G.R. No. 94147 June 8, 1994
REPUBLIC OF THE PHILIPPINES, petitioner, vs. HONORABLE RODOLFO TOLEDANO, in his capacity as Presiding Judge of the Regional Trial Court, Third Judicial Region, Branch 69, Iba, Zambales and SPOUSES ALVIN A. CLOUSE and EVELYN A. CLOUSE, respondents.

FACTS

On February 21, 1990, spouses Alvin A. Clouse and Evelyn A. Clouse filed a verified petition for adoption of the minor Solomon Joseph Alcala, the younger brother of Evelyn, before the Regional Trial Court of Iba, Zambales. Alvin is a natural-born citizen of the United States. Evelyn, originally a Filipino, married Alvin in 1981 and became a naturalized U.S. citizen in 1988. The minor had been under their care, and both the minor and his natural mother consented to the adoption. A social worker favorably recommended the petition. The trial court granted the adoption, decreeing the minor as the child of the petitioners. The Republic, through the Solicitor General, appealed, contending the spouses are not qualified to adopt under Philippine law.

ISSUE

Whether or not private respondents spouses Alvin A. Clouse and Evelyn A. Clouse, who are aliens, are qualified to adopt the minor Solomon Joseph Alcala under Philippine law.

RULING

No. The petition for adoption was improperly granted. Under Articles 184 and 185 of Executive Order No. 209 (The Family Code of the Philippines), private respondents are barred from adopting. Article 184(3) disqualifies an alien from adopting, except in three cases: (a) a former Filipino citizen adopting a relative by consanguinity; (b) one adopting the legitimate child of his or her Filipino spouse; or (c) one married to a Filipino citizen jointly adopting with said spouse a relative by consanguinity of the latter. Alvin, a natural-born American, does not fall under any exception as he is not a former Filipino, and the minor is neither his relative nor the legitimate child of his spouse. Evelyn, a former Filipino seeking to adopt her brother, appears to qualify under exception (a). However, Article 185 mandates that husband and wife must jointly adopt, except when one spouse adopts the other’s illegitimate child or legitimate child. Since joint adoption is mandatory and Alvin is disqualified, the petition cannot be granted in favor of Evelyn alone. The requirement for joint adoption is clear and categorical, designed to ensure joint parental authority and marital harmony. Therefore, the decision of the lower court is REVERSED and SET ASIDE.