Facts:

The case revolves around the adoption petition filed by Norman H. Ball, an American citizen residing in the Philippines, to adopt George William York, Jr., a minor born on February 29, 1948. The petition faced opposition from the Office of the Solicitor General. Following the necessary hearings, the Court of First Instance of Manila granted the adoption based on Article 338 of the Civil Code of the Philippines. The Solicitor General appealed this decision on October 21, 1951. George William York, Jr. is the son of George William York, Sr. and Sophie S. Farr, who divorced in 1944. After the divorce, the child remained under the care of his mother, Sophie. George William York, Sr. has since remarried and resides in San Francisco, California. Norman H. Ball married Sophie S. Farr on August 5, 1947, and they have a two-year-old daughter together, living at 168-D Balagtas Street, Manila. Sophie, the mother of George, consented to the adoption, and evidence presented indicated that...

Facts:

1. Parties Involved:

   • Petitioner/Appellee: Norman H. Ball, an American citizen residing in the Philippines.
   • Oppositor/Appellant: The Republic of the Philippines.
   • Minor Involved: George William York, Jr., born on February 29, 1948.

2. Background of the Minor:

   • George William York, Jr. is the son of George William York, Sr. and Sophie S. Farr, who divorced in 1944. After the divorce, the minor remained under the care of his mother.
   • George William York, Sr. is remarried and resides in San Francisco, California.

3. Petitioner’s Circumstances:

   • Norman H. Ball married Sophie S. Farr (the minor’s mother) on August 5, 1947. They have a two-year-old daughter together.
   • The family resides at Balagtas Street No. 168-D, Manila.
   • Sophie S. Farr consented to the adoption of her son by Norman H. Ball.
   • Norman H. Ball is financially capable of supporting and educating the minor.

4. Legal Proceedings:

   • Norman H. Ball filed a petition for the adoption of George William York, Jr. under Article 338 of the Civil Code of the Philippines.
   • The Solicitor General opposed the adoption, citing Article 335 of the Civil Code, which prohibits adoption by individuals with legitimate children.

Issue:

1. Whether Norman H. Ball, who has a legitimate child, can legally adopt George William York, Jr., his stepson, under Article 338 of the Civil Code.
2. Whether the word "may" in Article 338 is permissive or mandatory in allowing the adoption of a stepchild by a stepparent.
3. Whether the adoption of a stepchild by a stepparent with a legitimate child would create harmony or conflict within the family, particularly concerning inheritance rights.

Ruling:

The Supreme Court ruled in favor of the Republic of the Philippines and revoked the lower court’s decision granting the adoption. The Court held that Norman H. Ball, having a legitimate child, is prohibited from adopting George William York, Jr. under Article 335 of the Civil Code.

Ratio:

• (Unlock)