Caraballo v.

Republic (1962)
Facts:
Ricardo R. Caraballo, an American citizen enlisted in the US Air
Force as staff sergeant and detailed in Clark Air Base, lived in
angeles, Pamapanga together with his wife, Graciela.
Having no children, they wanted to adopt Norma Lee Caber, the
5-day old natural daughter of one Mercedes Caber. It was shown
that they reared the child since birth and they developed a
fondness for her.
Caraballo filed a petition for adoption, but the Provincial and
Assistant Provincial Fiscal of Pampanga moved for the dismissal
of the petition for adoption on ground that it stated no cause of
action and that the Caraballo, being a non-resident alien, was
not qualified to adopt. Under Art. 335 of the Civil Code, NRAs
cannot adopt
Issue/s:
WON Caraballo and his wife can adopt Norma NO
Held:
A person is deemed a resident of a place in a country or state
where he has his abode and lives there permanently. It is a place
chosen by him freely and voluntarily, although he may later
change his mind and live elsewhere.
Actual or physical presence or stay of a person in a place, not of
his free and voluntary choice and without intent to remain there
indefinitely, does not make him a resident of the place.
Caballo, an American citizen who now lives in Clark Field, Angels,
Pampanga, Philippines, because of his assignment as staff
sergeant in the US Air Force his stay in the Philippine then
being temporary is a non-resident alien who is disqualified to
adopt a child in the Philippines.