Republic Act 8552

SLIDE 1
An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino
Children and for other Purposes
Domestic Adoption Act of 1998

SLIDE 2
Adoption
A socio-legal process of providing a permanent family to a child whose parents have
voluntarily relinquished their parental authority over the child

SLIDE 3
It is a State Policy to:
Ensure that every child remains under the care and custody of his/her parents and
be provided with love, care, understanding and security towards the full and
harmonious development of his/her personality

In all matters relating to care, custody and adoption of a child, his/her interest shall
be the paramount consideration in accordance with the levels set forth in the UN
CRC and other international instruments. The state shall provide alternative
protection and assistance through foster care or adoption for every child who is
neglected, orphaned or abandoned

SLIDE4
It is a State Policy to:
Safeguard biological parents from making hurried decisions to relinquish his/her
parental authority over his/her child.

Prevent the child from unnecessary separation from his/her biological parents.

Protect adoptive parents from attempts to disturb his/her parental authority and
custody over his/her adopted child. Any voluntary or involuntary termination of
parental authority shall be administratively or judicially declared to establish the
status of child as legally available for adoption custody of child is transferred to
DSWD or to any licensed CCA/CPA which shall be authorized to do permanent
placement of child.

SLIDE 5

It is a State Policy to:

Ensure sufficient capacity exists within government and private agencies to handle
adoption inquiries, applications and adoption related services.

Encourage domestic adoption to preserve childs identity and culture and to

consider ICA as a last resort

SLIDE 6
Salient Features of RA 8552

SLIDE 7
Pre-Adoption Services
1.1. Biological Parent(s)
- counseling services
- ensure that no hurried decision is made
- 6 months to reconsider decision to relinquish child
1.2. Prospective Adoptive Parent(s)
- counseling sessions
- attendance to adoption fora and seminars
(certificate of attendance)
1.3. Prospective Adoptee counseling sessions To understand nature and effects of
adoption To express views on adoption

SLIDE 8
1.3. Prospective Adoptee
- Counseling sessions to understand
express views on adoption

nature and effects of adoption and to

SLIDE 9
Pre-Adoption Services
1.3. Prospective Adoptee
-Counseling sessions
-To understand nature and effects of adoption
-To express views on adoption
SLIDE 10

An Alien possessing all the qualifications stated for Filipino nationals may
adopt(Sec.7)
- His/her country has diplomatic relations with the Philippines
- Has been living in the Philippines for at least 3 continuous years prior to
filing of application for adoption
- Maintains such residence until the adoption decree is entered Has been
certified by his/her diplomatic or consular office or any appropriate agency that
he/she has legal capacity to adopt in his/her country His/her government allows the
adoptee to enter his/her country as his/her adopted child

SLIDE 11
Requirements on residency may be waived for the following reasons:
A former Filipino citizen who seeks to adopt a relative within the 4th degree of
consanguinity or affinity; or
One who seeks to adopt the legitimate child of his/her spouse; or
One who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the 4th degree of consanguinity or affinity of the Filipino
spouse.

SLIDE 12
Benefits of Adoption
The adoptive parents shall, with respect to the adopted child, enjoy all the benefits
to which biological parents are entitled. Maternity and paternity benefits and other
benefits given to biological parents upon the birth of a child shall be enjoyed if the
adoptee is below seven (7) years of age as of the date the child is placed with the
adoptive parents thru the Pre-Adoptive Placement Authority (PAPA) issued by the
Department.

SLIDE 13
Succession
In legal and interstate succession, the adopters and the adoptee shall have
reciprocal rights of succession without distinction from legitimate filiations.

However, if the adoptee and his/her biological parent(s) had left a will, the
law or testamentary succession will govern.

Grounds for Rescission of Adoption

SLIDE 14
An adoptee shall not be subject to rescission by adopter(s). However, the
adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil
Code.

SLIDE 15
Grounds for Rescission of Adoption
The adoptee, if minor or over 18 but is incapacitated with the assistance of DSWD
or a guardian may be rescinded on the following grounds committed by the
adopter(s)

repeated physical and verbal maltreatment by the adopters despite having

undergone counseling
attempt on the life of the adoptee
sexual assault or violence
abandonment and failure to comply with parental obligations.

SLIDE16

Post Adoption Services

These shall be made available to the adoptee, adopter and the biological
parents by the DSWD, LGU, CC/CPAs:

counseling services
tracing of roots
other issues on adoption

SLIDE 17
Creation of the Adoption Resource and Reference Office (ARRO)
Under the supervision of the DSWD Central Office and Regional Director

Central Office ARRO PMB

Field Office ARRU

Regional Director
SLIDE 18
Functions

monitor the existence, number and flow of children legally available for
adoption and prospective adopter(s), so as to facilitate their matching

maintain a nationwide/regional information and educational campaign on

domestic adoption

keep records of adoption proceedings

generate resources to help child-caring and child-placing agencies and

maintain viability;

do policy research in collaboration with the Intercountry Adoption Board and

other concerned agencies;

and acts as the Secretariat to the Child Welfare Specialist Group (CWSG)
during interregional/ regional matching conferences.

SLIDE 19
Rectification of Simulated Births

Prior to effectivity of law (March 18, 1998) those who simulated the birth of a
child shall not be punished provided that:
it was made for the best interest of the child
Child was considered and treated by the person as his/her own son/ daughter
It was filed within 5 years from effectivity of the Act. (Amnesty ended March
18, 2003)

Procedures in Art. IV of the Act and other requirements are followed

SLIDE 20
Violations and Penalties
o
o

Imprisonment ranging from 6 years and 1 day to 12 years

And/or a fine not less than P50,000.00 but not more than P200,000.00 at the
discretion of the court shall be imposed on any person who shall commit the
following acts:
obtaining consent for an adoption through coercion, under
influence, fraud, improper inducement or other similar acts;
non-compliance with the procedure and safeguards provided by
law for adoption; or
subjecting or exposing the child to be adopted to danger, abuse
or exploitation.

SLIDE 21
Causing the fictitious registration of the birth of a child under the names of persons
who is/are not the childs biological parents shall be guilty of simulation of birth

Penalty: fine not exceeding P50,000.00 prison major/medium period

SLIDE 22 Types of Adoption

SLIDE 23
Agency Adoption

is when a licensed adoption agency finds and develops adoptive families for
children who are voluntarily or involuntarily committed. The adoptive families go
through the process from application to finalization of the childs adoption under the
auspices of the Department of Social Welfare and Development or a licensed childplacing agency
SLIDE 24
Direct / Independent Placement Adoption
is when the biological parents make a direct placement of the child either to a
relative, a member of their family, or a friend/non-relative with whom they
relinquish their child.

SLIDE 25
Effects of Adoption
1. Sever legal ties between the biological parent(s) and the adoptee, except when
the biological parents is the spouse of the adopter;
2. Deem adoptee as a legitimate child of the adopter;
3. Give the adopter and adoptee equal rights and obligations arising from the
relationship of parents and child, including but not limited to:
the right of the adopter to choose the name the child is to be known;
the rights of the adopter & adoptee to be legal and compulsory heirs of each other.

SLIDE 26
Who may be adopted?
SLIDE 27
Who may be adopted :
1. Any person below (18) years of age who has been administratively or judicially
declared available for adoption in accordance with the procedures as indicated in
Articles 142 to 155 of PD 603: The Child & Youth Welfare Code;

2. The legitimate son/daughter of one spouse by the other spouse;

3. An illegitimate son/daughter by a qualified adopter to improve his/her status to
that of legitimacy

SLIDE 28
Who may be adopted :
4. A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority;
5. A child whose adoption has been previously rescinded;

6. A child whose biological or adoptive parent(s) has died: Provided, That no

proceedings shall be initiated within six (6) months from the time of death of said
parent(s).

SLIDE 29 Who may adopt?

SLIDE 30 Who may adopt:
1. Is of legal age
2. Is at least sixteen (16) years older than the adoptee; Provided, however that the
minimum age gap between the adopter and adoptee may not be required if the
adopter is the biological parent or sibling of the adoptee or the spouse of the
adoptees parent;
3.
Has the capacity to act and assume all the rights and duties incident to the
exercise of parental authority
4.
Is of good moral character and has not been convicted of any crime involving
moral turpitude

SLIDE 31
Who may adopt:
5. Is in position to support, educate and care for his/her legitimate and
illegitimate children and the child to be adopted in keeping with the means of the
family;

SLIDE 32
Who may adopt:
Has undergone pre-adoption services as required in Section 4 of the Act. In addition
to these qualifications, an alien may adopt if he/she:
Is a citizen of a state which has diplomatic relations with the Philippines;

Has been certified by his/her diplomatic or consular office or any appropriate

agency that: He/she is qualified to adopt in his/her country; and His/her government
will allow the adoptee to enter the adopters country and reside there permanently
as an adopted child;

Has submitted the necessary & such other certifications as may be required by the
Department.

SLIDE 33
Documents needed :
For the prospective adoptive parents)
1. Authenticated birth certificate
2. Marriage contract or divorce, annulment, declaration of nullity or legal separation
documents
3. Written consent to the adoption of the legitimate, adopted or illegitimate children
living with the applicant who are aged 10 years old and above

4. Physical and medical evaluation from a duly licensed physician; psychological

evaluation, if necessary.
5. NBI/Police clearance
6. Latest Income Tax
7. Three (3) character reference
8. 3 x 5 picture
9. Certificate of attendance to adoption for a
10. Home Study Report

SLIDE 34
Documents needed :
For the prospective adoptive child

1. Authenticated birth certificate or foundling certificate

2. Written consent to adoption by the biological parent/s or the legal guardian

3. Written consent of the child if at least 10 years old

4. Death certificate of biological parents,
5. Decree of Abandonment or Deed of Voluntary Commitment, as appropriate
Medical Evaluation of the child and his/her parents, if available Psychological
Evaluation
6. Picture of the child
7. Case study report

SLIDE 35

Domestic Adoption Process

1. Attendance to adoption fora / seminar
2.
3.
4.
5.
6.
7.

Application
Preparation of homestudy report
Approval / disapproval of application
Matching or family selection
Pre-placement of child with the PAP
Placement Supervised trial custody

8.Domestic Adoption Process

SLIDE 36
9. Finalization of Childs adoption
- Issuance of the consent to adoption
- Preparation and filing of petition for
- Social case study report
- Court hearing on the petition
10. Issuance of the Adoption Decree
11. Issuance of Amended Birth Certificate
12. Issuance of a Certificate of Finality
13. Provision of Post adoptive services
SLIDE 37 CASES

SLIDE 38

LAHOM VS SIBULO
G.R. No. 143989 July 14, 2003
FACTS:

adoption

A childless couple adopted the wife's nephew and brought him up as their own. In
1972, the trial court granted the petition for adoption, and ordered the Civil
Registrar to change the name Jose Melvin Sibulo to Jose Melvin Lahom. Mrs. Lahom
commenced a petition to rescind the decree of adoption, in which she averred, that,
despite the her pleas and that of her husband, their adopted son refused to use
their surname Lahom and continue to use Sibulo in all his dealing and activities.
Prior to the institution of the case, in 1998, RA No. 8552 went into effect. The new
statute deleted from the law the right of adopters to rescind a decree of adoption
(Section 19 of Article VI).

SLIDE 39
These turn of events revealing Jose's callous indifference, ingratitude and lack of
care and concern prompted Lahom to file a petition in Court in December 1999 to
rescind the decree of adoption previously issued way back on May 5, 1972. When
Lahom filed said petition there was already a new law on adoption, specifically R.A.
8552 also known as the Domestic Adoption Act passed on March 22,1998, wherein it
was provided that: "Adoption, being in the interest of the child, shall not be subject
to rescission by the adopter(s). However the adopter(s) may disinherit the adoptee
for causes provided in Article 919 of the Civil Code" (Section 19).

SLIDE 40
ISSUE:
Whether or not the subject adoption still be revoked or rescinded by an adopter
after the effectivity of R.A. No. 8552, and if in the affirmative, whether or not the
adopters action prescribed.

SLIDE 41
RULING:
Jurisdiction of the court is determined by the statute in force at the time of the
commencement of the action. The controversy should be resolved in the light of the
law governing at the time the petition was filed. In this case, it was months after the
effectivity of RA 8552 that Lahom filed an action to revoke the decree of adoption
granted in 1972. By then the new law had already abrogated and repealed the right
of the adopter under the Civil Code and the family Code to rescind a decree of

adoption. So the rescission of the adoption decree, having been initiated by Lahom
after RA 8552 had come into force, could no longer be pursued.

SLIDE 42
Besides, even before the passage of RA8552, an action to set aside the adoption is
subject to the five year bar rule under Rule 100 of the Rules of Court and that the
adopter would lose the right to revoke the adoption decree after the lapse of that
period. The exercise of the right within a prescriptive period is a condition that could
not fulfill the requirements of a vested right entitled to protection. Rights are
considered vested when the right to the enjoyment is a present interest, absolute,
unconditional and perfect or fixed and irrefutable. The concept of a "vested right" is
a consequence of the constitutional guarantee of due process that expresses a
present fixed interest which in right reason and natural justice is protected against
arbitrary state action.

SLIDE 43
Landingin vs. Republic, GR No. 164948, June 27, 2006
Facts:
Diwata Ramos Landingin, a US citizen of Filipino parentage filed a petition for the
adoption of 3 minors, natural children of Manuel Ramos, the formers brother, and
Amelia Ramos. She alleged in her petition that when her brother died, the children
were left to their paternal grandmother for their biological mother went to Italy, remarried there and now has 2 children by her second marriage and no longer
communicates from the time she left up to the institution of the adoption. After the
paternal grandmother passed away, the minors were being supported by the
petitioner and her children abroad and gave their written consent for their adoption.

SLIDE 44
A Social Worker of the DSWD submitted a Report recommending for the adoption
and narrated that Amelia, the biological mother was consulted with the adoption
plan and after weighing the benefits of adoption to her children, she voluntarily
consented.
However, petitioner failed to present the said social worker as witness and offer in
evidence the voluntary consent of Amelia Ramos to the adoption. Petitioner also
failed to present any documentary evidence to prove that Amelia assent to the
adoption.

SLIDE 45
Held: No. Section 9, par (b) of RA 8552, provides that the consent of the biological
parent(s) of the child, if known is necessary to the adoption. The written consent of
the legal guardian will suffice if the written consent of the biological parents cannot
be obtained.
The general requirement of consent and notice to the natural parents is intended to
protect the natural parental relationship from unwarranted interference by
interlopers, and to insure the opportunity to safeguard the best interests of the child
in the manner of the proposed adoption
SLIDE 46
The written consent of the biological parents is indispensable for the validity of the
decree of adoption. Indeed, the natural right of a parent to his child requires that his
consent must be obtained before his parental rights and duties may be terminated
and re-establish in adoptive parents. In this case, petitioner failed to submit the
written consent of Amelia Ramos to the adoption.

SLIDE 47
Moreover, abandonment means neglect and refusal to perform the filial and legal
obligations of love and support. Merely permitting the child to remain for a time
undisturbed in the care of others is not such abandonment. To dispense with the
requirements of consent, the abandonment must be shown to have existed at the
time of adoption.

SLIDE 48
Philippines vs. Toledano
G.R. No. 94147 June 8, 1994
The point of contention in this case, mandatory joint adoption by both husband and
wife under Article 185 of the Family Code, has been carried over to RA 8552,
specifically, Section 7.

On February 21, 1990, in a verified petition filed before the Regional Trial Court of
Iba, Zambales, private respondents spouses Clouse sought to adopt the minor,

Solomon Joseph Alcala, the younger brother of private respondent Evelyn A. Clouse.
In an Order issued on March 12, 1990, the petition was set for hearing on April 18,
1990. The said Order was published in a newspaper of general circulation in the
province of Zambales and City of Olongapo for three (3) consecutive weeks.

SLIDE 49
The principal evidence disclose that private respondent Alvin A. Clouse is a natural
born citizen of the United States of America. He married Evelyn, a Filipino on June 4,
1981 at Olongapo City. On August 19, 1988, Evelyn became a naturalized citizen of
the United States of America in Guam. They are physically, mentally, morally, and
financially capable of adopting Solomon, a twelve (12) year old minor.

SLIDE 50
Since 1981 to 1984, then from November 2, 1989 up to the present, Solomon
Joseph Alcala was and has been under the care and custody of private respondents.
Solomon gave his consent to the adoption. His mother, Nery Alcala, a widow,
likewise consented to the adoption due to poverty and inability to support and
educate her son.Mrs. Nila Corazon Pronda, the social worker assigned to conduct
the Home and Child Study, favorably recommended the granting of the petition for
adoption.

SLIDE 51
The Court dissolves parental authority bestowed upon his natural parents and vests
parental authority to the herein petitioners and makes him their legal heir. Pursuant
to Article 36 of P.D. 603 as amended, the decree of adoption shall be effective as of
the date when the petition was filed. In accordance with Article 53 of the same
decree, let this decree of adoption be recorded in the corresponding government
agency, particularly the Office of the Local Civil Registrar of Merida, Leyte where the
minor was born. The said office of the Local Civil Registrar is hereby directed to
issue an amended certificate of live birth to the minor adopted by the petitioners.

SLIDE 52
The ruling of the Supreme Court

Under Articles 184 and 185 of Executive Order (E.O.) No. 209, otherwise known as
The Family Code of the Philippines, private respondents spouses Clouse are
clearly barred from adopting Solomon Joseph Alcala.

Article 184, paragraph (3) of Executive Order No. 209 expressly enumerates the
persons who are not qualified to adopt, viz.:
(3) An alien, except:

(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.Aliens not included in the foregoing
exceptions may adopt Filipino children in accordance with the rules on inter-country
adoption as may be provided by law.

SLIDE 53
There can be no question that private respondent Alvin A. Clouse is not qualified to
adopt Solomon Joseph Alcala under any of the exceptional cases in the aforequoted
provision.
In the first place, he is not a former Filipino citizen but a natural born citizen of the
United States of America.
In the second place, Solomon Joseph Alcala is neither his relative by consanguinity
nor the legitimate child of his spouse.
SLIDE 54
In the third place, when private respondents spouses Clouse jointly filed the petition
to adopt Solomon Joseph Alcala on February 21, 1990, private respondent Evelyn A.
Clouse was no longer a Filipino citizen. She lost her Filipino citizenship when she was
naturalized as a citizen of the United States in 1988.

Private respondent Evelyn A. Clouse, on the other hand, may appear to qualify
pursuant to paragraph 3(a) of Article 184 of E.O. 209. She was a former Filipino
citizen. She sought to adopt her younger brother. Unfortunately, the petition for
adoption cannot be granted in her favor alone without violating Article 185 which
mandates a joint adoption by the husband and wife. It reads:

SLIDE 55
Article 185. Husband and wife must jointly adopt, except in the following cases:

(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other.

Article 185 requires a joint adoption by the husband and wife, a condition that must
be read along together with Article 184.
As you can read, the Supreme Court ruled that the adoption must be filed jointly by
husband and wife, unless they fall under the exceptions. Also, when adopting
jointly, each one of them must be qualified to adopt on his own right.

SLIDE 56
In Re Petition for Adoption of
Michelle Lim and Michael Lim
G.R. Nos. 168992-93, May 21, 2009

FACTS:
Spouses Monina P. Lim and Primo Lim were childless. Subsequently, two minor
children, whose parents were unknown, were entrusted to them by a certain Lucia

Ayuban. Being so eager to have children of their own, Monina and Primo registered
the children to make it appear that they were the childrens parents. The children
were named Michelle P. Lim and Michael Jude P. Lim. The spouses reared and cared
for the children as if they were their own. Unfortunately, in 1998, Primo died. On 27
December 2000, Monina married Angel Olario, an American citizen.
SLIDE 57
Monina decided to adopt the children by availing of the amnesty given under RA
8552 to individuals who simulated the birth of a child. In 2002, she filed separate
petitions for adoption of Michelle and Michael before the trial court. Michelle was
then 25 years old and already married and Michael was 18 years and 7 months old.
Michelle and her husband, Michael and Olario gave their consent to the adoption as
evidenced by their Affidavits of Consent

On 15 September 2004, the trial court rendered judgment dismissing the petitions.
The trial court ruled that since Monina had remarried, she should have filed the
petition jointly with her new husband.
SLIDE 58
Monina appealed contending that the rule on joint adoption must be relaxed
because it is the duty of the court and the State to protect the paramount interest
and welfare of the child to be adopted. Petitioner argued that the legal maxim dura
lex sed lex is not applicable to adoption cases. She argued that joint parental
authority is not necessary in this case since, at the time the petitions were filed,
Michelle was 25 years old and already married, while Michael was already 18 years
of age. Parental authority is not anymore necessary since they have been
emancipated having attained the age of majority.

SLIDE 59
ISSUE:
1. Whether or not petitioner, who has remarried, can singly adopt

SLIDE 60

HELD:

1. No. The law is explicit. Husband and wife shall jointly adopt except in the
following cases:

(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
however, That the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other, which was not present in
the case at bar. (Section 7, Article III of RA 8552)
SLIDE 61
The use of the word shall means that joint adoption by the husband and the wife
is mandatory. This is in consonance with the concept of joint parental authority over
the child which is the ideal situation. As the child to be adopted is elevated to the
level of a legitimate child, it is but natural to require the spouses to adopt jointly.
The rule also insures harmony between the spouses. Since the petitions for adoption
were filed only by petitioner herself, without joining her husband, Olario, the trial
court was correct in denying the petitions for adoption on this ground.

Neither does petitioner fall under any of the three exceptions enumerated in Section
7. First, the children to be adopted are not the legitimate children of petitioner or of
her husband Olario. Second, the children are not the illegitimate children of
petitioner. And third, petitioner and Olario are not legally separated from each other.