COL Rep Vs Hughes and CA

REPUBLIC OF THE PHILIPPINES Art. 29. Husband and wife may jointly adopt.
In such case, parental authority

vs. shall be exercised as if the child were their own by nature.
THE HONORABLE COURT OF APPEALS and the SPOUSES JAMES
If one of the spouses is an alien, both husband and wife shall jointly adopt.
ANTHONY HUGHES and LENITA MABUNAY HUGHES
Otherwise, the adoption shall not be allowed.
G.R. No. 100835 October 26, 1993
As amended by Executive Order 91, Presidential Decree No. 603, had
thus made it mandatory for both the spouses to jointly adopt when
FACTS
one of them was an alien. The law was silent when both spouses
were of the same nationality.
James Anthony Hughes, a natural born citizen of the United States of
America, married Lenita Mabunay Hughes, a Filipino Citizen, who
The Family Code has resolved any possible uncertainty. Article 185
herself was later naturalized as a citizen of that country.
thereof now expresses the necessity for joint adoption by the
spouses except in only two instances —
June 1990, the spouses jointly filed a petition to adopt Ma. Cecilia,
Neil and Maria, all surnamed Mabunay, minor niece and nephews of
(1) When one spouse seeks to adopt his own illegitimate child; or
Lenita, who had been living with the couple even prior to the filing
of the petition. The minors, as well as their parents, gave consent to
(2) When one spouse seeks to adopt the legitimate child of the
the adoption.
other.
The RTC rendered a decision granting the petition. A petition for
It is in the foregoing cases when Article 186 of the Code, on the
Review on Certiorari was filed with this Court, assailing the trial
subject of parental authority, can aptly find governance.
court's decision.
Article 186. In case husband and wife jointly adopt or one spouse adopts the
ISSUE legitimate child of the other, joint parental authority shall be exercised by the
spouses in accordance with this Code.
Are the spouses Hughes qualified to adopt the niece and nephew of
Lenita? The respondent court, in affirming the grant of adoption by the
lower court, has theorized that James Anthony should merely be
RULING considered a "nominal or formal party" in the proceedings. This view
of the appellate court cannot be sustained.
NO. Under Article 184 of the Family Code
Adoption creates a status that is closely assimilated to legitimate
Art. 184. The following persons may not adopt : paternity and filiation with corresponding rights and duties that
necessarily flow from adoption, such as, but not necessarily confined
(1) The guardian with respect to the ward prior to the approval of the final
to, the exercise of parental authority, use of surname of the adopter
accounts rendered upon the termination of their guardianship relation;
by the adopted, as well as support and successional rights. These are
(2) Any person who has been convicted of a crime involving moral turpitude; matters that obviously cannot be considered inconsequential to the
parties.
(3) 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 with his
or her Filipino spouse a relative by consanguinity of the latter.
James Anthony unquestionably is not permitted to adopt under any

of the exceptional cases enumerated in paragraph (3) of article 184
of the Family Code, Lenita, however, can qualify pursuant to
paragraph (3)(a). The problem in her case lies, instead, with Article
185 of Executive Order No. 209, expressing as follows:
Art. 185. Husband and wife must jointly adopt, except in the following cases:
(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.
Lenita may not thus adopt alone since Article 185 requires a joint
adoption by the husband and the wife, a condition that must be
read along together with Article 184.
Moreover, under :

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REPUBLIC OF THE PHILIPPINES Art. 29. Husband and wife may jointly adopt.

In such case, parental authority

(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

James Anthony unquestionably is not permitted to adopt under any

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