G.R. No. L-5387

Clyde McGee vs. Republic

G.R. No. L-5387

Facts:

Crisostomo has two minors from her previous marriage. Since the same has ceased because of the death of her first husband, she was allowed to be married to McGee. McGee is an American citizen and contracted marriage with Crisostomo by whom he has one child. He wanted to adopt his two minor children.

Issue:

WON it is legal and valid for McGee to adopt the two minor children of Crisostomo.

Held:

No, McGee cannot adopt the said children. According to Art 335 of the Civil Code, the following cannot adopt: those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction. Further, Art 338 of the same Code provides that the following may be adopted: a step-child, by the step-father or step-mother.

According to the rule of statutory construction, negative words and phrases are to be regarded as mandatory while those in the affirmative are merely directory. To this end, Art 335 means that a step-father who already has a child may not adopt a step-child regardless of the provisions of Art 338 of the same Code.