1. In the Matter of the Adoption of Elizabeth Mira, Gilbert R. Brehm
and Ester Mira Brehm v. Republic (1963)
GR No. L-18566 | 30 Sept. 1963 | Mandatory or Prohibitory Laws | Pat
Petitioner: Gilbert R. Brehm and Ester Mira Brehm
Respondents: Republic of the Philippines
Recit-Ready Facts:
Gilbert Brehm, an American citizen temporarily assigned at Subic
Bay, married Ester Mira, a Filipina who already had a daughter
Elizabeth at the time of their marriage. Since then, Elizabeth had
always been under the care and support of Brehm. The couple
filed a joint petition for the adoption of Elizabeth, but this was
opposed by the Republic on the ground that Brehm had already
testified that he was merely a temporary resident of the
Philippines (by virtue of his tour with the Navy), which therefore
disqualified him from adopting Elizabeth under Art. 335 of the Civil
Code. The couple claimed that Art. 335 only applies in adoptions
which intended to establish filiation where none existed; for the
couple, there was already a relationship by affinity between
Brehm and Elizabeth and that under Art. 338, the step-father is
authorized to adopt the step-child. The court granted the petition
and the Solicitor General appealed. The issue is whether Brehm is
qualified to adopt Elizabeth. The Supreme Court ruled that Brehm
had supplied conclusive proof that he is a non-resident alien
(NRA), and as such, is not qualified to adopt under Art. 335 (4),
which states that NRAs cannot adopt. Even if Brehm is now
Elizabeth’s step-father, Art. 338 (3) stating that a step-child may
be adopted by the step-father/mother is merely a directory
statement that cannot prevail over the positive prohibition of Art.
335 (4).
Doctrine:
Article 5 of the Civil Code states that “[a]cts executed against the
provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.”
Application to the case:
In this case, Art. 335 (4) of the Civil Code is a mandatory provision
because it contains words of positive prohibition and is couched in
negative terms importing that the act required shall not be done.
On the other hand, Art. 338 (3) is merely directory, and can only
be given operation if it does not conflict with the mandatory
provisions of Art. 335. Since mandatory provisions prevail over
directory ones, the lower court’s granting of the petition, in
violation of the prohibition, is void.
FACTS:
1. Gilbert Brehm is an American citizen, serving the US Navy with
temporary assignment at Subic Bay. He married Ester Mira, a Filipina, in
1958. Mira had a daughter Elizabeth at the time that she married Brehm.
2. The couple resided in Intramuros and Elizabeth had always been under
the care and support of Brehm. The spouses filed a joint petition with the
Juvenile and Domestic Relations Court for the adoption of Elizabeth
(who was a minor at that time). They claimed that the both consented to
the adoption in order to promote the best interests of Elizabeth and to
give her a legitimate status.
3. The Republic opposed the petition with respect to Brehm, claiming that
Brehm had testified to the temporary nature of his residence in the
Philippines, which was effective only for the purposes of his tour of duty
with the Navy. This allegedly disqualified him from adopting Elizabeth
under Art. 335 of the Civil Code.
4. The couple countered that Art. 335 finds application in cases where the
adoption was intended to establish a relationship of paternity and
filiation where none existed, and not where the adopting parents are not
total strangers to the child. They claimed that adoption is allowed under
Art. 338, which expressly authorizes the adoption of a step-child by a
step-father.
5. The Juvenile and Domestic Relations Court granted the petition and
found that Brehm’s intention to permanently reside in the Philippines
had cured the legal defect. The Solicitor General appealed; hence this
matter before the Supreme Court.
ISSUE: W/N Brehm is qualified to adopt — NO
RATIO:
Brehm is not qualified to adopt because under Art. 335, non-resident
aliens cannot adopt.
1. By his own testimony, Brehm supplied conclusive proof of his status as
a non-resident alien. By virtue of such status, he is not qualified to adopt
 under Art. 335 (4) of the Civil Code, which states that non-
resident aliens cannot adopt.
2. While it is true that Art. 338 authorizes the step-father to adopt a
step-child, this provision must be construed in connection with
Art. 335. Art. 335 uses the phrasing, “The following cannot
adopt:” while Art. 338 states that “The following may be
adopted[.]”
3. Art. 335 is therefore mandatory because it contains words of
positive prohibition and is couched in the negative terms
importing that the act required shall not be done otherwise than
designated. On the other hand, Art. 338 is merely directory and
can only be given operation if the same does not conflict
with the mandatory provisions of Art. 335.

RULING
IN VIEW HEREOF, the decision appealed from, in so far as it affects the
petitioner Gilbert R. Brehm, is hereby REVERSED, and his petition to
adopt the child Elizabeth Mira, denied. Without costs.