G.R. No. L-22170, September 23, 1966
IN THE MATTER OF THE ADOPTION OF THE MINOR BERTHA ANN RIVERA. ROBERT H. CATHEY and HELEN O. CATHEY, petitioners and appellants, vs. REPUBLIC OF THE PHILIPPINES, oppositor and appellee.

FACTS

Petitioners Robert H. Cathey (an American citizen) and Helen O. Cathey (a Filipino citizen), spouses with no children, filed a petition for the adoption of the minor Bertha Ann Rivera. They alleged they had the child’s care and custody three days after her birth on January 19, 1963. The child’s natural mother, Violeta O. Rivera, who had seven other children, executed a written consent to the adoption, which was attached to the petition. The natural father was unknown. Petitioners are permanent residents of Manila, with Robert Cathey being a resident alien holding an Immigrant Certificate of Residence and working as an administrative officer at Clark Air Base. The Juvenile and Domestic Relations Court denied the petition, citing two reasons: (1) it was not convinced genuine efforts were made to present the natural mother before the court to testify, and (2) Robert Cathey, as an alien, was not qualified to adopt. Petitioners appealed.

ISSUE

1. Whether the written consent of the natural mother, without her personal testimony in court, is sufficient for the adoption.
2. Whether Robert H. Cathey, as a resident alien, is disqualified from adopting under Philippine law.

RULING

The Supreme Court reversed the lower court’s decision and directed the allowance of the adoption.
1. On the issue of consent, the Court held that both substantive (Article 340 of the New Civil Code) and procedural (Section 3, Rule 100, now Rule 99) laws only require the written consent of the known living parent, not their personal testimony in court. The evidence showed petitioners exerted genuine efforts to locate the mother, who refused to testify but reaffirmed her written consent to a police investigator. The Solicitor General also argued the mother’s act of leaving the baby three days after birth constituted abandonment, which could even dispense with the need for consent.
2. On the issue of alienage, the Court held that not all aliens are disqualified. Under Article 335 of the New Civil Code, only non-resident aliens and resident aliens whose government has broken diplomatic relations with the Philippines are disqualified. Robert H. Cathey, being a resident alien legally residing in the Philippines, is not disqualified. The paramount consideration under the law is the welfare of the child. Given that the child was virtually unwanted by her mother, who had seven other children, and the petitioners are qualified and willing to adopt, the adoption should be granted for the child’s best interests.