REPUBLIC V COURT OF APPEALS and the SPOUSES JAMES AND

LENITA HUGHES
OCT 26, 1993 | VITUG, J

PROVISIONS
 Article 184 of FC: “The following persons may not adopt: xxx (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 spouses; (c) One who is married to a Filipino citizen and
seeks to adopt jointly with his or her spouse a relative by consanguinity
of the latter.”
 Article 185 of FC: “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.”
 Article 186 of FC: “In case husband and wife jointly adopt or one spouse
adopts the legitimate child of the other, joint parental authority shall be
exercised by the spouses in accordance with this Code.”

FACTS
 James Anthony Hughes is a US citizen. He married Lenita Mabunay
Hughes, a Filipino citizen who later naturalized as a US citizen. They
jointly filed for the adoption of Ma. Cecilia, Neil and Mario Mabunay who
were all minor niece and nephews of Lenita. They have been living with
the couple even before the filing of the petition for adoption.
 RTC granted the petition.
 Review for Certiorari was filed before the Court of Appeals which
affirmed the RTC decision.

ISSUES
WON the spouses may jointly adopt the children given that James Anthony
Hughes does not fall under the exceptions mentioned in Article 184 of the
Family Code – NO
Lenita may not adopt alone because of Article 185 of FC, a law which
must be read together with Article 184. The spouses may not adopt because
of the 3rd paragraph of Article 184 because James Anthony Hughes does not
fall within the exceptions mentioned therein.