Case #1

G.R. No. L-18566 September 30, 1963

IN THE MATTER OF THE ADOPTION OF ELIZABETH MIRA, GILBERT R. BREHM
and ESTER MIRA BREHM,petitioners-appellees, vs. REPUBLIC OF THE
PHILIPPINES, oppositor-appellant.

FACTS:
On October 9, 1958, Petitioners Gilbert Brehm, an American citizen serving the U.S. Navy
and temporarily stationed at Subic Bay, married Ester Mira, a Filipino citizen who had a
daughter Elizabeth Mira whose father had left the country in 1952. Following the marriage,
the petitioners established residence in Intramuros in Manila.
On January 28, 1959, the petitioners filed a joint petition to the Juvenile Domestic
Relations Court to adopt Elizabeth Mira for the following reasons: (1) the spouses have
mutually consented to the adoption, (2) to promote the best interest and welfare of the
minor, and (3) to give her legitimate status. Furthermore, the petitioners hoped that the
proceedings would free Elizabeth of all obligations of obedience and maintenance to her
natural father.
However, the spouses petition was opposed, stating that Gilbert Brehm, in his testimony,
is merely a temporary resident of the Philippines, hence preventing him from adopting in
the Philippines, as stated in Article 355 of the Civil Code. Since Brehm was an alien, the
court had no jurisdiction over him.
Petitioners replied to the petition stating that Article 355 does not apply to the case since
the article only covers adoptions for the purpose of establishing paternity and filiation
where none existed. There is already a relation between the child and Brehm, therefore
Brehm falls under the authorization of Article 338 of the New civil code which allows for
the adoption of a child by a step-father. Furthermore, Brehm expressed that he intends
to reside in the Philippines permanently after his service.
The petitioners were then granted their original petition to adopt.
However, the Solicitor General objected to this judgement rendered, stating that the court
erred in allowing the petitioners to adopt since Brehm is an alien, notwithstanding his
reasoning.
ISSUE:
Whether or not the petitioners be allowed to adopt despite the provision preventing them
to do so.
RULING:
No. The petitioners were denied their joint petition to adopt Elizabeth Mira on the grounds
that the adoptive father-to be is still classified as an alien and, therefore, is prohibited from
adopting in the Philippines.
ANALYSIS/APPLICABILITY:
Despite the presence of Article 338 stating in provision 3 that a step child may be adopted
by a stepfather, Article 335 would still negate this article. This is, of course, on the grounds
that article 335 is mandatory in that it is an active prohibition for aliens to adopt with the
article’s use of the word “Cannot”. Whereas article 338 is merely directory with the article’s
use of the word “may”. Therefore, the court rendered that article 335 be given jurisdiction
over the case.
CONCLUSION:
The petitioners Gilbert R. Brehm and Ester Mira Brehm have been denied their petition
to adopt minor Elizabeth Mira on the grounds that the potential stepfather Brehm is an
alien and, therefore, cannot adopt in the Philippines as stipulated in Article 335 of the Civil
Code of the Philippines prohibiting adoption done by: (1) Those who have legitimate,
legitimated, acknowledged natural children, or natural children by legal fiction; (2) The
guardian, with respect to the ward, before the final approval of his accounts; (3) A married
person, without the consent of the other spouse; (4) Non-resident aliens; (5) Resident
aliens with whose government the Republic of the Philippines has broken diplomatic
relations; and (6) Any person who has been convicted of a crime involving moral turpitude,
when the penalty imposed was six months' imprisonment or more. This article is given
priority over the jurisdiction that of Article 338 in the essence that Article 335 is a
mandatory law whereas Article 338 is merely directory.
LAWS/PROVISIONS:
Republic Act No. 386 or The Civil Code of the Philippines
Article 355 - The following cannot adopt: (1) Those who have legitimate, legitimated,
acknowledged natural children, or natural children by legal fiction; (2) The guardian, with
respect to the ward, before the final approval of his accounts; (3) A married person,
without the consent of the other spouse; (4) Non-resident aliens; (5) Resident aliens with
whose government the Republic of the Philippines has broken diplomatic relations; (6)
Any person who has been convicted of a crime involving moral turpitude, when the penalty
imposed was six months' imprisonment or more.
Article 338 - The following may be adopted: (1) The natural child, by the natural father or
mother; (2) Other illegitimate children, by the father or mother; (3) A step-child, by the
step-father or step-mother.