G.R. No. L-5387; April 27, 1954
In the matter of the Adoption of the minors MARIA LUALHATI MAGPAYO and AMADA MAGPAYO. CLYDE E. MCGEE, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Clyde E. McGee, an American citizen, is married to Leonarda S. Crisostomo, with whom he has one legitimate child. The minors Maria Lualhati Magpayo and Amada Magpayo are Leonarda’s children from her first marriage to Ernesto Magpayo, who died during the Japanese occupation. McGee filed a petition in the Court of First Instance of Manila to adopt his two minor step-children. The Government opposed the petition on the ground that, under Article 335, paragraph 1 of the new Civil Code, McGee is disqualified from adopting because he already has a legitimate child. The trial court granted the petition for adoption, and the Government appealed.

ISSUE

Whether a step-father who already has a legitimate child of his own is legally permitted to adopt his step-child under the provisions of the new Civil Code, specifically considering the interplay between Article 335 (which lists those who cannot adopt) and Article 338 (which lists those who may be adopted).

RULING

The Supreme Court reversed the decision of the trial court and denied the petition for adoption. The Court held that pursuant to Article 335, paragraph 1 of the new Civil Code, a step-father who already has a legitimate child cannot adopt a step-child. The permission granted under Article 338, paragraph 3 for a step-parent to adopt a step-child is confined and applicable only to those step-parents who have no children of their own. The Court ruled that the negative and prohibitory language of Article 335 is mandatory and must prevail over the affirmative and directory language of Article 338. The principal reason for the prohibition is to prevent conflicts within the family and the material diminution of the successional rights of the existing legitimate child.