S/SGT. JOSEPH K. KATANCIK, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

This is an appeal from the decision of the Court of First Instance
of Pampanga finding above petitioner-appellee qualified to adopt the
minor Joseph Agullo.

In a special proceeding for the adoption of the said minor, first
instituted August 13, 1958, in the Justice of the Peace Court of Clark
Field, Pampanga, which granted the petition, and later appealed to the
Court of First Instance which approved the grant, it appears that
petitioner, an American citizen, is a staff sergeant of the United
States Air Force at Clark Field, Pampanga. Assigned to the said air
base since September 11, 1957, he has been actually living with his
Filipina wife in such province. He has three more years of service
before final discharge, but he expects thereafter to be employed as a
civilian employee in the same Air Base under the Federal U. S. Civil
Service. He manifested his intention to reside in the Philippines
permanently.

A Catholic with no legitimate, legitimated or natural-children, he
seems to be physically, morally and financially fit to adopt the child,
Joseph Agullo. His wife has consented to the adoption.

Oppositor-appellant interposed this appeal on the ground that
petitioner-appellee’s stay in the Philippines being merely temporary,
conditioned on his assignment with the Air Forces at Clark Field, he is
a non-resident Alien and therefore, disqualified to adopt under Art.
335 of the Civil Code of the Philippines.

A case in point to this issue is that of “In the Matter of the Adoption of the minor Norma Lee Caber, Ricardo R. Caraballo vs.
Republic of the Philippines” (L-15080, April 25, 1962). As in the
present case, the petitioner for adoption therein was a staff sergeant
of the United States Air Force in Clark Field, married, without
children. He was also due for discharge after several years of service,
and intended to stay here permanently upon retirement from the U. S.
forces. After a brief discussion on the subject of his residence, we
came to the conclusion that because of his assignment as staff sergeant
in the United States Air Force, Ricardo R. Caraballo was a non-resident
alien, incapable of adopting a minor in this country.

In consonance with the above ruling, petitioner-appellee Joseph J.
Katancik must also be considered a non-resident’ alien and therefore
disqualified to adopt, under Philippine laws.

Wherefore, the decision appealed from is hereby reversed, and the petition for adoption denied. Costs against appellee.

Padilla, Labrador, Concepcion, Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.