FACTS:
Gilbert R. Brehm is an American citizen who is serving U.S Navy with the temporary Assignment at Subic Bay. He Married Ester Mira on October 9, 1958, who had a daughter Elizabeth Mira, by another man. After the marriage, the couple established residence at Intramuros, Manila, and the minor Elizabeth had been their care and support of Brehm.
On January 28, 1959, the spouses filed a joint petition with the Juvenile and Domestic Relations Court for the adoption of the minor Elizabeth.
An opposition to the petition was registered. It appears that Brehm residence in the Philippines was merely temporary thus disqualifying him from making an adoption because under the (Art. 335 [4]. New Civil Code ; Sec. 2 Rule 100, Rules of Court) and that being a non-resident alien , the court has no jurisdiction over him.
He argued that Article 335 of the New Civil code which prohibits to a non-resident alien to adopt was not applicable because it includes adoption only for the purposes of establishing a relationship of paternity and filiation, where non existed, but not where the adopting parents are not total strangers to the child. Brehm further argued that pursuant to Art 338 of the New Civil Code, expressly authorizes the adoption of a step-child by a step-father.
ISSUE:
Does Brehm have the rights to adopt his Step-child?
HELD:
No, because Brehm was a non-resident alien in the Philippines and cannot adopt anybody even his step-child.
Art. 335 No.4 of the Civil Code is mandatory because it contains words of positive prohibition and is couched in negative terms importing that the act required shall not be than otherwise than designated. On the other hand, Art.338, no.3 of the same code is merely directory, and can only be given operation if the same does not conflict with the mandatory provisions of said article.
PERSONS AND FAMILY RELATIONS 