Republic of the Philippines vs. Hon. Concepcion S. Alarcon Vergara, et al.

Under Articles 184 and 185 of the Family Code, an alien husband married to a former Filipino citizen who has become a naturalized American cannot adopt the latter's relatives by consanguinity, and the Filipino spouse cannot adopt alone because joint adoption by husband and wife is mandatory except in the cases specified by law.

Samuel R. Dye, Jr., an American citizen and member of the United States Air Force stationed at Clark Air Base, is married to Rosalina D. Dye, a former Filipino who became a naturalized American. The minors Maricel R. Due and Alvin R. Due are Rosalina's younger siblings. The Family Code generally prohibits aliens from adopting Filipino citizens, subject to specified exceptions, and requires husband and wife to adopt jointly except in certain cases.

Samuel R. Dye, Jr. is a member of the United States Air Force and an American citizen who resided at Clark Air Base in Pampanga. He is married to Rosalina Due Dye, a former Filipino who became a naturalized American. The spouses already have two children. Maricel R. Due and Alvin R. Due, then thirteen and twelve years old, respectively, are the younger siblings of Rosalina.

On June 25, 1990, the spouses filed a petition before the Regional Trial Court of Angeles City, Branch 62, in Special Proceeding No. 4203, to adopt Maricel and Alvin. Maricel and Alvin, as well as their natural parents, gave their consent to the adoption.

After trial, the lower court rendered its decision on September 10, 1990 granting the petition and declaring Alvin and Maricel to be the children of the spouses Dye by adoption. The trial court disregarded the sixteen-year age gap requirement of the law, the spouses being only fifteen years and three months and fifteen years and nine months older than Maricel Due, on the ground that a literal implementation of the law would defeat the very philosophy behind adoption statutes, namely, to promote the welfare of a child. 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 affection for the intended adoptees.

• Qualification to Adopt: The Republic contended that the spouses Dye are not qualified under the law to adopt Maricel and Alvin Due, raising the matter as a pure question of law in its petition for review.

• Alien Adoption: Whether Samuel Robert Dye, Jr., an American citizen married to a former Filipino who had become a naturalized American, falls under any exception in Article 184 of the Family Code allowing an alien to adopt a Filipino citizen.
• Joint Adoption: Whether Rosalina Dye may adopt her younger siblings alone, or whether Article 185 of the Family Code requires joint adoption by husband and wife and none of its exceptions applies.

• Alien Adoption: No. Samuel Robert Dye, Jr. is disqualified because he is an alien who does not fall under any of the three exceptions in Article 184 of the Family Code; he is not a former Filipino citizen, does not seek to adopt his wife's legitimate child, and is not married to a Filipino citizen.
• Joint Adoption: No. Rosalina Dye cannot adopt alone because Article 185 mandates joint adoption by husband and wife, and neither exception applies since the adoptees are her brother and sister, not her illegitimate child or the legitimate child of her spouse.

• Alien Adoption: Article 184 of the Family Code lays down the general rule that aliens cannot adopt Filipino citizens, subject to three exceptions: (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 with his or her spouse a relative by consanguinity of the latter. Samuel Robert Dye, Jr. is an American and therefore an alien. He is not a former Filipino citizen seeking to adopt a relative by consanguinity, nor does he seek to adopt his wife's legitimate child. Although he seeks to adopt with his wife her relatives by consanguinity, he is not married to a Filipino citizen because Rosalina was already a naturalized American at the time the petition was filed. The law does not provide for an alien married to a former Filipino citizen seeking to adopt jointly with his or her spouse a relative by consanguinity. He is thus disqualified.
• Joint Adoption: Article 185 of the Family Code provides that husband and wife must adopt jointly, except (1) when one spouse seeks to adopt his own illegitimate child, or (2) when one spouse seeks to adopt the legitimate child of the other. Neither exception applies to Samuel and Rosalina Dye because they petitioned to adopt Rosalina's brother and sister, not her child. Rosalina cannot adopt on her own. The Court cited Republic vs. Court of Appeals, where a similarly situated alien husband with a former Filipino wife sought to adopt the latter's nephews and niece; although the wife was qualified under Article 184, paragraph 3(a), she could not jointly adopt with her alien husband under Article 185 because he was ineligible to adopt in the Philippines. The Court acknowledged that adoption statutes are designed to promote the welfare of children and should be construed liberally, with compassion and less severity, but the law is clear and cannot be modified without violating the proscription against judicial legislation. Until the law is amended, the adoption cannot be sustained.

• Alien Adoption Disqualification under Article 184, Family Code — General rule: aliens cannot adopt Filipino citizens. Exceptions: (a) former Filipino citizen adopting a relative by consanguinity; (b) alien adopting the legitimate child of his or her Filipino spouse; (c) alien married to a Filipino citizen adopting jointly with the Filipino spouse a relative by consanguinity of the latter. The Court applied this to hold that an alien husband married to a former Filipino who had become a naturalized American did not fall under any exception, because he was not married to a Filipino citizen at the time of the petition.
• Mandatory Joint Adoption under Article 185, Family Code — Husband and wife must adopt jointly, except when one spouse seeks to adopt his own illegitimate child or the legitimate child of the other. The Court applied this to hold that the Filipino spouse could not adopt her younger siblings alone, because the adoptees were not her child and the alien husband was ineligible to adopt.
• Liberal Construction of Adoption Statutes — Adoption statutes are to be construed liberally to promote the welfare of children and applied with compassion and less severity. However, the Court held that this policy cannot override clear statutory disqualifications; to do so would amount to judicial legislation. Thus, the adoption was reversed despite the child-welfare rationale.

• "As a general rule, aliens cannot adopt Filipino citizens as this is proscribed under Article 184 of the Family Code which states:" — States the general rule on alien adoption that controls the case.
• "The law here does not provide for an alien who is married to a former Filipino citizen seeking to adopt jointly with his or her spouse a relative by consanguinity, as an exception to the general rule that aliens may not adopt." — States the ratio for holding Samuel Robert Dye, Jr. disqualified despite his marriage to Rosalina.
• "On her own, Rosalina Dye cannot adopt her brother and sister for the law mandates joint adoption by husband and wife, subject to exceptions." — States the ratio for holding that the Filipino spouse could not adopt alone.
• "Regrettably, the Court is not in a position to affirm the trial court's decision favoring adoption in the case at bar, for the law is clear and it cannot be modified without violating the proscription against judicial legislation." — States the Court's refusal to allow policy considerations to override the clear statutory disqualifications.

• Republic vs. Court of Appeals, G.R. No. 100385, October 26, 1993, 227 SCRA 401 — The Court cited this as precedent recognizing the ineligibility of a similarly situated alien husband with a former Filipino wife seeking to adopt the latter's nephews and niece; although the wife was qualified under Article 184, paragraph 3(a), she could not jointly adopt with her alien husband under Article 185 because he was ineligible to adopt in the Philippines.
• Santos vs. Aranzaso, G.R. No. L-23828, February 28, 1966, 16 SCRA 344 — Cited for the principle that adoption statutes should be construed liberally to promote the welfare of children.
• Republic vs. Court of Appeals, G.R. No. 92326, January 24, 1992, 205 SCRA 356 — Cited with Santos vs. Aranzaso for the liberal construction of adoption statutes.
• Duncan vs. CFI, G.R. No. L-30576, February 10, 1976, 69 SCRA 298 — Cited for the principle that adoption laws must be applied with compassion, understanding, and less severity because they are intended to provide homes, love, care, and education for less fortunate children.

• Article 184, Family Code — General rule that aliens may not adopt, with exceptions for (a) a former Filipino citizen adopting a relative by consanguinity; (b) one adopting the legitimate child of his or her Filipino spouse; and (c) one married to a Filipino citizen adopting jointly with the Filipino spouse a relative by consanguinity of the latter. Applied to disqualify Samuel because he fell under none of the exceptions.
• Article 185, Family Code — Requires husband and wife to adopt jointly, except when one spouse seeks to adopt his own illegitimate child or the legitimate child of the other. Applied to hold that Rosalina could not adopt alone.
• Article 183, Family Code — Requires the adopter to be at least sixteen years older than the person to be adopted, unless the adopter is the parent by nature or the spouse of the legitimate parent. The trial court disregarded this requirement, but the Supreme Court resolved the case on the spouses' lack of qualification.
• Article 29, Presidential Decree No. 603 (Child and Youth Welfare Code) — Retained the Civil Code provision that husband and wife may jointly adopt; the Family Code later made joint adoption mandatory.
• Article 336, Civil Code — The Civil Code provision on joint adoption by husband and wife, retained by Article 29 of Presidential Decree No. 603.

Justices Regalado, Puno, and Torres, Jr. concurred. Justice Mendoza concurred in the result.