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Republic v. Toledano, G.R.no.94147, June 8, 1994

The Supreme Court ruled that the lower court erred in granting the petition for adoption filed by Alvin and Evelyn Clouse. As aliens, they did not qualify to adopt under Philippine law. While Evelyn, as a former Filipino citizen, could have adopted her brother on her own, Article 185 of the Family Code mandates that husband and wife must jointly adopt, with limited exceptions. Since Alvin did not meet any of the exceptions to adoption by aliens, and could not jointly adopt with Evelyn due to her loss of Filipino citizenship, the petition had to be denied.

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347 views2 pages

Republic v. Toledano, G.R.no.94147, June 8, 1994

The Supreme Court ruled that the lower court erred in granting the petition for adoption filed by Alvin and Evelyn Clouse. As aliens, they did not qualify to adopt under Philippine law. While Evelyn, as a former Filipino citizen, could have adopted her brother on her own, Article 185 of the Family Code mandates that husband and wife must jointly adopt, with limited exceptions. Since Alvin did not meet any of the exceptions to adoption by aliens, and could not jointly adopt with Evelyn due to her loss of Filipino citizenship, the petition had to be denied.

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Charmila Siplon
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3. Republic v. Toledano, G.R.No.

94147, June 8, 1994

Doctrine: Determination concerns the right of private respondents spouses Alvin A. Clouse and Evelyn A.
Clouse who are aliens to adopt under Philippine Law.

Facts:

 On February 21, 1990, Spouses Alvin Clouse, a natural-born US Citizen and Evelyn Clouse, a
former Filipino who became a naturalized US citizen, filed a petition to adopt Solomon Alcala, a
minor who is Evelyn's youngest brother. The trial court granted the petition. Republic, through
the Office of the Solicitor General appealed contending that the lower court erred in granting the
petition for the spouses are not qualified to adopt under Philippine Law.
Issue:
WON THE LOWER COURT ERRED IN GRANTING THE PETITION FOR ADOPTION OF ALVIN
AND EVELYN CLOUSE, BECAUSE THEY ARE NOT QUALIFIED TO ADOPT UNDER
PHILIPPINE LAW.
Ruling: Yes.

 Under Articles 184 and 185 of The Family Code of the Philippines, private respondents spouses
Clouse are clearly barred from adopting Solomon Joseph Alcala.
 Article 184, paragraph (3) expressly enumerates the persons who are not qualified to adopt, viz.:
(3) 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 with his or her spouse a
relative by consanguinity of the latter.

 Aliens, not included in the foregoing exceptions, may adopt Filipino children in accordance with
the rules on inter-country adoption as may be provided by law.
 There can be no question that private respondent Alvin A. Clouse is not qualified to adopt
Solomon Joseph Alcala under any of the exceptional cases in the aforequoted provision. In
the first place, he is not a former Filipino citizen but a natural born citizen of the United States of
America. In the second place, Solomon Joseph Alcala is neither his relative by consanguinity nor
the legitimate child of his spouse. In the third place, when private respondents spouses Clouse
jointly filed the petition to adopt Solomon Joseph Alcala on February 21, 1990, private
respondent Evelyn A. Clouse was no longer a Filipino citizen. She lost her Filipino citizenship
when she was naturalized as a citizen of the United States in 1988.
 Private respondent Evelyn A. Clouse, on the other hand, may appear to qualify pursuant to
paragraph 3(a) of Article 184. She was a former Filipino citizen. She sought to adopt her younger
brother. Unfortunately, the petition for adoption cannot be granted in her favor alone
without violating Article 185 which mandates a joint adoption by the husband and wife.

 It reads:
Article 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other.

 Article 185 requires a joint adoption by the husband and wife, a condition that must be read along
together with Article 184.
 Under the Family Code, joint adoption by husband and wife is mandatory. This is in
consonance with the concept of joint parental authority over the child, which is the ideal situation.
As the child to be adopted is elevated to the level of a legitimate child, it is but natural to require
the spouses to adopt jointly. The rule also insures harmony between the spouses.

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