Case: Brehm v. Republic (9 SCRA 172), September 30, 1963 (G.R No.

L18566)
FACTS

PETITIONERS-APPELLEES: Elizabeth Mira, Gilbert R. Brehm, Ester Mira

Brehm
OPPOSITOR-APPELLANT: Republic of the Philippines
Spouses Gilbert R. Brehm and Ester Mira Brehm filed a Joint Petition
with the Juvenile and Domestic Relations Court for the adoption of the
minor, Elizabeth Mira claiming that they have mutually given their
consent to the adoption.
The Republic of the Philippines opposed and registered this petition, it
appearing that Brehm testified that his residence in the Philippines was
temporary, effective only for the purposes of his tour of duty with the
Navy this, disqualifying him from making an adoption. (based on
Article 335)
A reply to the opposition was presented by the petitioners, claiming
that Art. 335 does not apply in the case as this article covers the
adoptions for the purpose of establishing a relationship of paternity
and filiation. They claim that this only applies to adopting parents that
are total strangers to the said child and that they have an established
relation between the child and Brehm, created by Affinity (Article 338)
that Brehm as a step-father, can adopt his step child, Elizabeth Mira.

ISSUES

Brahm claims that he intends to maintain his residence in the

Philippines after his tour of duty with the US Naval Forces
Can Gilbert R. Brehm and Ester Mira Brehm legally adopt the child,
Elizabeth Mira?
Are non-permanent residents in the Philippines qualified to adopt
children in the Philippines?
Per the Juvenile & Domestic Relations Court:
1. Residence is principally a matter of intention. The Appellees
acts, coupled with his declaration of permanently residing in
the Philippines have cured the legal defect on the point of
residence.
2. The status of the minor Elizabeth Mira whose welfare
deserves paramount consideration.
Per the Solicitor General:
1. The appeal did not assail the right of the petitioner, Ester Mira
Brehm (the natural mother of the minor) to adopt the child.

2. It was error for the court in adjudging the minor, Elizabeth Mira
to be the adopted child of the petitioner - Gilbert R. Brehm as
there is no question that the petitioner is a non-resident alien.
By his testimony, he supplied the conclusive proof of his status
here and no amount of reasoning will overcome the same. For
this reason, he is not qualified to adopt.
LAWS

Article 335 [4], New Civil Code; Sec. 2, Rule 100, Rules of Court: That
being a non-resident alien (Brehm), the court has no jurisdiction over
him.
Article 338 of the New Civil Code: Expressly authorizes the a adoption
of a step-child by a step-father

HOLDINGS

Civil Code of the Philippines, Art.5: Mandatory and Prohibitory Laws:

Those the which contain positive prohibitions and are couched in the
negative terms importing that the act required shall not be done
otherwise than designated. Acts committed in violation of prohibitory
laws are likewise void.
No matter how much good the intentions are of the petitioners, the
law leaves us no choice but to apply its explicit terms which denies the
petitioners the power to adopt anybody in the Philippines
The law safeguards minors to achieve and insure their welfare. If a
minor is adopted by a person who is not a resident of the country, the
adopter may remove the minor from the said country where he is not a
resident of. This, in line may place the minor beyond the reach and
protection of the country of its birth (See also S/Sgt. Katancik, v.
Republic, G.R No. L-15472, June 20, 1962)
Article 335 confers jurisdiction to the court over this case. Article 338
may be availed once jurisdiction has been established.