PRIL - #68Case (Republic vs Toledano)

Doctrine: Law on Adoption is crafted to protect Filipino children. This is in consonance with the concept of joint parental authority over the child which is the ideal situation.

Facts:- Spouses Evelyn and Alvin Clouse sought to adopt the minor, Solomon Joseph Alcala, the younger brother

of Evelyn Clouse- Evidence disclose that Alvin Clouse is a natural born citizen of US. He married Evelyn who thereafter

became a naturalized citizen of the US. They are physically, mentally, morally, and financially capable of adopting Solomon, a 12 old minor

- Since 1981-1984, then from 1989 up to the present, Solomon was and has been under the custody of the couple. Solomon gave his consent to the adoption and his biological mother, 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 granting of the petition

- RTC: granted the petition for adoption

Issues:- WON the petition for adoption should be granted

Held/Ratio:- No- Art. 184 of EO 209 (“The Family Code of the Philippines”) enumerates the persons who are not qualified

to adopt: An Alien except 1) A former Filipino citizen who seeks to adopt a relative by consanguinity; 2) One who seeks to adopt the legitimate child of his or her Filipino spouse; or 3) 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 Clouse is not qualified to adopt Solomon under any of the exceptional cases: 1) He is not a former Filipino citizen; 2) Solomon is neither his relative by consanguinity not the legitimate child of his spouse; and 3) When they filed the petition, Evelyn was no longer a Filipino citizen

- Though Evelyn appears to qualify, the petition can’t still be granted without violating Art. 185 mandating a joint adoption by husband and wife

Digested by: Sabrina Louise M. De Guzman