Republic Vs Toledano 233 Scra 9

Republic vs Toledano 233 SCRA 9. June 8, 1994. Fact of the Case: On February 21, 1990 Alvin Clouse, a natural born citizen of America and his wife Evelyn A Clause, Filipino at birth who later became a natural citizen of the United States petition to adopt Solomon Joseph Alcala. On June 20, 1990 the judge decree said Filipino minor be their child by adoption. Republic of the Philippines, the petitioner here, appealed that the lower court erred in granting the petition for adoption for the spouses are not qualified to adopt under the Philippine Law. Issue: Whether or not the spouses Alvin and Evelyn Clouse being an alien are disqualified to adopt under the Philippine law. Held: Yes. The spouse are disqualified to adopt the Filipino child Solomon. Article 184, paragraph (3) of Executive Order No. 209 expressly enumerates the persons who are not qualified to adopt, viz: An alien, except: (a) A former Filipino citizen who seeks to adopt a relative by consanguinity; (b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or (c) One who is married to a Filipino citizen and seeks to adopt jointly the later. Alvin Clause is not qualified being a natural born citizen of the United States of America. On the other hand Evelyn Clouse may seem to be qualified on Article 184, however adoption cannot be granted in her favor alone for the Family Code requires that the husband and wife must jointly adopt as stated on Article 185.