RENATO LAZATIN alias RENATO STA.

CLARA, petitioner,
vs.
HONORABLE JUDGE JOSE C. CAMPOS, JR., NORA L. DE LEON, BERNARDO DE
LEON, ARLENE DE LEON and IRMA L. VELOSO, respondents.

FACTS:

On January 13, 1974, Dr. Mariano M. Lazatin diamond intestate in Pasay City, survived by his
wife, Margarita de Asis, and his adopted twin daughters, respondent Nora L. de Leon, married
to respondent Bernardo de Leon, and respondent Irma Lazatin, married to Francisco Veloso.

One month after Mariano's death, his widow, Margarita de Asis, commenced an intestate
proceeding before the Court of First Instance. Mariano, Oscar, Virgilio and Yvonne, claiming
to be admitted illegitimate (not natural) children of Dr. Lazatin with one Helen Munoz,
intervened. Subsequently, one Lily Lazatin also intervened, claiming to be another admitted
illegitimate (not natural) child.

Two months after, the widow, Margarita de Asis, also died leaving a holographic will providing,
among others, for a legacy of cash, jewelry, and stocks to respondent Arlene de Leon, a
granddaughter; a legacy of support to Rodolfo Gallardo, a son of her late sister; and a legacy
of education to Ramon Sta. Clara, son of petitioner Renato Lazatin alias Renato Sta. Clara.

Renato Lazatin filed a motion to intervene in the estate of Margarita de Asis, as an adopted
child, on the basis of an affidavit executed by Benjamin Lazatin, brother of the deceased Dr.
Mariano M. Lazatin, the petitioner was an "illegitimate son" of Dr. Lazatin and was later
adopted by him. This affidavit was later modified to state that petitioner was adopted by both
Mariano M. Lazatin and his wife Margarita de Asis.

Respondent court heard petitioner's motion to intervene as an adopted son in the estate of
Margarita de Asis at which hearings petitioner presented no decree of adoption in his favor.
Instead, petitioner attempted to prove, over private respondents' objections, that he had
recognized the deceased spouses as his parents; he had been supported by them until their
death; formerly he was known as "Renato Lazatin" but was compelled to change his surname
to "Sta. Clara" when the deceased spouses refused to give consent to his marriage to his
present wife; that at first, he and his wife stayed at the residence of Engracio de Asis, father of
Margarita, but a few months later, they transferred to the Mercy Hospital at Taft Avenue,
Manila, owned by the deceased spouses, where they continuously resided up to the present.
Photographs were also intended to be presented by petitioner, e.g., photograph of Irma
Veloso where she addressed herself as sister of petitioner; photograph of deceased Margarita
de Asis and petitioner when he was a boy; document showing that petitioners real name is
"Renato Lazatin."

Later, respondent court barred the introduction of petitioner's evidence because all the
evidence submitted by Renato and Ramon Sta. Clara through their counsel do not prove or
have no tendency to prove the existence of any judicial proceeding where the adoption of the
parties above named were taken up by any court. Neither do the evidence tend to establish
the presence of any record of a proceeding in court where the adoption of the above named
persons was held. The evidence, however, tends to prove a status of a recognized natural
child which, however, is not the legal basis for which Renato and Ramon seek to intervene in
this proceedings. In view thereof, and taking into consideration the evidence heretofore
presented by the petitioners, any further introduction of similar evidence, documentary or oral,
would not prove or tend to prove the fact of their adoption but rather of a recognized natural
child.

Respondent court then ruled that as far as the case of Renato Sta. Clara is his Petition to
establish his status as an adopted child, The Court has ruled that he has failed to establish
such status.
ISSUE: Whether or not the evidence presented is enough proof that Renato Sta. Clara is an
adopted child of spouses Lizatin.

RULING: No.

Adoption is a juridical act, a proceeding in rem which creates between two persons a
relationship similar to that which results from legitimate paternity and filiation. Only an
adoption made through the court, or in pursuance with the procedure laid down under Rule 99
of the Rules of Court is valid in this jurisdiction. It is not of natural law at all, but is wholly and
entirely artificial. To establish the relation, the statutory requirements must be strictly carried
out otherwise, the adoption is an absolute nullity. The fact of adoption is never presumed, but
must be affirmatively proved by the person claiming its existence. The absence of a record of
adoption has been said to evolve a presumption of its non-existence. Where, under the
provisions of the statute, an adoption is effected by a court order, the records of such court
constitute the evidence by which such adoption may be established.

Petitioner's flow of evidence in the case below does not lead us to any proof of judicial
adoption. Petitioner's proofs do not show or tend to show that at one time or another a
specific court of competent jurisdiction rendered in an adoption proceeding initiated by the
late spouses an order approving his adoption as a child of the latter. By what particular court
was the adoption decreed or by whom was the petition heard, petitioner does not even
manifest, much less show. There are no witnesses cited to that adoption proceeding or to the
adoption decree. Apparently on the assumption that the adoption was commenced in Manila,
petitioner's counsel secured a certification from the Court of first Instance of Manila which,
however, negatively reported "(T)hat among the salvaged records now available in this Office,
there has not been found, after a diligent search, any record regarding the adoption of Mr.
Renato Lazatin alias Renato Sta. Clara allegedly filed sometime in the years 1928 to 1931 by
the spouses Dr. Mariano M. Lazatin and Margarita de Asis Lazatin." The certification of the
Local Civil Registrar of Manila "(T)hat our pre-war records relative to decisions of the Court of
First Instance were either destroyed or burned during the Liberation of the City of Manila,"
does not furnish any legal basis for a presumption of adoption in favor of petitioner. This is
because there was no proof that petitioner was really adopted in Manila or that an adoption
petition was filed in the Court of first Instance of Manila by the deceased spouses, where,
after hearing, a judgment of approval was rendered by said court. Moreover, if there was
really such adoption, petitioner could have conveniently secured a copy of the newpaper
publication of the adoption as required under Section 4, Rule 99 of the Rules of Court
(formerly Section 4, Rule 100) or a certification of the publishing house to that effect.
Petitioner's failure on this point is another strong indication of the non-existence of the one
who gave the written consent of the non-existence of the adoption paper.

The absence of proof of such order of adoption by the court, as provided by the statute,
cannot be substituted by parole evidence that a child has lived with a person, not his parent,
and has been treated as a child to establish such adoption. Even evidence of declaration of
the deceased, made in his lifetime, that he intended to adopt a child as his heir, and that he
had adopted him, and of the fact that the child resided with the deceased, as a member of his
family, from infancy until he attained his majority, is not sufficient to establish the fact of
adoption. Nor does the fact that the deceased spouses fed, clothed, educated, recognized
and referred to one like petitioner as an adopted child, recognized and referred to one like
petitioner as an adopted child, necessarily establish adoption of the child. Withal, the attempts
of petitioner to prove his adoption by acts and declarations of the deceased do not discharge
the mandatory presentation of the judicial decree of adoption. The thrust of petitioner's
evidence is rather to establish his status as an admitted illegitimate child, not an adopted child
which status of an admitted illegitimate child was the very basis of his petitioner for
intervention in the estate proceedings of the late Dr. Lazatin, as above stated.

Secondary evidence is nonetheless admissible where the records of adoption proceedings

were actually lost or destroyed. But, prior to the introduction of such secondary evidence, the
proponent must establish the former existence of the instrument. The correct order of proof is
as follows: Existence; execution; loss; contents; although this order may be changed if
necessary in the discretion of the court. The sufficiency of the proof offered as a predicate for
the admission of an alleged lost deed lies within the judicial discretion of the trial court under
all the circumstances of the particular case. As earlier pointed out, petitioner failed to
establish the former existence of the adoption paper and its subsequent loss or destruction.