PRIL - #68

Case (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 cant still be granted without violating
Art. 185 mandating a joint adoption by husband and wife
Digested by: Sabrina Louise M. De Guzman