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    089 - Republic v. CA (1993)

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    Migs Raymundo
    The Supreme Court reversed the lower courts' granting of a petition for adoption filed jointly by James and Lenita Hughes. While Lenita, a naturalized US citizen of Filipino descent, was qualified to adopt her Filipino nieces and nephews, James, a natural born US citizen, was not qualified under Philippine law which only allows aliens to adopt jointly with their Filipino spouse. The Court ruled that Article 185 requires mandatory joint adoption by both spouses, so despite Lenita's qualification, the adoption petition had to be denied as James did not meet any of the exceptions allowing alien adoption.

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    089 - Republic v. CA (1993)

    Uploaded by

    Migs Raymundo
    37 views1 page
    The Supreme Court reversed the lower courts' granting of a petition for adoption filed jointly by James and Lenita Hughes. While Lenita, a naturalized US citizen of Filipino descent, was qualified to adopt her Filipino nieces and nephews, James, a natural born US citizen, was not qualified under Philippine law which only allows aliens to adopt jointly with their Filipino spouse. The Court ruled that Article 185 requires mandatory joint adoption by both spouses, so despite Lenita's qualification, the adoption petition had to be denied as James did not meet any of the exceptions allowing alien adoption.

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    The Supreme Court reversed the lower courts' granting of a petition for adoption filed jointly by James and Lenita Hughes. While Lenita, a naturalized US citizen of Filipino descent, was qualified to adopt her Filipino nieces and nephews, James, a natural born US citizen, was not qualified under Philippine law which only allows aliens to adopt jointly with their Filipino spouse. The Court ruled that Article 185 requires mandatory joint adoption by both spouses, so despite Lenita's qualification, the adoption petition had to be denied as James did not meet any of the exceptions allowing alien adoption.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views1 page

    089 - Republic v. CA (1993)

    Uploaded by

    Migs Raymundo
    The Supreme Court reversed the lower courts' granting of a petition for adoption filed jointly by James and Lenita Hughes. While Lenita, a naturalized US citizen of Filipino descent, was qualified to adopt her Filipino nieces and nephews, James, a natural born US citizen, was not qualified under Philippine law which only allows aliens to adopt jointly with their Filipino spouse. The Court ruled that Article 185 requires mandatory joint adoption by both spouses, so despite Lenita's qualification, the adoption petition had to be denied as James did not meet any of the exceptions allowing alien adoption.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    REPUBLIC v.

    CA, SPOUSES HUGHES the wife, a condition that must be read along together with
    October 26, 1993 | Vitug, J. | Article 184.
    Digester: Tan, Raya Grace  Adoption creates a status that is closely assimilated to legitimate paternity and
    filiation with corresponding rights and duties that necessarily flow from
    SUMMARY: James Hughes, a natural born citizen of the USA, married Lenita adoption, such as, but not necessarily confined to, the exercise of parental
    Hughes, a Filipino citizen who was later naturalized as a citizen of the USA. The authority, use of surname of the adopter by the adopted, as well as support and
    jointly filed a petition to adopt minor nieces and nephews of Lenita. RTC and CA successional rights. These are matters that obviously cannot be considered
    granted the petition. SC reversed because although Lenita is qualified to adopt, inconsequential to the parties.
    James is not; and it is mandatory that spouses adopt jointly.  We are not unmindful of the possible benefits that an adoption can bring not so
    DOCTRINE: Article 185 requires a joint adoption by the husband and the wife, a much for the prospective adopting parents as for the adopted children
    condition that must be read along together with Article 184 (persons who may not themselves. We also realize that in proceedings of this nature, paramount
    adopt). consideration is given to the physical, moral, social and intellectual welfare of
    the adopted for whom the law on adoption has in the first place been designed.
    FACTS: When, however, the law is clear and no other choice is given, we must obey
     James Hughes, a natural born citizen of the USA, married Lenita Hughes, a its full mandate.
    Filipino citizen who was later naturalized as a citizen of the USA.
     June 29, 1990, the spouses jointly filed a petition to adopt Ma. Cecilia, Neil and NOTES:
    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.
     RTC granted the petition.
     CA affirmed.

    RULING: Reversed.

    WoN the lower court erred in granting the petition for adoption of Sps. Hughes
    because they are not qualified to adopt under Philippine Law – YES.
     Art 184 FC - The following persons may not adopt:
    (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 intercountry adoption as may be provided by law.
    o SC: While James Hughes unquestionably is not permitted to
    adopt under any of the exceptional cases enumerated, Lenita
    can qualify pursuant to para (3)(a).
     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.
    o SC: Despite Lenita’s qualification, she may not adopt alone
    since Article 185 requires a joint adoption by the husband and

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