyn, a Filipino at Olongapo City. Evelyn became a naturalized citizen of the
United States of America in Guam.
3.
They are physically, mentally, morally, and
financially capable of adopting Solomon, 12 year old minor. He was and has been
under the care and custody of private respondents.
4.
Solomon gave his consent to the adoption. His
mother, Nery Alcala, a widow, likewise consented to the adoption due to poverty
and inability to support and educate her son. The social worker assigned to
conduct the Home and Child Study, favorably recommended the adoption.
5.
RTC granted the petition for adoption.
6.
Petitioner, through the OSG appealed to us for
relief, contending: "THE LOWER COURT ERRED IN GRANTING THE PETITION FOR
ADOPTION OF ALVIN AND EVELYN CLOUSE, BECAUSE THEY ARE NOT QUALIFIED TO ADOPT
UNDER PHILIPPINE LAW."
Held/Ratio: GRANTED. RTC decision
REVERSED.
Under
Articles 184 and 185 of the Family Code, private respondents spouses Clouse are
clearly barred from adopting Solomon Joseph Alcala. Article 184, enumerates the
persons who are not qualified to adopt, viz: An alien, except: (a) A former
Filipino citizen who seeks to adopt a relative by consanguinity; (b) One who
seeks to adopt the legitimate child of his or her Filipino spouse; or (c ) One
who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.
Alvin
A. Clouse is not qualified to adopt Solomon Joseph Alcala. 1) he is not a
former Filipino citizen 2) Solomon Joseph Alcala is neither his relative by
consanguinity nor the legitimate child of his spouse 3) Evelyn A. Clouse was no
longer a Filipino citizen.
Evelyn
A. Clouse may appear to qualify pursuant to paragraph 3(a) unfortunately, the
petition for adoption cannot be granted in her favor. Article 185 requires a
joint adoption by the husband and wife, a condition that must be read along
together with Article 184.
Note: I made this case digest when I was still a law student. The ones posted on my blog were not due for submission as part of any academic requirement. I want to remind you that there is no substitute to reading the full text of the case! Use at your own risk.
Note: I made this case digest when I was still a law student. The ones posted on my blog were not due for submission as part of any academic requirement. I want to remind you that there is no substitute to reading the full text of the case! Use at your own risk.