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CaseDigest Brehm V Republic Ainna Macalos
CaseDigest Brehm V Republic Ainna Macalos
L18566)
FACTS
ISSUES
2. It was error for the court in adjudging the minor, Elizabeth Mira
to be the adopted child of the petitioner - Gilbert R. Brehm as
there is no question that the petitioner is a non-resident alien.
By his testimony, he supplied the conclusive proof of his status
here and no amount of reasoning will overcome the same. For
this reason, he is not qualified to adopt.
LAWS
Article 335 [4], New Civil Code; Sec. 2, Rule 100, Rules of Court: That
being a non-resident alien (Brehm), the court has no jurisdiction over
him.
Article 338 of the New Civil Code: Expressly authorizes the a adoption
of a step-child by a step-father
HOLDINGS