Brehm vs.

Republic
9 SCRA 172
September 30, 1963

Facts:
Gilbert Brehm was an American national serving under the U.S Navy in the
Philippines. Brehm contracted a marriage with Ester Mira, a Filipino, who then had a
daughter named Elizabeth. The spouses filed a joint petition with the Juvenile and
Domestic Relations Court for the adoption of Elizabeth to which an opposition was
registered. He argued that Article 335 of the New Civil Code, which prohibits a non-
resident alien to adopt was inapplicable because it covers adoption only for the
purpose of establishing a relationship of paternity and filiations where none existed,
but not where the adopting parents are not total strangers to the child.

Issue:
Whether or not Brehm had the right to adopt Elizabeth.

Held:
No, because Brehm was a non-resident alien in the Philippines and cannot
adopt anybody even his step-child. Article 338 should be construed in connection
with Article 335. Art. 335(4) of the Civil Code is mandatory because it contains
words of positive prohibition and is couched in negative terms importing that the
act required shall not be than otherwise than designated. On the other
hand, Art.338, no.3 of the same code is merely directory, and can only be given
operation if the same does not conflict with the mandatory provisions of said article.
Additionally, it is Article 335 that confers jurisdiction to the court over the case and
before Article 338 may or can be availed of, such jurisdiction must first be
established.