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Republic vs. Vergara

This document summarizes a Supreme Court of the Philippines case regarding the petition of Samuel Robert Dye Jr. and Rosalina Dye to jointly adopt Rosalina's siblings, Maricel and Alvin Due. The Court denied the petition on the basis that Samuel, an American citizen, did not meet any of the exceptions under the law allowing aliens to adopt. As an alien married to a former Filipino citizen who is now an American, Samuel could not adopt Rosalina's relatives. The Court acknowledged the goal of adoption is child welfare but said it cannot grant the petition without violating the law.

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328 views5 pages

Republic vs. Vergara

This document summarizes a Supreme Court of the Philippines case regarding the petition of Samuel Robert Dye Jr. and Rosalina Dye to jointly adopt Rosalina's siblings, Maricel and Alvin Due. The Court denied the petition on the basis that Samuel, an American citizen, did not meet any of the exceptions under the law allowing aliens to adopt. As an alien married to a former Filipino citizen who is now an American, Samuel could not adopt Rosalina's relatives. The Court acknowledged the goal of adoption is child welfare but said it cannot grant the petition without violating the law.

Uploaded by

Aji Aman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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206

SUPREMECOURTREPORTSANNOTATED
Republic vs. Vergara
*

G.R.No.95551.March20,1997.

REPUBLIC OF THE PHILIPPINES, petitioner, vs. HON.


CONCEPCION S. ALARCON VERGARA, in her capacity
as Presiding Judge of the Regional Trial Court, Third
Judicial Region, Branch 62, Angeles City and SPOUSES
SAMUEL ROBERT DYE, JR. and ROSALINA D. DYE,
respondents.
Adoption; An alien who is married to a former Filipino citizen
cannot adopt his wifes relatives by consanguinity.SamuelRobert
Dye,Jr.whoisanAmericanand,therefore,analienisdisqualified
from adopting the minors Maricel and Alvin Due because he does
notfallunderanyofthethreeaforequotedexceptionslaiddownby
the law. He is not a former Filipino citizen who seeks to adopt a
relative by consanguinity. Nor does he seek to adopt his wifes
legitimate child. Although he seeks to adopt with his wife her
relatives by consanguinity, he is not married to a Filipino citizen,
for Rosalina was already a naturalized American at the time the
petition was filed, thus excluding him from the coverage of the
exception.Thelawheredoesnotprovideforanalienwhoismarried
toaformer Filipino citizen seeking to adopt jointly with his or her
spouse a relative by consanguinity, as an exception to the general
rulethataliensmaynotadopt.
Same; The main purpose of adoption statutes is the promotion
of the welfare of children; The law must also be applied with
compassion, understanding and less severity in view of the fact that
it is intended to provide homes, love, care and education for less
fortunate children.We are not unmindful of the main purpose of
adoptionstatutes,whichisthepromotionofthewelfareofchildren.
Accordingly,thelawshouldbeconstruedliberally,inamannerthat
will sustain rather than defeat said purpose. The law must also be
appliedwithcompassion,understandingandlessseverityinviewof
the fact that it is intended to provide homes, love, care and
education for less fortunate children. Regrettably, the Court is not
inapositiontoaffirmthetrialcourtsdecisionfavoringadoptionin
the case at bar, for the law is clear and it cannot be modified
without
_______________
* SECONDDIVISION.

207

VOL.270,MARCH20,1997

207

Republic vs. Vergara


violatingtheproscriptionagainstjudiciallegislation.Untilsuchtime
however,thatthelawonthematterisamended,wecannotsustain
therespondentspousespetitionforadoption.

PETITIONforreviewofadecisionoftheRegionalTrial
CourtofAngelesCity,Br.62.
ThefactsarestatedintheopinionoftheCourt.
The Solicitor Generalforpetitioner.
Servillano S. Lozanoforprivaterespondents.
ROMERO,J.:
On June 25, 1990, the spouses Samuel R. Dye, Jr. and
RosalinaDueDyefiledapetitionbeforetheRegionalTrial
1
CourtofAngelesCity toadoptMaricelR.DueandAlvinR.
Due, ages 13 and 12 years old, respectively, younger
siblings of Rosalina. Samuel R. Dye, Jr., a member of the
UnitedStatesAirForce,isanAmericancitizenwhoresided
attheClarkAirBaseinPampanga.HiswifeRosalinaisa
formerFilipinowhobecameanaturalizedAmerican.They
havetwochildren.BothMaricelandAlvinDue,aswellas
theirnaturalparents,gavetheirconsenttotheadoption.
After trial, the lower court rendered its decision on
September 10, 1990 granting the petition and declaring
AlvinandMariceltobethechildrenofthespousesDyeby
2
adoption. RespondentRegionalTrialCourtdisregardedthe
sixteenyear age gap requirement of the law, the spouses
beingonlyfifteenyearsandthreemonthsandfifteenyears
and nine months older than Maricel Due, on the ground
that a literal implementation of the law would defeat the
veryphilosophybehind
____________________________
1IntheMatterofthePetitionforAdoptionoftheMinorsMaricelR.

Due and Alvin R. Due, Spouses Robert Dye, Jr. and Rosalina D. Dye,
Petitioners, Special Proceeding No. 4203, Regional Trial Court of
AngelesCity,Branch62.
2DecisionoftheRegionalTrialCourtpennedbyJudgeConcepcionS.

AlarconVergara,Rollo,pp.2124.
208

208

SUPREMECOURTREPORTSANNOTATED
Republic vs. Vergara
3

adoptionstatutes,namely,topromotethewelfareofachild.
The court also found that the petitioning spouses are
mentally and physically fit to adopt, possess good moral
character, sufficient financial capability and love and
affectionfortheintendedadoptees.
The Republic filed this petition for review on a pure
question of law, contending that the spouses Dye are not

qualifiedunderthelawtoadoptMaricelandAlvinDue.
The Court finds the petition meritorious and hereby
grantsit.
Asageneralrule,alienscannotadoptFilipinocitizensas
this is proscribed under Article 184 of the Family Code
whichstates:
Art.184.Thefollowingpersonsmaynotadopt:
xxxxxxxxx
(3)Analien,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
Filipinospouse;or
(c) OnewhoismarriedtoaFilipinocitizenandseekstoadopt
jointlywithhisorherspousearelativebyconsanguinityof
thelatter.
Aliens not included in the foregoing exceptions may adopt
Filipino children in accordance with the rules on intercountry
adoptionasmaybeprovidedbylaw.

SamuelRobertDye,Jr.whoisanAmericanand,therefore,
an alien is disqualified from adopting the minors Maricel
and Alvin Due because he does not fall under any of the
threeaforequotedexceptionslaiddownbythelaw.Heisnot
afor
____________________________
3Ibid.,p.23.Article183oftheFamilyCodeprovidesinpartthatthe

adopter must be at least sixteen years older than the person to be


adopted,unlesstheadopteristheparentbynatureoftheadopted,oris
thespouseofthelegitimateparentofthepersontobeadopted.
209

VOL.270,MARCH20,1997

209

Republic vs. Vergara


mer Filipino citizen who seeks to adopt a relative by
consanguinity. Nor does he seek to adopt his wifes
legitimate child. Although he seeks to adopt with his wife
her relatives by consanguinity, he is not married to a
Filipino citizen, for Rosalina was already a naturalized
Americanatthetimethepetitionwasfiled,thusexcluding
himfromthecoverageoftheexception.Thelawheredoes
notprovideforanalienwhoismarriedtoaformer Filipino
citizen seeking to adopt jointly with his or her spouse a
relative by consanguinity, as an exception to the general
rulethataliensmaynotadopt.
Onherown,RosalinaDyecannotadoptherbrotherand
sisterforthelawmandatesjointadoptionbyhusbandand
wife,subjecttoexceptions.Article29ofPresidentialDecree
No.603(ChildandYouthWelfareCode)retainedtheCivil
4
Codeprovision that husband and wife may jointly adopt.
The Family Code amended this rule by scrapping the
optional character of joint adoption and making it now

mandatory.Article185oftheFamilyCodeprovides:
Art. 185. Husband and wife must adopt, except in the following
cases:
(1) Whenonespouseseekstoadopthisownillegitimatechild;
(2) When one spouse seeks to adopt the legitimate child of the
other.

None of the above exceptions applies to Samuel and


RosalinaDye,fortheydidnotpetitiontoadoptthelatters
childbutherbrotherandsister.
TheCourthaspreviouslyrecognizedtheineligibilityofa
similarlysituatedalienhusbandwithaformerFilipinowife
seekingtoadoptthelattersnephewsandnieceinthecase
5
ofRepublic v. Court of Appeals. Although the wife in said
casewasqualifiedtoadoptunderArticle184,paragraph3
(a),shebeingaformerFilipinowhoseekstoadoptarelative
bycon
_______________
4Article336.
5G.R.No.100385,October26,1993,227SCRA401.

210

210

SUPREMECOURTREPORTSANNOTATED
Republic vs. Vergara

sanguinity, she could not jointly adopt with her husband


under Article 185 because he was an alien ineligible to
adopthereinthePhilippines.
We are not unmindful of the main purpose of adoption
statutes, which is the promotion of the welfare of children.
Accordingly, the law should be construed liberally, in a6
mannerthatwillsustainratherthandefeatsaidpurpose.
The law must also be applied with compassion,
understandingandlessseverityinviewofthefactthatitis
intendedtoprovidehomes,love,careandeducationforless
7
fortunate children. Regrettably, the Court is not in a
positiontoaffirmthetrialcourtsdecisionfavoringadoption
in the case at bar, for the law is clear and it cannot be
modifiedwithoutviolatingtheproscriptionagainstjudicial
legislation. Until such time however, that the law on the
matter is amended, we cannot sustain the respondent
spousespetitionforadoption.
WHEREFORE, the instant petition is hereby
GRANTED. The Decision of the Regional Trial Court of
AngelesCityinSpecialProceedingNo.4203(IntheMatter
of the Petition for Adoption of the minors Maricel R. Due
and Alvin R. Due), dated September 10, 1990 is
REVERSEDANDSETASIDE.
SOORDERED.
Regalado (Chairman), Puno and Torres, Jr., JJ.,
concur.
Mendoza, J.,Intheresult.

Petition granted.
Notes.While the change of the adoptees surname to
follow that of the adopter is the natural and necessary
consequence of a grant of adoption, the given or proper
name, also known as the first or Christian name, of the
adopteemust
_______________
6Santosv.Aranzaso,G.R.No.L23828, February 28, 1966, 16 SCRA

344;Republicv.CA,G.R.No.92326,January24,1992,205SCRA356.
7Duncanv.CFI,G.R.No.L30576,February10,1976,69SCRA298.

211

VOL.270,MARCH20,1997

211

Drilon vs. Court of Appeals


remain as it was originally registered in the civil register.
(Republic vs. Hernandez,253SCRA509[1996])
The court acquired jurisdiction over the petition for
adoptionevenifthegivennameofthechildtobeadopted
waspublishedasMichaelinsteadofMidael,whichisthe
name appearing in the birth certificatechanging the
nameofthechildfromMidaeltoMichaelcannotpossibly
cause any confusion, because both names can be read and
pronounced with the same rhyme and tone. (Republic vs.
Court of Appeals,255SCRA99[1996])
o0o

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