2.
Republic of the Philippines, the petitioner here,
appealed that the lower court erred in granting
the petition for adoption for the spouses are not
qualified to adopt under the Philippine Law.
Issue:
Whether or not the spouses Alvin and Evelyn Clouse
being an alien are disqualified to adopt under the
Philippine law.
Held: Yes, they are disqualified
Ruling:
Under Articles 184 and 185 of Executive Order (E.O.) No. 209, otherwise known
as "The Family Code of the Philippines", private respondents spouses Clouse are
clearly barred from adopting Solomon Joseph Alcala.
There can be no question that private respondent Alvin A. Clouse is not
qualified to adopt Solomon Joseph Alcala under any of the exceptional cases
a.
he is not a former Filipino citizen but a natural born citizen of the
United States of America
b.
Solomon Joseph Alcala is neither his relative by consanguinity nor the
legitimate child of his spouse.
c.
When private respondents spouses Clouse jointly filed the petition to
adopt Solomon Joseph Alcala on February 21, 1990, private respondent
Evelyn A. Clouse was no longer a Filipino citizen. She lost her Filipino
citizenship when she was naturalized as a citizen of the United States in
1988.
Private respondent Evelyn A. Clouse, on the other hand, may appear to qualify
pursuant
a.
She was a former Filipino citizen.
b.
She sought to adopt her younger brother.
c.
Unfortunately, the petition for adoption cannot be granted in her favor
alone without violating Article 185 which mandates a joint adoption by
the husband and wife.
Article 185 requires a joint adoption by the husband and wife, a condition that
must be read along together with Article 184.
=====================================================
Statutory Construction Concept
-
Presidential Decree 603 (The Child and Youth Welfare Code), provides that
husband and wife "
may
" jointly adopt.
STATCON CASE DIGEST AND DOCTRINES
–
ATTY. CRISTOBAL
87 |
P a g e
© Conejos
Haulo
Laylo
CASE
FACTS
RULING
-
Executive Order No. 91 issued on December 17, 1986 amended said
provision of P.D. 603. It demands that both husband and wife "
shall
" jointly
adopt if one of them is an alien.
-
It was so crafted to protect Filipino children who are put up for adoption.
The Family Code reiterated the rule by requiring that husband and wife
"must" jointly adopt, except in the cases mentioned before.
-
Under the said new law, joint adoption by husband and wife is
mandatory
.
This is in consonance with the concept of joint parental authority over the child,
which is the ideal situation. As the child to be adopted is elevated to the level of
a legitimate child, it is but natural to require the spouses to adopt jointly. The
rule also insures harmony between the spouses.
5.
Bunye v. Escareal
226 SCRA 332 (1993)
Laws:
1. RA 3019 Sec 13- Suspenssion and loss of benefits:
“Should he be convicted by final judgment, he shall
lose all retirement
benefits under law…”
Facts:
1. Petitioners are the municipal and vice mayor and
incumbent councilors of the Sangguniang Bayan of
Muntinlupa Metro Manila.
