GR L 5272; (December, 1953) (Digest)
G.R. No. L-5272 December 21, 1953
In the Matter of the Petition of NORMAN H. BALL to Adopt the Minor GEORGE WILLIAM YORK, JR., NORMAN H. BALL, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Norman H. Ball, an American citizen domiciled in the Philippines, petitioned for the adoption of the minor George William York, Jr., born on February 29, 1948. The Solicitor General opposed. After hearing, the Court of First Instance of Manila granted the adoption under Article 338 of the Civil Code. The Solicitor General appealed the amended decision dated October 21, 1951. The minor is the son of George William York, Sr. and Sophie S. Farr, who were divorced in 1944. After the divorce, the minor remained in the care of his mother. The father is remarried and lives in San Francisco, California. The petitioner, Norman H. Ball, married the divorced mother, Sophie S. Farr, on August 5, 1947, and they have a two-year-old daughter together. The family resides in Manila. The minor’s mother consented to the adoption. The petitioner was proven to be in an economic position to support and educate the minor.
ISSUE
Whether a stepfather who has a legitimate child of his own is legally permitted to adopt his stepchild under the provisions of the Civil Code.
RULING
No. The Supreme Court reversed the decision of the lower court. The Court harmonized Articles 335 and 338 of the Civil Code. Article 335 prohibits those who have legitimate children from adopting. Article 338 states that a stepchild may be adopted by a stepfather or stepmother. The word “may” in Article 338 is permissive, not mandatory; it allows but does not compel the adoption of a stepchild. The legislative intent, deduced from the entire law and the report of the Code Commission, is that the adoption of a stepchild is advisable to ease family relations only when the adopting step-parent has no legitimate child. If the adopter has a compulsory heir, the adoption would not promote peace and harmony but could create conflict, as the legitimate child would see the adopted step-sibling as a co-heir, potentially diminishing his share of inheritance and parental care. Since Norman H. Ball has a legitimate daughter, he is disqualified under Article 335(1) from adopting his stepson, George William York, Jr.