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REPUBLIC v. RODOLFO TOLEDANO

FACTS:

Private respondents, Alvin A. Clouse and Evelyn A. Clouse, filed a petition for adoption of the minor, Solomon Joseph Alcala, in the Regional Trial Court of Iba, Zambales. Solomon is the younger brother of Evelyn. The petitioners are both aliens, with Alvin being a natural-born citizen of the United States and Evelyn being a former Filipino citizen who became a naturalized citizen of the United States. Solomon has been under the care and custody of the petitioners since 1989 and has given his consent to the adoption. The social worker assigned to conduct the home and child study recommended in favor of granting the petition. The trial court found that the petitioners have the qualifications and none of the disqualifications provided by law and that the adoption is in the best interest and welfare of the minor. The trial court granted the petition for adoption and declared Solomon as the legitimate child of the petitioners. The Office of the Solicitor General appealed the decision, arguing that the petitioners are not qualified to adopt under Philippine law.

ISSUES:

  1. The sole issue for determination in this case is whether private respondents, who are aliens, are qualified to adopt under Philippine Law.

RULING:

  1. Private respondents, who are aliens, are not qualified to adopt under Philippine Law. Article 184, paragraph (3) of Executive Order No. 209 expressly states that aliens are not allowed to adopt, except in certain exceptional cases. None of the exceptional cases apply to private respondents. Although private respondent Evelyn, who is a former Filipino citizen, may qualify to adopt her younger brother, a joint adoption by the husband and wife is required under Article 185. Since private respondent Alvin is not qualified to adopt under any of the exceptions, the petition for adoption cannot be granted in favor of either private respondent.

PRINCIPLES:

  • Aliens are generally not qualified to adopt under Philippine Law, unless they fall under the exceptional cases specified in Article 184, paragraph (3) of Executive Order No. 209.

  • A joint adoption by the husband and wife is required, except in certain cases as specified in Article 185, in order to promote harmony between the spouses and to ensure joint parental authority over the child.