1. Maverick Pascua is an Overseas Filipino Worker (OFW) in the United States of America. He is employed by Ground Zero, Inc.

, a construction company registered under the laws of the United States, as one of its construction workers. After their work at the construction site was done, Maverick and his Filipino friends usually stayed at the Point-Point Pub, a beerhouse where many other OFWs hang out at night. 2. One cold December evening, Maverick took interest in the new lady bartender working at the pub, Charice Pampanga. Charice is also a Filipino citizen. Maverick introduced himself to Charice and because Maverick had a sense of humor, Charice immediately liked Maverick. That night, they had a quickie in the pubs comfort room. 3. A month later, Charice found out that she was pregnant so she contacted Maverick immediately. Maverick was willing to take responsibility for the child so Maverick and Charice got married at the Empire State Building solemnized by a justice of the peace in accordance with American law on Valentines Day. 4. The next day, Maverick went to work. Unfortunately, he fell from the 13 th floor of the building while working on the buildings elevator shaft. He died instantly. Charice was so devastated that she tried to intake abortive pills for several months. The fourth of July came and while the rest of America was busy preparing for Independence Day celebrations, Charice gave birth to a child named Piolo Pascua. However, Charice died a day after giving birth to Piolo primarily because of her weak health condition due to the abortive pills she took for several months. 5. As Piolo was considered as an American citizen by the US Department of Social Services, he was taken by the agency and the agency took care of him. During his stay at the Social Services, Piolo had a playmate named Sam Millbay. Sam was born in California and when he was only three months old, he was abandoned by his parents at the LAX and so Social Services also took him into custody. 6. Piolo and Sam grew close to one another and when they both reached the age of 25, they left Social Services and travelled together to France. Because of their deep love for one another, Piolo and Sam wanted to get married under the majestic Eiffel Tower. Piolo and Sam knew that they were allowed to marry under American law and have in fact satisfied all other requirements for capacity to marry. 7. Wearing their gold-laced tuxedos, Piolo and Sam went to the French Family Relations Office and asked for a justice of the peace to solemnize their marriage. However, they discovered that French law does not allow same-sex marriages. Piolo and Sam were nonetheless willing to push through with their dream wedding and so they asked their close friend, an American Protestant pastor,

who was staying in Paris for a religious mission, to solemnize their marriage instead. The pastor agreed, solemnized their marriage under the Eiffel Tower and issued them their marriage certificate. 8. Piolo and Sam headed back to America after their honeymoon in Paris. Upon reaching America, Piolo and Sam rented an apartment in New York. Piolo then devoted his time to photography and advertised his services to the public. Although Piolo does not have a regular salary out of photography, he gets an average of 6 clients per month, enough for him to raise money for his living expenses and Sams. During the peak months of June and December, he is able to get around 12 clients, enough for him to obtain good credit standing. On his third year of marriage with Sam, however, Piolo got himself in a huge debt after getting addicted in poker at the Las Vegas Casino. He has been able to pay his debts since then and he never gambled again. 9. On the other hand, Sam is employed as a theater actor in Broadway. He is the understudy for the role of Tony in the seminal and world-renown play, West Side Story and as understudy for the role of the Phantom in the inspiring tale, Phantom of the Opera. He is paid a hefty sum of money every time he goes onstage. In fact, he was able to buy a car after his first appearance, and obtain a car loan after his second appearance. However, Sam rarely goes onstage to act because as understudy, he only replaces the lead actor when the latter is not around. On average, he gets to appear only six times onstage every year. Thus, Sam usually stays at home and spends his spare time doing household chores. 10. Five years into their marriage, Piolo and Sam wanted to adopt a child. They researched about adoption laws and they discovered that American law allowed homosexual couples to adopt a child jointly. Piolo initially wanted to adopt a child from Ethiopia, following the footsteps of his favorite actress Angelina Jolie, but Sam disagreed because Sam did not want a colored child. Piolo thought that it was probably his best chance to reconnect to his Filipino roots so he talked to Sam and suggested that they adopt a Filipino child instead. Sam, not wanting to hurt Piolos feelings, agreed; although he thought at the back of his mind that Filipinos were colored too. 11. Piolo and Sam contacted the Central Authority for Inter-Country Adoption (CACIA) of America and signified their interest to adopt a Filipino child jointly. The CACIA first evaluated the eligibility of Piolo and Sam and declared them eligible to adopt. The CACIA communicated with the Philippine Inter-Country Adoption Board (ICAB) and the latter responded that an eleven-year old child named Enchong Bee, a resident of Makati City, Philippines, was up for adoption. 12. However, when the ICAB received the application of Piolo and Sam, and discovered their homosexual union, the ICAB immediately denied the application for joint adoption by Piolo and Sam on the ground that (1) Piolo and Sam were not validly married and therefore, joint adoption is not possible; and (2) even if

they were validly married, homosexual couples cannot adopt jointly a Filipino child under the Philippine Inter-Country Adoption Act. 13. Thinking that he would outsmart the ICAB, Piolo now filed an application to adopt Enchong in his individual capacity. He argues that he has dual citizenship and that in his capacity as Filipino, he meets all other requirements for eligibility to adopt. However, the ICAB still refused to process Piolos application on the ground that homosexuals will not be able to impart good moral values to the Filipino child because of their sexual orientation. 14. Unfazed, Piolo and Sam went to the Philippines and filed an application for joint inter-country adoption with the Regional Trial Court of Makati (RTC). In the application, Piolo and Sam indicated in their prayer that in the event that they not are allowed to adopt jointly, Piolo should be allowed to adopt in his individual capacity having met all the requirements under the American Inter-Country Adoption Act and was declared eligible to adopt by the CACIA. 15. Piolo and Sam also challenged the validity of the provisions of the Philippine Inter-Country Adoption Act which imposed additional requirements on the eligibility of aliens to adopt arguing that the Philippines, as signatory to the Hague Convention, can only set requirements for the adoptability of the child and not for the eligibility of parents to adopt. 16. The ICAB was summoned by the RTC. In its answer, the ICAB reiterated its previous stand, adding that adoption by Piolo and Sam jointly, or by Piolo in his individual capacity is neither in the best interest of the child. After hearing, the RTC of Makati ruled in this wise: WHEREFORE, the application for joint adoption of Enchong Bee by Piolo Pascua and Sam Millbay is hereby DENIED. The application for adoption by Pascua in his individual capacity is also hereby DENIED. SO ORDERED. 17. Piolo and Sam filed a petition for review on certiorari to the Supreme Court within the reglementary period raising the following questions of law: A. Whether the Philippines is without power to set requirements regarding the eligibility of the adopters to adopt under the Hague Convention; and B. Whether Piolo and Sam can jointly adopt a Filipino child; or in the alternative C. Whether Piolo can adopt a Filipino child in his individual capacity

Assume that the facts regarding the laws of USA and France are true. Assume that the procedure taken by Piolo and Sam from the ICAB and CACIA, through the Regional Trial Court and finally, to the Supreme Court, is correct. Do not add facts beyond those stated in this compromis. As counsel for the petitioners Piolo and Sam, prove that all the questions of law raised above should be resolved in the affirmative. As counsel for the Philippine ICAB, prove that all the questions of law raised above should be resolved in the negative.