BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
REPUBLIC OF THE PHILIPPINES, Petitioner,
vs.
HONORABLE RODOLFO TOLEDANO, in his capacity as Presiding Judge of the Regional Trial Court, Third Judicial Region, Branch 69, Iba, Zambales and SPOUSES ALVIN A. CLOUSE and EVELYN A. CLOUSE, Respondents.
G.R. No. 94147 June 8, 1994
PUNO, J.:
Facts:
On February 21, 1990 a petition to adopt Solomon Joseph Alcala Alvin Clouse by a natural born citizen of America Alvin A. Clouse and his wife Evelyn A. Clause, Filipino at birth who later became a natural citizen of the United States. On June 20, 1990 respondent decreed said Filipino minor be the spouses child by adoption.
RP appealed the decision contending that the spouse cannot legally adopt said minor for they are not Filipino citizens.
Issue:
Whether or not the petitioners contention is correct.
Held:
Yes. The spouse are disqualified to adopt the Filipino child Solomon. Article 184, Executive Order No. 209 expressly 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 the later.
Alvin Clause is not qualified being a natural born citizen of the United States of America. On the other hand Evelyn Clouse may seem to be qualified on Article 184, however adoption cannot be granted in her favor alone for the Family Code requires that the husband and wife must jointly adopt as stated on Article 185.