Republic v. Toledano June 8, 1994 Puno The spouses in this case are aliens and want to adopt a Filipino.

The SC says that they cant because one of them is not qualified under FC 184 and according to FC 185, the spouses must adopt the child jointly The Sps. Alvin and Evelyn Clouse are aliens. In 1990, they filed a petition in the RTC to adopt the minor, 12 yr. old, Solomon Alcala who is the younger brother of Evelyn. Alvin is a US natural born citizen and married Evelyn, a Filipino but became a naturalized US citizen in 1988, in 1981. They are physically, mentally, morally and financially capable of adopting him. The social worker, Nila Pronda, assigned to conduct the Home and Child Study, favourably recommended the granting of the petition for adoption. Since 1981 1989, Solomon has been under the care of the spouses and gave his consent to the adoption. His mother, Nery, a widow, consented to the adoption too due to poverty. RTC granted the petition. Republic, through the OSG, appealed via petition for review on certiorari. WON the RTC should have granted the petition? No FC 184 enumerates the persons who are not qualified to adopt: 3. An alien, except: a. A former Filipino who seeks to adopt a relative by consanguinity b. One who seeks to adopt the legitimate child of his or her Filipino spouse c. One who is married to a Filipino citizen and seeks to jointly with his or her spouse a relative by consanguinity of the latter Aliens not included in the foregoing exception may adopt Filipino children in accordance with the rules on inter country adoption as may be provided by law. Alvin is not qualified to adopt Solomon. a. He is not a Filipino citizen b. Solomon is not his relative by consanguinity nor the legitimate child of his spouse c. When they filed the petition to adopt Solomon, Evelyn was no longer a Filipino citizen FC 185 states: Husband and wife must jointly adopt, except in the following cases: 1. When one spouse seeks to adopt his own illegitimate child 2. When one spouse seeks to adopt the legitimate childe of the other Evelyn appears to have been qualified since she was a former Filipino and seeks to adopt her younger brother but the petition cannot be granted to her alone without violating FC 185 which requires a joint adoption by the husband and wife, a condition which must be read along with FC 184. SC went into the FCs history, saying that it the cited provisions are meant to protect the child. Under the new law, joint adoption by a husband and wife is mandatory which is in consonance with the concept of joint parental authority over the child. As the child to be adopted is elevated to the level of a legitimate child, it is but natural to require the spouse to adopt jointly and insures harmony between the spouses. It is not the bureaucratic technicalities but the interest of the child that should be the principal criterion in adoption cases.