a collections of case digests and laws that can help aspiring law students to become a lawyer
REPUBLIC OF THE PHILIPPINES, Petitioner Vs.
CLAUDE A. MILLER and JUMRUS S. MILLER, Respondents
G.R. No. 125932
April 21, 1999
On July 29, 1988, the spouses Claude A. Miller and Jumrus S. Miller, filed with the Regional Trial Court, Branch 59, Angeles City, a verified petition to adopt the minor Michael Magno Madayag under the provision of Child and Youth Welfare Code which allows aliens to adopt. The natural parents executed affidavits giving their irrevocable consent to the adoption and the DSWD recommended approval of the petition on the basis of its evaluation. On August 3, 1998, the Family Code became effective, prohibiting the adoption of a Filipino child by aliens. The Solicitor General appealed to the granting of the petition for adoption by the RTC.
Whether or not the respondents are allowed to adopt when their petition was filed before the effectivity of the new Family Code which prohibits aliens from adopting.
Yes, Child and Youth Welfare Code should be followed, in which aliens are qualified for adoption, as when the petition was filed, respondents acquired a vested right to adopt that cannot be affected by the new code.