In the Matter of the Adoption of Elizabeth Mira (Brehm v. Republic) (1963)

In the Matter of the Adoption of Elizabeth Mira (Brehm v. Republic)

G.R. No. L18566

September 30, 1963

FACTS:

·       Gilbert R. Brehm, Ester Mira Brehm (Petitioners)

o   Pitt Vasquez (for petitioners-appellees)

o   Brehm: American citizen serving US Army based in Subic Bay

o   October 9, 1958: married Ester Mira (Filipino; mother of Elizabeth Mira)

o   Couple established residence in Intramuros

·       Solictor General (oppositor-appellant)

PROCEDURAL HISTORY

·       January 29, 1959: Spouses filed Joint Petition with the Juvenile and Domestic Relations Court for adoption of the minor (Elizabeth), giving mutual consent to the adoption to:

o    promote her best interest and well-being

o   legitimate status, free from legal obligations to natural father

o   Become child of the petitioners with pertinent rights thereto

·       Juvenile and Domestic Relations Court: adjudged Elizabeth Mira as the adopted child of petitioner Gilbert R. Brehm; minor’s surname is changed from ‘Mira’ to ‘Mira Brehm’

o   Regardless of the nature of petitioner’s purpose coming to the PH

o   Considers legal intent of petitioner Brehm of permanently residing in the PH

o   Status and welfare of minor

ISSUE/S:

·       Whether or not non-resident aliens be allowed to adopt in the Philippines

HOLDING/RATIONALE:

·       No

o   Article 335 of the Civil Code of the PH: “The following cannot adopt: (4) Non-resident aliens” ; See decisions in Ellis & Ellis v. Republic L-16922 (April 30, 1963); Caraballo v. Republic G.R. No. L-15080 (April 25, 1962); S/Sgt. Katan-cik v. Republic G.R. No L-15472 (June 20, 1962)

JUDGMENT:

·       Decision appealed from in so far as it affects the petitioner Gilbert Brehm is REVERSED

·       Petition to adopt Elizabeth Brehm DENIED without costs

PETITIONER’S ARGUMENTS:

1.     Brehm is now the step-father; he is qualified to adopt based on the provisions of Article 338 (Paragraph 3) of the Civil Code

o   “The following may be adopted:

 1. The natural child, by the natural father

 2. other legitimate children, by the father or mother

3.A step-child, by the step-father or step-mother”

COURT SAYS:

·       “Article 335 states that the following CANNOT adopt”

o   It is mandatory because it contains words of positive prohibition

·       “Article 338 provides ‘the following may be adopted: (3) a step-child, by the stepfather or stepmother.”

o   Merely directory and can only be given operation if the same does not conflict with the mandatory provisions of Art. 336

o   See decision in Ball v. Republic., 50 O.G. 145 and McGee v. Republic., L-5387 (April 29, 1959

OSG’S ARGUMENTS

·       No question that petitioner Gilbert R. Brehm is non-resident alien; supplied conclusive proof of his status here by his own testimony and admission