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    CASE No. 213 RP vs. The Honorable CA and The Spouses James Anthony Hughes and Lenita Mabunay Hughes

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    Jonel L. Sembrana
    The Supreme Court ruled that a married couple, composed of a natural born US citizen and his Filipino wife, were not qualified to jointly adopt minor relatives of the Filipino spouse under Philippine law. The Court found that while the Filipino spouse could potentially qualify as an adoptive parent, the foreign spouse did not meet any of the exceptions under the law allowing non-Filipino citizens to adopt. Furthermore, the law requires that for a married couple to adopt, both spouses must qualify, which in this case the foreign spouse did not. The appellate court's view that the foreign spouse could be considered a nominal party was rejected, as adoption establishes significant legal rights and duties between the adopter and adoptee. The Supreme Court reversed

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    CASE No. 213 RP vs. The Honorable CA and The Spouses James Anthony Hughes and Lenita Mabunay Hughes

    Uploaded by

    Jonel L. Sembrana
    34 views2 pages
    The Supreme Court ruled that a married couple, composed of a natural born US citizen and his Filipino wife, were not qualified to jointly adopt minor relatives of the Filipino spouse under Philippine law. The Court found that while the Filipino spouse could potentially qualify as an adoptive parent, the foreign spouse did not meet any of the exceptions under the law allowing non-Filipino citizens to adopt. Furthermore, the law requires that for a married couple to adopt, both spouses must qualify, which in this case the foreign spouse did not. The appellate court's view that the foreign spouse could be considered a nominal party was rejected, as adoption establishes significant legal rights and duties between the adopter and adoptee. The Supreme Court reversed

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    The Supreme Court ruled that a married couple, composed of a natural born US citizen and his Filipino wife, were not qualified to jointly adopt minor relatives of the Filipino spouse under Philippine law. The Court found that while the Filipino spouse could potentially qualify as an adoptive parent, the foreign spouse did not meet any of the exceptions under the law allowing non-Filipino citizens to adopt. Furthermore, the law requires that for a married couple to adopt, both spouses must qualify, which in this case the foreign spouse did not. The appellate court's view that the foreign spouse could be considered a nominal party was rejected, as adoption establishes significant legal rights and duties between the adopter and adoptee. The Supreme Court reversed

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views2 pages

    CASE No. 213 RP vs. The Honorable CA and The Spouses James Anthony Hughes and Lenita Mabunay Hughes

    Uploaded by

    Jonel L. Sembrana
    The Supreme Court ruled that a married couple, composed of a natural born US citizen and his Filipino wife, were not qualified to jointly adopt minor relatives of the Filipino spouse under Philippine law. The Court found that while the Filipino spouse could potentially qualify as an adoptive parent, the foreign spouse did not meet any of the exceptions under the law allowing non-Filipino citizens to adopt. Furthermore, the law requires that for a married couple to adopt, both spouses must qualify, which in this case the foreign spouse did not. The appellate court's view that the foreign spouse could be considered a nominal party was rejected, as adoption establishes significant legal rights and duties between the adopter and adoptee. The Supreme Court reversed

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    100835 October 26, 1993


    Republic of the Philippines, petitioner,
    vs.
    The Honorable Court of Appeals and the Spouses James Anthony Hughes and Lenita
    Mabunay Hughes, respondents.
    Vitug, J.:

    FACTS:
    James Anthony Hughes, a natural born citizen of the USA, married Lenita Mabunay
    Hughes, a Filipino Citizen, who herself was later naturalized as a citizen of that country. On 29
    June 1990, the spouses jointly filed a petition with the RTC of Angeles City, Branch 60, to adopt
    Ma. Cecilia, Neil and Maria, all surnamed Mabunay, minor niece and nephews of 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 the adoption.
    On 29 November 1990, the RTC rendered a decision granting the petition. A petition for
    Review on Certiorari was filed with this Court, assailing the trial court's decision. This Court
    referred the case to the Court of Appeals which, on 09 July 1991, affirmed the trial court's
    decision.

    ISSUE: Whether or not the spouses are not qualified to adopt under Philippine Law. (YES)

    HELD:
    It is clear that James Anthony Hughes is not qualified to adopt. Executive Order No. 209,
    otherwise known as "The Family Code of the Philippines," is explicit.
    Art. 184. The following persons may not adopt :
    (1) The guardian with respect to the ward prior to the approval of the final accounts
    rendered upon the termination of their guardianship relation;
    (2) Any person who has been convicted of a crime involving moral turpitude;
    (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.
    Aliens not included in the foregoing exceptions may adopt Filipino children in
    accordance with the rules in inter-country adoption as may be provided by law.
    While James Anthony unquestionably is not permitted to x x x, 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.
    The respondent court, in affirming the grant of adoption by the lower court, has theorized
    that James Anthony should merely be considered a "nominal or formal party" in the proceedings.
    This view of the appellate court cannot be sustained. Adoption creates a status that is closely
    assimilated to legitimate paternity and filiation with corresponding rights and duties that
    necessarily flow from adoption, such as, but not necessarily confined to, the exercise of parental
    authority, use of surname of the adopter by the adopted, as well as support and successional
    rights. These are matters that obviously cannot be considered inconsequential to the parties.

    DISPOSITION:
    WHEREFORE, the petition is GRANTED and the decision of the respondent court is
    REVERSED and SET ASIDE. No costs.

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