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Malkinson vs. Agrava

IN RE: PETITION FOR ADOPTION OF THE MINOR LUIS ALBERTO MARTIN DE SANTOS, FREDERICK WILLIAM MALKINSON and ANA MARIE DE SANTOS MALKINSON, petitioners, vs. HON. CORAZON JULIANO AGRAVA, Judge of the JUVENILE & DOMESTIC RELATIONS COURT OF MANILA, respondents.

G.R. No. L-36309 | 1973-11-26

D E C I S I O N

 

TEEHANKEE, J:


In this appeal from the dismissal orders of the Juvenile & Domestic Relations Court of Manila, the Court, in reversing, reaffirms the established jurisprudence based on the plain language of the codal provision that alienage by itself does not disqualify a foreigner from adopting a Filipino child and that our Civil Code "only disqualifies from being adopters those aliens that are either (a) non-residents or (b) who are residents but the Republic of the Philippines has broken diplomatic relations with their government." Neither does our Civil Code require that both adopter and adopted be of...