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Additional assignment 403 scra 690

Civil Law Review (PERSONS AND FAMILY RELATIONS)


Assignment No. 13
Constantino v. Mendez, 209 SCRA 18
Conde v. Abaya, 13PHIL 249
Jison v. CA 286 SCRA 495
Tayag v. CA 209 SCRA664
Grande v. Antonio G.R. No. 206248, February 18, 2014
Republic Act No. 9225
Assignment No. 14
Republic Act Nos. 8552, 8043, 9523
A.M. No. 02-6-02-SC
IN re Adoption of /Resaba 95 PHIL 244
Malkenson v. Agrava 54 SCRA 66
Sayson v. Court of Appeals 209 SCRA 518
Tamargo v. CA 209 SCRA 518
Hofilena v. Rep, 34 SCRA 545
Cang v.CA G.R. No. 105308, September 25, 1998
Santos v. Aranzanso, 16 SCRA 344
Assignment 15
In the matter of adoption of Stephanie Nathy Astorga Garcia 454 SCRA 541
Mariategui v. CA 204 SCRA 337
Santos, Jr. v. Rep, 21 SCRA 379
Almacen v. Baltazar 103 PHIL 1147
Valino v. Adriano G.R. No. 182894, April 22, 2014 (Read also the dissenting opinion of
Justice Leonen for academic discussion)
Santos, Sr. v. CA, 242 SCRA 407
Lam v. Chua 426 SCRA 29
Reyes v. Luciano 88 SCRA 803
St. Joseph's College et. al. v. Miranda et. al. G.R. No. 182353 June 29, 2010
David v. CA 250 SCRA 82
Briones v. Miguel, 440 SCRA 455
St Mary's Academy v. Carpitanos et. al. GR. No. 143363 Feb. 6, 2002
Sayson v. Court of Appeals 209 SCRA 518
Lam v. Chua 426 SCRA 29
Reyes v. Luciano 88 SCRA 803
Remo v. Secretary of Foreign Affairs 614 SCRA 281
Congress of the Philippines Natural born citizens of the Philippines who, after the effectivity of this Act, become
Twelfth Congress citizens of a foreign country shall retain their Philippine citizenship upon taking the
Third Regular Session aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate


or adopted, below eighteen (18) years of age, of those who re-acquire Philippine
citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.
Begun held in Metro Manila on Monday, the twenty-eighth day of July, two thousand three.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full civil and political rights and be subject
to all attendant liabilities and responsibilities under existing laws of the Philippines and the
following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements
Republic Act No. 9225 August 29, 2003 under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise
known as "The Overseas Absentee Voting Act of 2003" and other existing laws;
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE
FOREIGN CITIZENSHIP PERMANENT. (2) Those seeking elective public in the Philippines shall meet the qualification for
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND holding such public office as required by the Constitution and existing laws and, at
FOR OTHER PURPOSES the time of the filing of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized
Be it enacted by the Senate and House of Representatives of the Philippines in Congress to administer an oath;
assembled:
(3) Those appointed to any public office shall subscribe and swear to an oath of
Section 1. Short Title this act shall be known as the "Citizenship Retention and Re- allegiance to the Republic of the Philippines and its duly constituted authorities
acquisition Act of 2003." prior to their assumption of office: Provided, That they renounce their oath of
allegiance to the country where they took that oath;
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all
Philippine citizens of another country shall be deemed not to have lost their Philippine (4) Those intending to practice their profession in the Philippines shall apply with
citizenship under the conditions of this Act. the proper authority for a license or permit to engage in such practice; and

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary (5) That right to vote or be elected or appointed to any public office in the
notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a Philippines cannot be exercised by, or extended to, those who:
foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking
the following oath of allegiance to the Republic: (a) are candidates for or are occupying any public office in the country of
which they are naturalized citizens; and/or
"I _____________________, solemny swear (or affrim) that I will support and
defend the Constitution of the Republic of the Philippines and obey the laws and (b) are in active service as commissioned or non-commissioned officers in
legal orders promulgated by the duly constituted authorities of the Philippines; and the armed forces of the country which they are naturalized citizens.
I hereby declare that I recognize and accept the supreme authority of the
Philippines and will maintain true faith and allegiance thereto; and that I imposed
this obligation upon myself voluntarily without mental reservation or purpose of
evasion."
REPUBLIC ACT NO. 8043 authority in matters relating to inter-country adoption. It shall act as the policy-making
body for purposes of carrying out the provisions of this Act, in consultation and
AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF coordination with the Department, the different child-care and placement agencies,
FILIPINO CHILDREN, AND FOR OTHER PURPOSES. adoptive agencies, as well as non-governmental organizations engaged in child-care and
placement activities. As such, it shall:
ARTICLE I
a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale
GENERAL PROVISIONS or any other practice in connection with adoption which is harmful, detrimental, or
prejudicial to the child;
Sec. 1. Short Title. - This Act shall be known as the "Inter-Country Adoption Act
of 1995." b) Collect, maintain, and preserve confidential information about the child
and the adoptive parents;
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
provide every neglected and abandoned child with a family that will provide such child with c) Monitor, follow up, and facilitate completion of adoption of the child
love and care as well as opportunities for growth and development. Towards this end, through authorized and accredited agency;
efforts shall be exerted to place the child with an adoptive family in the
d) Prevent improper financial or other gain in connection with an adoption
Philippines. However, recognizing that inter-country adoption may be considered as
and deter improper practices contrary to this Act;
allowing aliens not presently allowed by law to adopt Filipino children if such children
cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to e) Promote the development of adoption services including post-legal
ensure that inter-country adoptions are allowed when the same shall prove beneficial to adoption; cd i
the child's best interests, and shall serve and protect his/her fundamental rights. cdt
f) License and accredit child-caring/placement agencies and collaborate
Sec. 3. Definition of Terms. - As used in this Act. the term: with them in the placement of Filipino children;
a) Inter-country adoption refers to the socio-legal process of adopting a g) Accredit and authorize foreign adoption agency in the placement of
Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the Filipino children in their own country; and
petition is filed, the supervised trial custody is undertaken, and the decree of adoption is
issued outside the Philippines. h) Cancel the license to operate and blacklist the child-caring and placement
agency or adoptive agency involved from the accreditation list of the Board upon a finding
b) Child means a person below fifteen (15) years of age unless sooner of violation of any provision under this Act.
emancipated by law.
Sec. 5. Composition of the Board. - The Board shall be composed of the
c) Department refers to the Department of Social Welfare and Development Secretary of the Department as ex officio Chairman, and six (6) other members to be
of the Republic of the Philippines. appointed by the President for a nonrenewable term of six (6) years: Provided, That there
shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at
d) Secretary refers to the Secretary of the Department of Social Welfare and
least the qualifications of a regional trial court judge, one (1) registered social worker and
Development. acd
two (2) representatives from non-governmental organizations engaged in child-caring and
e) Authorized and accredited agency refers to the State welfare agency or a placement activities. The members of the Board shall receive a per diem allowance of One
licensed adoption agency in the country of the adopting parents which provide thousand five hundred pesos (P1,500) for each meeting attended by them: Provided,
comprehensive social services and which is duly recognized by the Department. further, That no compensation shall be paid for more than four (4) meetings a month.
f) Legally-free child means a child who has been voluntarily or involuntarily Sec. 6. Powers and Functions of the Board. - The Board shall have the following
committed to the Department, in accordance with the Child and Youth Welfare Code. powers and functions:
g) Matching refers to the judicious pairing of the adoptive child and the a) to prescribe rules and regulations as it may deem reasonably necessary
applicant to promote a mutually satisfying parent-child relationship. to carry out the provisions of this Act, after consultation and upon favorable
recommendation of the different agencies concerned with the child-caring, placement, and
h) Board refers to the Inter-country Adoption Board.
adoption;
ARTICLE II
b) to set the guidelines for the convening of an Inter-country Adoption
THE INTER-COUNTRY ADOPTION BOARD Placement Committee which shall be under the direct supervision of the Board;

Sec. 4. The Inter-Country Adoption Board. - There is hereby created the Inter- c) to set the guidelines for the manner by which selection/matching of
Country Adoption Board, hereinafter referred to as the Board to act as the central prospective adoptive parents and adoptive child can be made;
d) to determine a reasonable schedule of fees and charges to be exacted in c) Deed of voluntary commitment/decree of abandonment/death certificate
connection with the application for adoption; of parents;
e) to determine the form and contents of the application for inter-country d) Medical evaluation /history;
adoption;
e) Psychological evaluation, as necessary; and
g) to institute systems and procedures to prevent improper financial gain in
f) Recent photo of the child.
connection with adoption and deter improper practices which are contrary to this Act;
Sec. 9. Who May Adopt. - An alien or a Filipino citizen permanently residing
h) to promote the development of adoption services, including post-legal
abroad may file an application for inter-country adoption of a Filipino child if he/she:
adoption services, cd
a) is at least twenty-seven (27) years of age and at least sixteen (16) years
i) to accredit and authorize foreign private adoption agencies which have
older than the child to be adopted, at the time of application unless the adoptor is the
demonstrated professionalism, competence and have consistently pursued non-profit
parent by nature of the child to be adopted or the spouse of such parent:
objectives to engage in the placement of Filipino children in their own country: Provided,
That such foreign private agencies are duly authorized and accredited by their own b) if married, his/her spouse must jointly file for the adoption;
government to conduct inter-country adoption: Provided, however, That the total number
of authorized and accredited foreign private adoption agencies shall not exceed one c) has the capacity to act and assume all rights and responsibilities of
hundred (100) a year; parental authority under his national laws, and has undergone the appropriate counseling
from an accredited counselor in his/her country;
j) to take appropriate measures to ensure confidentiality of the records of
the child, the natural parents and the adoptive parents at all times; d) has not been convicted of a crime involving moral turpitude;

k) to prepare, review or modify, and thereafter, recommend to the e) is eligible to adopt under his/her national law;
Department of Foreign Affairs, Memoranda of Agreement respecting inter-country adoption f) is in a position to provide the proper care and support and to give the
consistent with the implementation of this Act and its stated goals, entered into, between necessary moral values and example to all his children, including the child to be adopted;
and among foreign governments, international organizations and recognized international
non-governmental organizations; g) agrees to uphold the basic rights of the child as embodied under
Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules
l) to assist other concerned agencies and the courts in the implementation and regulations issued to implement the provisions of this Act;
of this Act, particularly as regards coordination with foreign persons, agencies and other
entities involved in the process of adoption and the physical transfer of the child; and h) comes from a country with whom the Philippines has diplomatic relations
and whose government maintains a similarly authorized and accredited agency and that
m) to perform such other functions on matters relating to inter-country adoption is allowed under his/her national laws; and
adoption as may be determined by the President.
i) possesses all the qualifications and none of the disqualifications provided
ARTICLE III herein and in other applicable Philippine laws.
PROCEDURE Sec. 10. Where to File Application. - An application to adopt a Filipino child shall
Sec. 7. Inter-Country Adoption as the Last Resort. - The Board shall ensure that be filed either with the Philippine Regional Trial Court having jurisdiction over the child, or
all possibilities for adoption of the child under the Family Code have been exhausted and with the Board, through an intermediate agency, whether governmental or an authorized
that inter-country adoption is in the best interest of the child. Towards this end, the Board and accredited agency, in the country of the prospective adoptive parents, which
shall set up the guidelines to ensure that steps will be taken to place the child in the application shall be in accordance with the requirements as set forth in the implementing
Philippines before the child is placed for inter-country adoption: Provided, however, That rules and regulations to be promulgated by the Board. cdasia
the maximum number that may be allowed for foreign adoption shall not exceed six The application shall be supported by the following documents written and
hundred (600) a year for the first five (5) years. officially translated in English.
Sec. 8. Who May be Adopted. - Only a legally free child may be the subject of a) Birth certificate of applicant(s);
inter-country adoption. In order that such child may be considered for placement, the
following documents must be submitted to the Board: cdasia b) Marriage contract, if married, and divorce decree, if applicable;

a) Child study; c) Written consent of their biological or adoptive children above ten (10)
years of age, in the form of sworn statement;
b) Birth certificate/foundling certificate;
d) Physical, medical and psychological evaluation by a duly licensed Sec. 15. Executive Agreements. - The Department of Foreign Affairs, upon
physician and psychologist; representation of the Board, shall cause the preparation of Executive Agreements with
countries of the foreign adoption agencies to ensure the legitimate concurrence of said
e) Income tax returns or any document showing the financial capability of
countries in upholding the safeguards provided by this Act.
the applicant(s);
ARTICLE IV
f) Police clearance of applicant(s);
PENALTIES
g) Character reference from the local church/minister, the applicant's
employer and a member of the immediate community who have known the applicant(s) Sec. 16. Penalties. - a) Any person who shall knowingly participate in the conduct
for at least five (5) years; and or carrying out of an illegal adoption, in violation of the provisions of this Act, shall be
punished with a penalty of imprisonment ranging from six (6) years and one (1) day to
h) Recent postcard-size pictures of the applicant(s) and his immediate
twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not
family;
more than Two hundred thousand pesos (P200.000), at the discretion of the court. For
The Rules of Court shall apply in case of adoption by judicial proceedings. purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the
provisions of this Act or established State policies, its implementing rules and regulations,
Sec. 11. Family Selection/Matching. - No child shall be matched to a foreign executive agreements, and other laws pertaining to adoption. Illegality may be presumed
adoptive family unless it is satisfactorily shown that the child cannot be adopted from the following acts:
locally. The clearance, as issued by the Board, with the copy of the minutes of the
meetings, shall form part of the records of the child to be adopted. When the Board is 1) consent for an adoption was acquired through, or attended by coercion,
ready to transmit the Placement Authority to the authorized and accredited inter-country fraud, improper material inducement;
adoption agency and all the travel documents of the child are ready, the adoptive parents,
2) there is no authority from the Board to effect adoption;
or any one of them, shall personally fetch the child in the Philippines.
3) the procedures and safeguards placed under the law for adoption were
Sec. 12. Pre-adoptive Placement Costs. - The applicant(s) shall bear the following
not complied with; and
costs incidental to the placement of the child;
4) the child to be adopted is subjected to, or exposed to danger, abuse and
a) The cost of bringing the child from the Philippines to the residence of the
exploitation.
applicant(s) abroad, including all travel expenses within the Philippines and abroad; and
b) Any person who shall violate established regulations relating to the
b) The cost of passport, visa, medical examination and psychological
confidentiality and integrity of records, documents and communications of adoption
evaluation required, and other related expenses.
applications, cases and processes shall suffer the penalty of imprisonment ranging from
Sec. 13. Fees, Charges and Assessments. - Fees, charges, and assessments one (1) year and one (1) day to two (2) years, and/or a fine of not less than Five
collected by the Board in the exercise of its functions shall be used solely to process thousand pesos (P5,000), but not more than Ten thousand pesos (P10,000), at the
applications for inter-country adoption and to support the activities of the Board. discretion of the court.

Sec. 14. Supervision of Trial Custody. - The governmental agency or the A penalty lower by two (2) degrees than that prescribed for the consummated
authorized and accredited agency in the country of the adoptive parents which filed the felony under this Article shall be imposed upon the principals of the attempt to commit any
application for inter-country adoption shall be responsible for the trial custody and the of the acts herein enumerated. cdasia
care of the child. It shall also provide family counseling and other related services. The
Acts punishable under this Article, when committed by a syndicate or where it
trial custody shall be for a period of six (6) months from the time of placement. Only after
involves two or more children shall be considered as an offense constituting child
the lapse of the period of trial custody shall a decree of adoption be issued in the said
trafficking and shall merit the penalty of reclusion perpetua.
country a copy of which shall be sent to the Board to form part of the records of the child.
Acts punishable under this Article are deemed committed by a syndicate if carried
During the trial custody, the adopting parent(s) shall submit to the governmental
out by a group of three (3) or more persons conspiring and/or confederating with one
agency or the authorized and accredited agency, which shall in turn transmit a copy to the
another in carrying out any of the unlawful acts defined under this Article. Penalties as
Board, a progress report of the child's adjustment. The progress report shall be taken into
are herein provided shall be in addition to any other penalties which may be imposed for
consideration in deciding whether or not to issue the decree of adoption. aisa dc
the same acts punishable under other laws, ordinances, executive orders, and
The Department of Foreign Affairs shall set up a system by which Filipino children proclamations.
sent abroad for trial custody are monitored and checked as reported by the authorized and
Sec. 17. Public Officers as Offenders. - Any government official, employee or
accredited inter-country adoption agency as well as the repatriation to the Philippines of a
functionary who shall be found guilty of violating any of the provisions of this Act, or who
Filipino child whose adoption has not been approved.
shall conspire with private individuals shall, in addition to the above-prescribed penalties,
be penalized in accordance with existing civil service laws, rules and regulations: Provided,
That upon the filing of a case, either administrative or criminal, said government official,
employee or functionary concerned shall automatically suffer suspension until the
resolution of the case.
ARTICLE V
FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations. - The Inter-country Adoption
Board, in coordination with the Council for the Welfare of Children, the Department of
Foreign Affairs, and the Department of Justice, after due consultation with agencies
involved in child-care and placement, shall promulgate the necessary rules and regulations
to implement the provisions of this Act within six (6) months after its effectivity.
Sec. 19. Appropriations. - The amount of Five million pesos (P5,000,000) is
hereby appropriated from the proceeds of the Lotto for the initial operations of the Board
and subsequently the appropriations of the same shall be included in the General
Appropriations Act for the year following its enactment.
Sec. 20. Separability Clause. - If any provision, or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected, shall
remain valid and subsisting. cd i5
Sec. 21. Repealing Clause. - Any law, decree, executive order, administrative
order or rules and regulations contrary to, or inconsistent with the provisions of this Act
are hereby repealed, modified or amended accordingly.
Sec. 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.
Approved, June 7, 1995.
Republic of the Philippines (2) Child refers to a person below eighteen (18) years of age or a person over
Congress of the Philippines eighteen (18) years of age but is unable to fully take care of him/herself or protect
Metro Manila himself/herself from abuse, neglect, cruelty, exploitation, or discrimination
because of physical or mental disability or condition.
Fourteenth Congress
Second Regular Session (3) Abandoned Child refers to a child who has no proper parental care or
guardianship, or whose parent(s) have deserted him/her for a period of at least
three (3) continuous months, which includes a founding.

(4) Neglected Child refers to a child whose basic needs have been deliberately
unattended or inadequately attended within a period of three (3) continuous
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand
months. Neglect may occur in two (2) ways:
eight.

(a) There is physical neglect when the child is malnourished, ill-clad, and
Republic Act No. 9523 March 12, 2009
without proper shelter. A child is unattended when left by himself/herself
without proper provisions and/or without proper supervision.
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE
AND DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR
(b) There is emotional neglect when the child is maltreated, raped,
ADOPTION" AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR
seduced, exploited, overworked, or made to work under conditions not
THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE
conducive to good health; or is made to beg in the streets or public places;
KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043,
or when children are in moral danger, or exposed to gambling,
OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995,
prostitution, and other vices.
PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH
WELFARE CODE, AND FOR OTHER PURPOSES
(5) Child Legally Available for Adoption refers to a child in whose favor a
certification was issued by the DSWD that he/she is legally available for adoption
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
after the fact of abandonment or neglect has been proven through the submission
assembled::
of pertinent documents, or one who was voluntarily committed by his/her
parent(s) or legal guardian.
Section 1. Declaration of Policy. It is hereby declared the policy of the State that
alternative protection and assistance shall be afforded to every child who is abandoned,
(6) Voluntarily Committed Child is one whose parent(s) or legal guardian
surrendered, or neglected. In this regard, the State shall extend such assistance in the
knowingly and willingly relinquished parental authority to the DSWD or any duly
most expeditious manner in the interest of full emotional and social development of the
accredited child-placement or child-caring agency or institution.
abandoned, surrendered, or neglected child.

(7) Child-caring agency or institution refers to a private non-profit or government


It is hereby recognized that administrative processes under the jurisdiction of the
agency duly accredited by the DSWD that provides twenty-four (24) hour
Department of Social Welfare and Development for the declaration of a child legally
residential care services for abandoned, neglected, or voluntarily committed
available for adoption of abandoned, surrendered, or neglected children are the most
children.
expeditious proceedings for the best interest and welfare of the child.

(8) Child-placing agency or institution refers to a private non-profit institution or


Section. 2. Definition of Terms. As used in this Act, the following terms shall mean:
government agency duly accredited by the DWSD that receives and processes
applicants to become foster or adoptive parents and facilitate placement of
(1) Department of Social Welfare and Development (DSWD) is the agency charged children eligible for foster care or adoption.
to implement the provisions of this Act and shall have the sole authority to issue
the certification declaring a child legally available for adoption.
(9) Petitioner refers to the head or executive director of a licensed or accredited
child-caring or child-placing agency or institution managed by the government,
local government unit, non-governmental organization, or provincial, city, or (3) Birth certificate, if available; and
municipal Social Welfare Development Officer who has actual custody of the minor
and who files a certification to declare such child legally available for adoption, or, (4) Recent photograph of the child and photograph of the child upon abandonment
if the child is under the custody of any other individual, the agency or institution or admission to the agency or institution.
does so with the consent of the child's custodian.
Section 4. Procedure for the Filing of the Petition. The petition shall be filed in the
(10) Secretary refers to the Secretary of the DSWD or his duly authorized regional office of the DSWD where the child was found or abandoned.
representative.
The Regional Director shall examine the petition and its supporting documents, if sufficient
(11) Conspicuous Place shall refer to a place frequented by the public, where by in form and substance and shall authorize the posting of the notice of the petition
notice of the petition shall be posted for information of any interested person. conspicuous place for five (5) consecutive days in the locality where the child was found.

(12) Social Case Study Report (SCSR) shall refer to a written report of the result The Regional Director shall act on the same and shall render a recommendation not later
of an assessment conducted by a licensed social worker as to the social-cultural than five (5) working days after the completion of its posting. He/she shall transmit a copy
economic condition, psychosocial background, current functioning and facts of of his/her recommendation and records to the Office of the Secretary within forty-eight
abandonment or neglect of the child. The report shall also state the efforts of (48) hours from the date of the recommendation.
social worker to locate the child's biological parents/relatives.
Section 5. Declaration of Availability for Adoption. Upon finding merit in the
Section 3. Petition. The petition shall be in the form of an affidavit, subscribed and petition, the Secretary shall issue a certification declaring the child legally available for
sworn to before any person authorized by law to administer oaths. It shall contain facts adoption within seven (7) working days from receipt of the recommendation.
necessary to establish the merits of the petition and shall state the circumstances
surrounding the abandonment or neglect of the child.
Said certification, by itself shall be the sole basis for the immediate issuance by the local
civil registrar of a foundling certificate. Within seven (7) working days, the local civil
The petition shall be supported by the following documents: registrar shall transmit the founding certificate to the National Statistic Office (NSO).

(1) Social Case Study Report made by the DSWD, local government unit, licensed Section 6. Appeal. The decision of the Secretary shall be appealable to the Court of
or accredited child-caring or child-placing agency or institution charged with the Appeals within five (5) days from receipt of the decision by the petitioner, otherwise the
custody of the child; same shall be final and executory.

(2) Proof that efforts were made to locate the parent(s) or any known relatives of Section 7. Declaration of Availability for Adoption of Involuntarily Committed
the child. The following shall be considered sufficient: Child and Voluntarily Committed Child. The certificate declaring a child legally
available for adoption in case of an involuntarily committed child under Article 141,
(a) Written certification from a local or national radio or television station paragraph 4(a) and Article 142 of Presidential Decree No. 603 shall be issued by the
that the case was aired on three (3) different occasions; DSWD within three (3) months following such involuntary commitment.

(b) Publication in one (1) newspaper of general circulation; In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No.
603, the certification declaring the child legally available for adoption shall be issued by
(c) Police report or barangay certification from the locality where the child the Secretary within three (3) months following the filing of the Deed of Voluntary
was found or a certified copy of a tracing report issued by the Philippine Commitment, as signed by the parent(s) with the DSWD.
National Red Cross (PNRC), National Headquarters (NHQ), Social Service
Division, which states that despite due diligence, the child's parents could Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily
not be found; and committed a child may recover legal custody and parental authority over him/her from the
agency or institution to which such child was voluntarily committed when it is shown to the
(d) Returned registered mail to the last known address of the parent(s) or satisfaction of the DSWD that the parent(s) or legal guardian is in a position to adequately
known relatives, if any. provide for the needs of the child: Provided, That, the petition for restoration is filed within
(3) months after the signing of the Deed of Voluntary Commitment.
Section 8. Certification. The certification that a child is legally available for adoption This Act which is a consolidation of Senate Bill No. 2391 and House Bill No. 10 was finally
shall be issued by the DSWD in lieu of a judicial order, thus making the entire process passed by the Senate and the House of Representatives December 17, 2009.
administrative in nature.
Approved: MAR 12, 2009
The certification, shall be, for all intents and purposes, the primary evidence that the child
is legally available in a domestic adoption proceeding, as provided in Republic Act No.
8552 and in an inter-country adoption proceeding, as provided in Republic Act No. 8043.

Section. 9. Implementing Rules and Regulations. The DSWD, together with the
Council for Welfare of Children, Inter-Country Adoption Board, two (2) representatives
from licensed or accredited child-placing and child-caring agencies or institution, National
Statistics Office and Office of the Civil Registrar, is hereby tasked to draft the
implementing rules and regulations of this Act within sixty (60) days following its complete
publication.

Upon effectivity of this Act and pending the completion of the drafting of the implementing
rules and regulations, petitions for the issuance of a certification declaring a child legally
available for adoption may be filled with the regional office of the DSWD where the child
was found or abandoned.

Section 10. Penalty. The penalty of One hundred thousand pesos (P100,000.00) to
Two hundred thousand pesos (P200,000.00) shall be imposed on any person, institution,
or agency who shall place a child for adoption without the certification that the child is
legally available for adoption issued by the DSWD. Any agency or institution found
violating any provision of this Act shall have its license to operate revoked without
prejudice to the criminal prosecution of its officers and employees.

Violation of any provision of this Act shall subject the government official or employee
concerned to appropriate administrative, civil and/or criminal sanctions, including
suspension and/or dismissal from the government service and forfeiture of benefits.

Section 11. Repealing Clause. Sections 2(c)(iii), 3(b), (e) and 8(a) of Republic Act
No. 8552, Section 3(f) of Republic Act No. 8043, Chapter 1 of Title VII, and VIII of
Presidential Decree No. 603 and any law, presidential decree, executive order, letter of
instruction, administrative order, rule, or regulation contrary to or inconsistent with the
provisions of this Act are hereby reprealed, modified or amended accordingly.

Section 12. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and
subsisting.

Section 13. Effectivity. This Act shall take effect fifteen (15) days following its
complete publication in two (2) newspapers of general circulation or in the Official Gazette.

Approved,
[A.m. No. 02-6-02-SC 2002-08-02]

Any voluntary or involuntary termination of parental authority shall be administratively or


RULE ON ADOPTION judicially declared so as to establish the status of the child as legally available for
adoption and his custody transferred to the Department of Social Welfare and
A. DOMESTIC ADOPTION Development or to any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent placement of the child.

Section 1. Applicability of the Rule. This Rule covers the domestic adoption of Filipino Sec. 3. Definition of Terms. For purposes of this Rule:
children.
(a) (a) Child is a person below eighteen (18) years of age at the time of the filing of the
Sec. 2. Objectives. (a) The best interests of the child shall be the paramount petition for adoption.
consideration in all matters relating to his care, custody and adoption, in accordance with
Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN (b) (b) A child legally available for adoption refers to a child who has been voluntarily or
Declaration on Social and Legal Principles Relating to the Protection and Welfare of involuntarily committed to the Department or to a duly licensed and accredited child-
Children with Special Reference to Foster Placement and Adoption, Nationally and placing or child-caring agency, freed of the parental authority of his biological parents, or
Internationally, and the Hague Convention on the Protection of Children and Cooperation in case of rescission of adoption, his guardian or adopter(s).
in Respect of Inter-country Adoption.
(c) (c) Voluntarily committed child is one whose parents knowingly and willingly
(b) The State shall provide alternative protection and assistance through foster care or relinquish parental authority over him in favor of the Department.
adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this
end, the State shall: (d) (d) Involuntarily committed child is one whose parents, known or unknown, have
been permanently and judicially deprived of parental authority over him due to
(i) (i) ensure that every child remains under the care and custody of his parents and is abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to
provided with love, care, understanding and security for the full and harmonious discharge parental responsibilities.
development of his personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the childs extended family is available shall (e) (e) Foundling refers to a deserted or abandoned infant or child whose parents,
adoption by an unrelated person be considered. guardian or relatives are unknown; or a child committed to an orphanage or charitable or
similar institution with unknown facts of birth and parentage and registered in the Civil
(ii) safeguard the biological parents from making hasty decisions in relinquishing their Register as a foundling.
parental authority over their child;
(f) (f) Abandoned child refers to one who has no proper parental care or guardianship or
(iii) (iii) prevent the child from unnecessary separation from his biological parents; whose parents have deserted him for a period of at least six (6) continuous months and
has been judicially declared as such.
(iv) conduct public information and educational campaigns to promote a positive
environment for adoption; (g) (g) Dependent child refers to one who is without a parent, guardian or custodian or
one whose parents, guardian or other custodian for good cause desires to be relieved of
(v) ensure that government and private sector agencies have the capacity to handle his care and custody and is dependent upon the public for support.
adoption inquiries, process domestic adoption applications and offer adoption-related
services including, but not limited to, parent preparation and post-adoption education and (h) (h) Neglected child is one whose basic needs have been deliberately not attended to
counseling; or inadequately attended to, physically or emotionally, by his parents or guardian.

(vi) encourage domestic adoption so as to preserve the childs identity and culture in his (i) (i) Physical neglect occurs when the child is malnourished, ill-clad and without proper
native land, and only when this is not available shall inter-country adoption be considered shelter.
as a last resort; and
(j) (j) Emotional neglect exists when a child is raped, seduced, maltreated, exploited,
(vii) protect adoptive parents from attempts to disturb their parental authority and overworked or made to work under conditions not conducive to good health or made to
custody over their adopted child. beg in the streets or public places, or placed in moral danger, or exposed to drugs,
alcohol, gambling, prostitution and other vices.
(v) (v) Residence means a persons actual stay in the Philippines for three (3)
(k) (k) Child-placement agency refers to an agency duly licensed and accredited by the continuous years immediately prior to the filing of a petition for adoption and which is
Department to provide comprehensive child welfare services including, but not limited to, maintained until the adoption decree is entered. Temporary absences for professional,
receiving applications for adoption, evaluating the prospective adoptive parents and business, health, or emergency reasons not exceeding sixty (60) days in one (1) year
preparing the adoption home study report. does not break the continuity requirement.

(l) (l) Child-caring agency refers to an agency duly licensed and accredited by the (w) (w) Alien refers to any person, not a Filipino citizen, who enters and remains in the
Department that provides 24-hour residential care services for abandoned, orphaned, Philippines and is in possession of a valid passport or travel documents and visa.
neglected or voluntarily committed children.

(m) (m) Department refers to the Department of Social Welfare and Development. SEC. 4. Who may adopt. The following may adopt:

(n) (n) Deed of Voluntary Commitment refers to the written and notarized instrument (1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
relinquishing parental authority and committing the child to the care and custody of the good moral character, has not been convicted of any crime involving moral turpitude; who
Department executed by the childs biological parents or in their absence, mental is emotionally and psychologically capable of caring for children, at least sixteen (16)
incapacity or death, by the childs legal guardian, to be witnessed by an authorized years older than the adoptee, and who is in a position to support and care for his children
representative of the Department after counseling and other services have been made in keeping with the means of the family. The requirement of a 16-year difference between
available to encourage the biological parents to keep the child. the age of the adopter and adoptee may be waived when the adopter is the biological
parent of the adoptee or is the spouse of the adoptees parent;
(o) (o) Child Study Report refers to a study made by the court social worker of the
childs legal status, placement history, psychological, social, spiritual, medical, ethno- (2) Any alien possessing the same qualifications as above-stated for Filipino nationals:
cultural background and that of his biological family needed in determining the most Provided, That his country has diplomatic relations with the Republic of the Philippines,
appropriate placement for him. that he has been living in the Philippines for at least three (3) continuous years prior to
the filing of the petition for adoption and maintains such residence until the adoption
(p) (p) Home Study Report refers to a study made by the court social worker of the decree is entered, that he has been certified by his diplomatic or consular office or any
motivation and capacity of the prospective adoptive parents to provide a home that meets appropriate government agency to have the legal capacity to adopt in his country, and
the needs of a child. that his government allows the adoptee to enter his country as his adopted child.
Provided, further, That the requirements on residency and certification of the aliens
(q) (q) Supervised trial custody refers to the period of time during which a social worker qualification to adopt in his country may be waived for the following:
oversees the adjustment and emotional readiness of both adopters and adoptee in
stabilizing their filial relationship.
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
(r) (r) Licensed Social Worker refers to one who possesses a degree in bachelor of consanguinity or affinity; or
science in social work as a minimum educational requirement and who has passed the
government licensure examination for social workers as required by Republic Act No. (ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
4373.
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a
(s) (s) Simulation of birth is the tampering of the civil registry to make it appear in the relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
birth records that a certain child was born to a person who is not his biological mother,
thus causing such child to lose his true identity and status.
(3) The guardian with respect to the ward after the termination of the guardianship and
(t) (t) Biological Parents refer to the childs mother and father by nature. clearance of his financial accountabilities.

(u) (u) Pre-Adoption Services refer to psycho-social services provided by professionally- Husband and wife shall jointly adopt, except in the following cases:
trained social workers of the Department, the social services units of local governments,
private and government health facilities, Family Courts, licensed and accredited child-
caring and child-placement agencies and other individuals or entities involved in adoption (i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or
as authorized by the Department.
(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the (b) (b) That the petitioner is of legal age, in possession of full civil capacity and legal
other spouse has signified his consent thereto; or rights; is of good moral character; has not been convicted of any crime involving moral
turpitude; is emotionally and psychologically capable of caring for children; is at least
(iii) if the spouses are legally separated from each other. sixteen (16) years older than the adoptee, unless the adopter is the biological parent of
the adoptee or is the spouse of the adoptees parent; and is in a position to support and
care for his children in keeping with the means of the family and has undergone pre-
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the adoption services as required by Section 4 of Republic Act No. 8552.
other, joint parental authority shall be exercised by the spouses.

2) 2) If the adopter is an alien, the petition shall allege the following:


SEC. 5. Who may be adopted. The following may be adopted:

(1) (1) Any person below eighteen (18) years of age who has been voluntarily committed (a) (a) The jurisdictional facts;
to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared
available for adoption; (b) (b) Sub-paragraph 1(b) above;

(2) (2) The legitimate child of one spouse, by the other spouse; (c) (c) That his country has diplomatic relations with the Republic of the Philippines;

(3) (3) An illegitimate child, by a qualified adopter to raise the status of the former to that (d) (d) That he has been certified by his diplomatic or consular office or any appropriate
of legitimacy; government agency to have the legal capacity to adopt in his country and his government
allows the adoptee to enter his country as his adopted child and reside there permanently
(4) (4) A person of legal age regardless of civil status, if, prior to the adoption, said person as an adopted child; and
has been consistently considered and treated by the adopters as their own child since
minority; (e) (e) That he has been living in the Philippines for at least three (3) continuous years
prior to the filing of the petition and he maintains such residence until the adoption decree
(5) (5) A child whose adoption has been previously rescinded; or is entered.

(6) (6) A child whose biological or adoptive parents have died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said parents. The requirements of certification of the aliens qualification to adopt in his country and of
residency may be waived if the alien:
(7) (7) A child not otherwise disqualified by law or these rules.
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of
consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or


Sec. 6. Venue. The petition for adoption shall be filed with the Family Court of the
province or city where the prospective adoptive parents reside. (iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative
within the fourth degree of consanguinity or affinity of the Filipino spouse.

Sec. 7. Contents of the Petition. The petition shall be verified and specifically state at the
heading of the initiatory pleading whether the petition contains an application for change 3) 3) If the adopter is the legal guardian of the adoptee, the petition shall allege that
of name, rectification of simulated birth, voluntary or involuntary commitment of children, guardianship had been terminated and the guardian had cleared his financial
or declaration of child as abandoned, dependent or neglected. accountabilities.

1) 1) If the adopter is a Filipino citizen, the petition shall allege the following: 4) 4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption
except if:

(a) (a) The jurisdictional facts; (a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified Sec. 9. Adoption of a foundling, an abandoned, dependent or neglected child. In case
written consent thereto, or the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall
allege:
(c) if the spouses are legally separated from each other.
(a) (a) The facts showing that the child is a foundling, abandoned, dependent or
neglected;
5) 5) If the adoptee is a foundling, the petition shall allege the entries which should
appear in his birth certificate, such as name of child, date of birth, place of birth, if known; (b) (b) The names of the parents, if known, and their residence. If the child has no known
sex, name and citizenship of adoptive mother and father, and the date and place of their or living parents, then the name and residence of the guardian, if any;
marriage.
(c) (c) The name of the duly licensed child-placement agency or individual under whose
6) 6) If the petition prays for a change of name, it shall also state the cause or reason for care the child is in custody; and
the change of name.
(d) (d) That the Department, child-placement or child-caring agency is authorized to give
its consent.
In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown by his
record of birth, baptismal or foundling certificate and school records. Sec. 10. Change of name. In case the petition also prays for change of name, the title or
caption must contain:
(b) That the adoptee is not disqualified by law to be adopted.
(a) (a) The registered name of the child;
(c) The probable value and character of the estate of the adoptee.
(b) (b) Aliases or other names by which the child has been known; and
(d) The first name, surname or names by which the adoptee is to be known and registered
in the Civil Registry. (c) (c) The full name by which the child is to be known.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the


1997 Rules of Civil Procedure. Sec. 11. Annexes to the Petition. The following documents shall be attached to the
petition:

Sec. 8. Rectification of Simulated Birth. In case the petition also seeks rectification of a A. Birth, baptismal or foundling certificate, as the case may be, and school records
simulated of birth, it shall allege that: showing the name, age and residence of the adoptee;

(a) (a) Petitioner is applying for rectification of a simulated birth; B. Affidavit of consent of the following:

(b) (b) The simulation of birth was made prior to the date of effectivity of Republic Act No.
8552 and the application for rectification of the birth registration and the petition for 1. The adoptee, if ten (10) years of age or over;
adoption were filed within five years from said date;
2. The biological parents of the child, if known, or the legal guardian, or the child-
(c) (c) The petitioner made the simulation of birth for the best interests of the adoptee; placement agency, child-caring agency, or the proper government instrumentality which
and has legal custody of the child;

(d) (d) The adoptee has been consistently considered and treated by petitioner as his own 3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are
child. ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or
over; and
5. The spouse, if any, of the adopter or adoptee. At the discretion of the court, copies of the order of hearing shall also be furnished the
Office of the Solicitor General through the provincial or city prosecutor, the Department
and the biological parents of the adoptee, if known.
C. Child study report on the adoptee and his biological parents;
If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor
D. If the petitioner is an alien, certification by his diplomatic or consular office or any General shall be mandatory.
appropriate government agency that he has the legal capacity to adopt in his country and
that his government allows the adoptee to enter his country as his own adopted child
unless exempted under Section 4(2); Sec. 13. Child and Home Study Reports. In preparing the child study report on the
adoptee, the concerned social worker shall verify with the Civil Registry the real identity
E. Home study report on the adopters. If the adopter is an alien or residing abroad but and registered name of the adoptee. If the birth of the adoptee was not registered with
qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Civil Registry, it shall be the responsibility of the social worker to register the adoptee
the Inter-Country Adoption Board; and and secure a certificate of foundling or late registration, as the case may be.

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the The social worker shall establish that the child is legally available for adoption and the
biological parents of the adoptee, if any. documents in support thereof are valid and authentic, that the adopter has sincere
intentions and that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to
Sec. 12. Order of Hearing. If the petition and attachments are sufficient in form and adopt and that his government allows the adoptee to enter his country as his adopted
substance, the court shall issue an order which shall contain the following: child in the absence of the certification required under Section 7(b) of Republic Act No.
8552.
(1) the registered name of the adoptee in the birth certificate and the names by which the
adoptee has been known which shall be stated in the caption; If after the conduct of the case studies, the social worker finds that there are grounds to
deny the petition, he shall make the proper recommendation to the court, furnishing a
(2) the purpose of the petition; copy thereof to the petitioner.

(3) the complete name which the adoptee will use if the petition is granted;
Sec. 14. Hearing. Upon satisfactory proof that the order of hearing has been published
(4) the date and place of hearing which shall be set within six (6) months from the date of and jurisdictional requirements have been complied with, the court shall proceed to hear
the issuance of the order and shall direct that a copy thereof be published before the date the petition. The petitioner and the adoptee must personally appear and the former must
of hearing at least once a week for three successive weeks in a newspaper of general testify before the presiding judge of the court on the date set for hearing.
circulation in the province or city where the court is situated; Provided, that in case of
application for change of name, the date set for hearing shall not be within four (4) The court shall verify from the social worker and determine whether the biological parent
months after the last publication of the notice nor within thirty (30) days prior to an has been properly counseled against making hasty decisions caused by strain or anxiety to
election. give up the child; ensure that all measures to strengthen the family have been exhausted;
and ascertain if any prolonged stay of the child in his own home will be inimical to his
The newspaper shall be selected by raffle under the supervision of the Executive Judge. welfare and interest.

(5) a directive to the social worker of the court, the social service office of the local
government unit or any child-placing or child-caring agency, or the Department to prepare Sec. 15. Supervised Trial Custody. Before issuance of the decree of adoption, the court
and submit child and home study reports before the hearing if such reports had not been shall give the adopter trial custody of the adoptee for a period of at least six (6) months
attached to the petition due to unavailability at the time of the filing of the latter; and within which the parties are expected to adjust psychologically and emotionally to each
other and establish a bonding relationship. The trial custody shall be monitored by the
(6) a directive to the social worker of the court to conduct counseling sessions with the social worker of the court, the Department, or the social service of the local government
biological parents on the matter of adoption of the adoptee and submit her report before unit, or the child-placement or child-caring agency which submitted and prepared the case
the date of hearing. studies. During said period, temporary parental authority shall be vested in the adopter.
The court may, motu proprio or upon motion of any party, reduce the period or exempt
the parties if it finds that the same shall be for the best interests of the adoptee, stating b. to issue a certificate of birth which shall not bear any notation that it is a new or
the reasons therefor. amended certificate and which shall show, among others, the following: registry number,
date of registration, name of child, sex, date of birth, place of birth, name and citizenship
An alien adopter however must complete the 6-month trial custody except the following: of adoptive mother and father, and the date and place of their marriage, when applicable;

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of c. to seal the original certificate of birth in the civil registry records which can be opened
consanguinity or affinity; or only upon order of the court which issued the decree of adoption; and

b) one who seeks to adopt the legitimate child of his Filipino spouse; or d. to submit to the court issuing the decree of adoption proof of compliance with all the
foregoing within thirty days from receipt of the decree.
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse
the latters relative within the fourth (4th) degree of consanguinity or affinity.
If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling
was registered, to annotate the decree of adoption on the foundling certificate and a new
If the child is below seven (7) years of age and is placed with the prospective adopter birth certificate shall be ordered prepared by the Civil Registrar in accordance with the
through a pre-adoption placement authority issued by the Department, the court shall decree.
order that the prospective adopter shall enjoy all the benefits to which the biological
parent is entitled from the date the adoptee is placed with him.
Sec. 17. Book of Adoptions. The Clerk of Court shall keep a book of adoptions showing
The social worker shall submit to the court a report on the result of the trial custody within the date of issuance of the decree in each case, compliance by the Civil Registrar with
two weeks after its termination. Section 16(B)(3) and all incidents arising after the issuance of the decree.

Sec. 16. Decree of Adoption. If the supervised trial custody is satisfactory to the parties Sec. 18. Confidential Nature of Proceedings and Records. All hearings in adoption cases,
and the court is convinced from the trial custody report and the evidence adduced that the after compliance with the jurisdictional requirements shall be confidential and shall not be
adoption shall redound to the best interests of the adoptee, a decree of adoption shall be open to the public. All records, books and papers relating to the adoption cases in the files
issued which shall take effect as of the date the original petition was filed even if the of the court, the Department, or any other agency or institution participating in the
petitioners die before its issuance. adoption proceedings shall be kept strictly confidential.

The decree shall: If the court finds that the disclosure of the information to a third person is necessary for
security reasons or for purposes connected with or arising out of the adoption and will be
A. State the name by which the child is to be known and registered; for the best interests of the adoptee, the court may, upon proper motion, order the
necessary information to be released, restricting the purposes for which it may be used.
B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the Sec. 19. Rescission of Adoption of the Adoptee. The petition shall be verified and filed by
15-day reglementary period within which to appeal; the adoptee who is over eighteen (18) years of age, or with the assistance of the
Department, if he is a minor, or if he is over eighteen (18) years of age but is
2) the adopter to submit a certified true copy of the decree of adoption and the certificate incapacitated, by his guardian or counsel.
of finality to the Civil Registrar where the child was originally registered within thirty (30)
days from receipt of the certificate of finality. In case of change of name, the decree shall The adoption may be rescinded based on any of the following grounds committed by the
be submitted to the Civil Registrar where the court issuing the same is situated. adopter:

3) 3) the Civil Registrar of the place where the adoptee was registered: 1) repeated physical and verbal maltreatment by the adopter despite having undergone
counseling;

a. to annotate on the adoptees original certificate of birth the decree of adoption within 2) attempt on the life of the adoptee;
thirty (30) days from receipt of the certificate of finality;
3) sexual assault or violence; or accordance with the preceding Section shall be served by the petitioner upon the Civil
Registrar concerned within thirty (30) days from receipt of the certificate of finality. The
4) abandonment or failure to comply with parental obligations. Civil Registrar shall forthwith enter the rescission decree in the register and submit proof
of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days
from receipt of the decree.
Adoption, being in the best interests of the child, shall not be subject to rescission by the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.
919 of the Civil Code.

SEC. 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of
Sec. 20. Venue. The petition shall be filed with the Family Court of the city or province Court.
where the adoptee resides.

B. Inter-Country Adoption
Sec. 21. Time within which to file petition. The adoptee, if incapacitated, must file the
petition for rescission or revocation of adoption within five (5) years after he reaches the
age of majority, or if he was incompetent at the time of the adoption, within five (5) years Sec. 26. Applicability. The following sections apply to inter-country adoption of Filipino
after recovery from such incompetency. children by foreign nationals and Filipino citizens permanently residing abroad.

Sec. 22. Order to Answer. The court shall issue an order requiring the adverse party to SEC. 27. Objectives. The State shall:
answer the petition within fifteen (15) days from receipt of a copy thereof. The order and
copy of the petition shall be served on the adverse party in such manner as the court may a) a) consider inter-country adoption as an alternative means of child care, if the child
direct. cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be
cared for in the Philippines;

Sec. 23. Judgment. If the court finds that the allegations of the petition are true, it shall b) ensure that the child subject of inter-country adoption enjoys the same protection
render judgment ordering the rescission of adoption, with or without costs, as justice accorded to children in domestic adoption; and
requires.
c) take all measures to ensure that the placement arising therefrom does not result in
The court shall order that the parental authority of the biological parent of the adoptee, if improper financial gain for those involved.
known, or the legal custody of the Department shall be restored if the adoptee is still a
minor or incapacitated and declare that the reciprocal rights and obligations of the adopter
and the adoptee to each other shall be extinguished.
Sec. 28. Where to File Petition. A verified petition to adopt a Filipino child may be filed
The court shall further declare that successional rights shall revert to its status prior to by a foreign national or Filipino citizen permanently residing abroad with the Family Court
adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to having jurisdiction over the place where the child resides or may be found.
judicial rescission shall be respected.
It may be filed directly with the Inter-Country Adoption Board.
It shall also order the adoptee to use the name stated in his original birth or foundling
certificate.
Sec. 29. Who may be adopted. Only a child legally available for domestic adoption may
The court shall further order the Civil Registrar where the adoption decree was registered be the subject of inter-country adoption.
to cancel the new birth certificate of the adoptee and reinstate his original birth or
foundling certificate. Sec. 30. Contents of Petition. The petitioner must allege:

a) a) his age and the age of the child to be adopted, showing that he is at least twenty-
Sec. 24. Service of Judgment. A certified true copy of the judgment together with a seven (27) years of age and at least sixteen (16) years older than the child to be adopted
certificate of finality issued by the Branch Clerk of the Court which rendered the decision in at the time of application, unless the petitioner is the parent by nature of the child to be
adopted or the spouse of such parent, in which case the age difference does not apply; g) g) Character reference from the local church/minister, the petitioners employer and a
member of the immediate community who have known the petitioner for at least five (5)
b) b) if married, the name of the spouse who must be joined as co-petitioner except when years;
the adoptee is a legitimate child of his spouse;
h) h) Full body postcard-size pictures of the petitioner and his immediate family taken at
c) c) that he has the capacity to act and assume all rights and responsibilities of parental least six (6) months before the filing of the petition.
authority under his national laws, and has undergone the appropriate counseling from an
accredited counselor in his country;
Sec. 32. Duty of Court. The court, after finding that the petition is sufficient in form and
d) d) that he has not been convicted of a crime involving moral turpitude; substance and a proper case for inter-country adoption, shall immediately transmit the
petition to the Inter-Country Adoption Board for appropriate action.
e) e) that he is eligible to adopt under his national law;

f) f) that he can provide the proper care and support and instill the necessary moral values SEC. 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its
and example to all his children, including the child to be adopted; publication in a newspaper of general circulation.

g) g) that he agrees to uphold the basic rights of the child, as embodied under Philippine
laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of Republic Act No. 8043;

h) h) that he comes from a country with which the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that
adoption of a Filipino child is allowed under his national laws; and

i) i) that he possesses all the qualifications and none of the disqualifications provided in
this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

Sec. 31. Annexes. - The petition for adoption shall contain the following annexes written
and officially translated in English:

a) a) Birth certificate of petitioner;

b) b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment


dissolving the marriage;

c) c) Sworn statement of consent of petitioners biological or adopted children above ten


(10) years of age;

d) d) Physical, medical and psychological evaluation of the petitioner certified by a duly


licensed physician and psychologist;

e) e) Income tax returns or any authentic document showing the current financial
capability of the petitioner;

f) f) Police clearance of petitioner issued within six (6) months before the filing of the
petitioner;
intendment should be sustained to promote and fulfill these noble and compassionate
Malkenson v. Agrava objectives of the law.

Facts: Ultimately, under the plain language of the law, alienage by itself does not disqualify a
foreigner such as the petitioner-husband from adopting a Filipino child. Under Art. 338 of
On October 13, 1972, petitioners-spouses filed with respondent court their verified petition the Civil Code, the petitioner-wife who is also the natural mother, is authorized to adopt
to adopt the minor Luis Alberto Martin de Santos, who was born a Filipino citizen in her natural child and raise its status to that of a legitimate child while the petitioner
Madrid, Spain on August 4, 1969, the acknowledged natural child of petitioner Ana Marie husband is likewise authorized to adopt his step-child and that such adoption would
de Santos Malkinson who alone of his parents extended him recognition. strengthen the family solidarity of the petitioner-spouses and the child.

The petitioners claim that the child concerned has been living with them under their care
and custody since their marriage in 1972. Petitioner Frederick Malkinson is an American
citizen, while his spouse is a Filipino citizen and owns a property in the Philippines. They
claim that it is to the best interest of the child that he be adopted by the spouses who are
qualified for such legal adoption.

Respondent Judge Hon. Corazon Agrava dismissed the abovementioned petition in


November 1972 because the court opined that the position was insufficient due to the fact
that the petitioner husband is an alien while the child sought to be adopted is a citizen of
the country.

Petitioners then moved for reconsideration on the ground that no law prohibits a resident
alien, who is neither a citizen of a country without diplomatic relations with the Philippines
nor otherwise legally disqualified from adopting a Filipino. Respondent court again denied
the same in December 1972.

Issue:
WON an alien who is not legally disqualified may adopt a Filipino

Held:

If alienage alone of the adopter or of the adopted were to be a disqualification, it is


inconceivable that the lawmakers would not have so explicitly provided. Article 335 of the
New Civil Code only provides that non-resident aliens and resident aliens with whose
government the Philippines has broken diplomatic relations are the only two classes of
aliens expressly disqualified and prohibited to adopt, while Article 339 provides that only
an alien with whose state our government has broken diplomatic relations is expressly
disqualified and prohibited to be adopted.

Inclusio unius exclusion alterius (The inclusion of one is the exclusion of another)
Adoption statutes, being humane and salutary, hold the interest and welfare of the child to
be of paramount consideration and are designed to provide homes, parental care, and
education for the unfortunate, needy or orphaned children and give them the protection of
society and family in the person of the adopter as well as to allow childless couples or
persons to experience the joys of parenthood and give them legally a child in the person of
the adopted for the manifestation of their natural parental instincts. Every reasonable
TAMARGO vs. CA et al The responsibility treated of in this Article shall cease when the person herein mentioned
G.R. No. 85044 prove that they observed all the diligence of a good father of a family to prevent damage.
June 3, 1992 (Emphasis supplied)
FELICIANO, J.:
FACTS: Adelberto Bundoc, then a minor of 10 years of age, shot Jennifer Tamargo with an
air rifle which resulted in her death. Accordingly, a civil complaint for damages was filed The natural parent spouses rely on Article 36 of the Child and Youth Welfare Code 8 which
with the RTC of Vigan, Ilocos Sur by petitioners, parents of Jennifer, against respondent reads as follows:
spouses, Adelbertos natural parents with whom he was living at the time of the tragic
incident. In addition to this case for damages, a criminal information or Homicide through
Reckless Imprudence was filed against Adelberto, who was acquitted and exempted from Art. 36. Decree of Adoption. If, after considering the report of the Department of Social
criminal liability on the ground that he bad acted without discernment. Welfare or duly licensed child placement agency and the evidence submitted before it, the
Prior to the incident the spouses Rapisura had filed a petition to adopt the minor Adelberto court is satisfied that the petitioner is qualified to maintain, care for, and educate the
before the then CFI of Ilocos Sur. This petition for adoption was granted after Adelberto child, that the trial custody period has been completed, and that the best interests of the
had shot and killed Jennifer child will be promoted by the adoption, a decree of adoption shall be entered, which shall
In their Answer, respondent spouses, Adelbertos natural parents, claimed that not they, be effective he date the original petition was filed. The decree shall state the name by
but rather the adopting parents were indispensable parties to the action since parental which the child is thenceforth to be known.
authority had shifted to the adopting parents from the moment the successful petition for The Bundoc spouses further argue that the above Article 36 should be read in relation to
adoption was filed. Article 39 of the same Code:
The trial court ruled against the adopting parents, who filed an MR which was later denied
for being filed beyond the reglementary period. Petitioners went to the CA on a petition
Art. 39. Effect of Adoption. The adoption shall:
for mandamus and certiorari questioning the trial courts decision. The CA dismissed the
xxx xxx xxx
petition, ruling that petitioners had lost their right to appeal. Hence this petition for review
ISSUE: Who should be responsible for the tortuous act of the minor Adelberto, his natural
parents or adopting parents? (2) Dissolve the authority vested in the natural parents, except where the adopter is the
HELD: Petition for Review is hereby GRANTED DUE COURSE and the Decision of the CA is spouse of the surviving natural parent;
hereby REVERSED and SET ASIDE. Petitioners complaint filed before the trial court is xxx xxx xxx
hereby REINSTATED and this case is REMANDED to that court for further proceedings
Natural parents.
and urge that their Parental authority must be deemed to have been dissolved as of the
time the Petition for adoption was filed.
It is not disputed that Adelbertos voluntary act of shooting Jennifer with an air rifle gave The Court is not persuaded. As earlier noted, under the Civil Code, the basis of parental
rise to a cause of action on quasi-delict against him. As Article 2176 of the Civil Code liability for the torts of a minor child is the relationship existing between the parents and
provides: the minor child living with them and over whom, the law presumes, the parents
Whoever by act or omission causes damage to another, there being fault or negligence, is exercise supervision and control.
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing Article 221 of the Family Code of the Philippines insisted upon the requisite that the child,
contractual relation between the parties, is called aquasi-delict . . . doer of the tortious act, shall have been in the actual custody of the parents sought to be
Upon the other hand, the law imposes civil liability upon the father and, in case of his held liable for the ensuing damage:
death or incapacity, the mother, for any damages that may be caused by a minor
child who lives with them. Article 2180 of the Civil Code reads:
The obligation imposed by article 2176 is demandable not only for ones own acts or Art. 221. Parents and other persons exercising parental authority shall be civilly liable for
omissions, but also for those of persons for whom one is responsible. the injuries and damages caused by the acts or omissions of their unemancipated
children living in their company and under their parental authority subject to the
appropriate defenses provided by law.
The father and, in case of his death or incapacity, the mother, are responsible for the In the instant case, however, to hold that parental authority had been retroactively lodged
damages caused by the minor children who live in their company. in the Rapisura spouses so as to burden them with liability for a tortious act that they
xxx xxx xxx could not have foreseen and which they could not have prevented (since they were at the
time in the United States and had no physical custody over the child Adelberto) would be
unfair and unconscionable. Such a result, moreover, would be inconsistent with the
philosophical and policy basis underlying the doctrine of vicarious liability. Put a little
differently, no presumption of parental dereliction on the part of the adopting parents, the
Rapisura spouses, could have arisen since Adelberto was not in fact subject to their control
at the time the tort was committed.

NOTES:
(On why this petition was accepted by the SC) In view, however, of the nature of the issue
raised in the instant petition, and in order that substantial justice may be served, the
Court, invoking its right to suspend the application of technical rules to prevent manifest
injustice, elects to treat the notice of appeal as having been seasonably filed before the
trial court, and the motion (and supplemental motion) for reconsideration filed by
petitioner in the trial court as having interrupted the reglementary period for appeal.

Dismissal of appeal; purely on technical grounds is frowned upon where the policy of the
courts is to encourage hearings of appeal on their merits.
SAYSON VS COURT OF APPEALS
But a different conclusion must be reached in the case of Delia and Edmundo, to whom the
FACTS: grandparents were total strangers. While it is true that the adopted child shall be deemed
to be a legitimate child and have the same right as the latter, these rights do not include
the right of representation. The relationship created by the adoption is between only the
adopting parents and the adopted child and does not extend to the blood relatives of
either party.

ON DORIBELS LEGITIMACY:

Doribel's birth certificate is a formidable piece of evidence. It is one of the prescribed


means of recognition under Article 265 of the Civil Code and Article 172 of the Family
Code. It is true, as the petitioners stress, that the birth certificate offers only prima
facie evidence 9 of filiation and may be refuted by contrary evidence. However, such
evidence is lacking in the case at bar.
Eleno and Rafaela Sayson begot five children, namely, Mauricio, Rosario,
Basilisa, Remedios and Teodoro.Eleno died on November 10, 1952, and Rafaela on May The affidavit of Abila denying her earlier statement in the petition for the guardianship of
15,1976. Doribel is of course hearsay, let alone the fact that it was never offered in evidence in the
Teodoro, who had married Isabel Bautista, died on March 23, 1972. His wife died nine lower courts. Even without it, however, the birth certificate must be upheld in line
years later. Their properties were left in the possession of Delia, Edmundo, and Doribel, all with Legaspi v. Court of Appeals, 11 where we ruled that "the evidentiary nature
surnamed Sayson, who claim to be their children. of public documents must be sustained in the absence of strong, complete and
Mauricio, Rosario, Basilisa, and Remedios, together with Juana C. Bautista, Isabel's conclusive proof of its falsity or nullity."
mother, filed a complaint for partition and accounting of the intestate estate of Teodoro
and Isabel Sayson. Delia, Edmundo and Doribel filed their own
complaint, this time for the accounting and partitions of the intestate estate of Eleno Doribel's legitimacy cannot be questioned in a complaint for partition and accounting but
and Rafaela Sayson, against the couples four surviving children. Both cases were decided in a direct action seasonably filed by the proper party.
in favor Delia, et al on the basis of practically the same evidence. The Judge declared in
his decision that Delia and Edmundo were the legally adopted children of Teodoro and The presumption of legitimacy in the Civil Code . . . does not have this purely
Isabel Sayson by virtue of the decree of adoption. Doribel was their legitimate daughter as evidential character. It serves a more fundamental purpose. It actually fixes a
evidenced by her birth certificate. Consequently, the three children were civil status for the child born in wedlock, and that civil status cannot be attacked
entitled to inherit from Eleno and Rafaela by right of representation. collaterally. The legitimacy of the child can be impugned only in a direct action
brought for that purpose, by the proper parties, and within the period limited by
ISSUE: law.

HELD: In consequence of the above observations, we hold that Doribel, as the legitimate The legitimacy of the child cannot be contested by way of defense
daughter of Teodoro and Isabel Sayson, and Delia and Edmundo, as their adopted or as a collateral issue in another action for a different
children, are the exclusive heirs to the intestate estate of the deceased couple, purpose. . . .
conformably to the following Article 979 of the Civil Code:

Art. 979. Legitimate children and their descendant ssucceed the parents and other
ascendants, without distinction as to sex or age, and even if they should come from
different marriages. An adopted child succeeds to the property of the adopting parents in
the same manner as a legitimate child.

There is no question that as the legitimate daughter of Teodoro and thus the
granddaughter of Eleno and Rafaela, Doribel has a right to represent her deceased father
in the distribution of the intestate estate of her grandparents. Under Article 981, quoted
above, she is entitled to the share her father would have directly inherited had he
survived, which shall be equal to the shares of her grandparents' other children
IN THE MATTER OF THE ADOPTION OF THE MINOR SANTIAGO SEERES, DR. which are void from the beginning" (Article 289, Civil Code).
FERNANDO P. HOFILEA vs RP
That "adopted children" do not fall within the meaning of anyone of the above kinds of
The following facts are not disputed:chanrob1esual 1aw library descendants seems to be clear.

Petitioners are husband and wife. The husband is a physician and a professor of Pediatrics It is clear from the foregoing manifestation that the Office of the Solicitor General agrees
and Mental Hygiene at the University of Santo Tomas; They own not only the house where with the views expressed by the distinguished commentators cited therein to the effect
they live in Manila but also own residential and agricultural lands in Occidental Negros. that a person who has already an adopted child may still adopt another.
They are childless,
Reasons for the law to the above effect may perhaps be found in these considerations: the
Adoption Petition #1 they filed a petition with the Juvenile and Domestic Relations Court of persons who, in accordance with the provisions of Article 335(1) of the Civil Code, can not
Manila for the adoption of the minors Lourdes and Reynaldo Yusay, children of Dr. adopt are related by blood with the children whose existence prevents them from adopting
Eduardo G. Yusay and Eva Hofilea-Yusay. On November 14, 1962 the abovenamed Court any other child; the provision took into account the need to save or protect the
granted the petition in a decision that has long become executory. successional or hereditary rights of living children related to them by blood; upon the
other hand, the adoption of a minor child does not create or establish blood relationship
Adoption Petition # 2 named Santiago Seeres born on May 11, 1961 to appellants between him and the adopter; neither does the adopted child become the legitimate or
housemaid, Veronica E. Seeres and a certain Felix Lisondra. Since birth said minor had legitimated or natural child of the adopter, nor does he become a natural chi]d of the
been and has until now remained in the care of appellants who had become so much latter by legal fiction; adoption is, undoubtedly, a mere act of generosity on the part of the
attached to him that they finally decided to adopt him in accordance with law, with the full adopter and should not prevent the adopting parent or parents from carrying out another
consent of the minors mother. act of generosity by adopting another child. True, an adopted child acquires successional
rights by virtue of his adoption but it is plain to see that such right is not based on the
Thereafter, the lower court rendered the appealed decision dismissing the petition upon same consideration blood relationship that sustains the successional right of children
the ground that the provisions of Article 335, paragraph (1) of the Civil Code prohibits the in relation to their natural parents.
intended adoption because appellants had already previously adopted the two minors
mentioned heretofore.

ISSUE: Whether or not a person who already has an adopted child may still legally adopt
another.

HELD: Article 335 NCC

The words used in Article 335(1) of the Civil Code in enumerating the persons who "cannot
adopt" appear to be clear and unambiguous and have a clearly defined meaning in law.

"Legitimate children" are those conceived during the marriage and, in certain cases, those
conceived before but born during the marriage (4 Castan, 6th Ed., p. 6; Article 255, Civil
Code).

"Legitimated children" are those originally natural children but later considered as
legitimate by virtue of their recognition by both parents and the latters subsequent
marriage (4 Castan, supra; Article 271, Civil Code).

"Natural Children" are children "born outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other"
(Article 269, Civil Code). On the other hand, "acknowledged natural children" are natural
children duly acknowledged or recognized by the father and mother jointly, or by only one
of them (Article 276, Civil Code).

Finally, "natural children by legal fiction" are "children conceived or born of marriages
HERBERT CANG VS CA adoption signed by the child, and by each of its known living parents who is not
insane or hopelessly intemperate or has not abandoned the child.
FACTS: 3. Article 256 of the Family Code requires the written consent of the natural parent
for the decree of adoption to be valid unless the parent has abandoned the child or
1. Petitioner Herbert Cang and Anna Marie Clavano who were married on January 27, that the parent is "insane or hopelessly intemperate." In reference to
1973, begot three children, namely: Keith, born on July 3, 1973; Charmaine, born abandonment of a child by his parent, the act of abandonment imports "any
on January 23, 1977, and Joseph Anthony, born on January 3, 1981. conduct of the parent which evinces a settled purpose to forego all parental duties
and relinquish all parental claims to the child." It means "neglect or refusal to
2. During the early years of their marriage, the Cang couples relationship was
perform the natural and legal obligations of care and support which parents owe
undisturbed. Not long thereafter, however, Anna Marie learned of her husbands
their children." In this case, however, Herbert did not manifest any conduct that
alleged extramarital affair with Wilma Soco, a family friend of the Clavanos.
would forego his parental duties and relinquish all parental claims over his children
3. Anna Marie filed a petition for legal separation upon learning of her husband's
as to, constitute abandonment. Physical abandonment alone, without financial and
extramarital affairs, which the trial court approved the petition. Herbert sought a
moral desertion, is not tantamount to abandonment. While Herbert was physically
divorce from Anna Marie in the United States (Second Judicial District Court of the
absent, he was not remiss in his natural and legal obligations of love, care and
State of Nevada). The court granted sole custody of the 3 minor children to Anna,
support for his children. Aside from these letters, petitioner presented
reserving the rights of visitation to Herbert.
certifications of banks in the U.S.A. showing that even prior to the filing of the
4. Herbert took an American wife and thus became a naturalized American citizen. In
petition for adoption, he had deposited amounts for the benefit of his children. The
1986, he divorced his American wife and never remarried. He usually send
Court find pieces of documentary evidence that he maintained regular
financial support to his children while in USA
communications with his wife and children through letters and telephone, and
5. Ronald V. Clavano and Maria Clara Diago Clavano, respectively the brother and
send them packages catered to their whims. In a number of cases, this Court has
sister-in-law of Anna Marie filed for the adoption of the 3 minor children. The
held that parental authority cannot be entrusted to a person simply because he
petition bears the signature of then 14-year-old Keith signifying consent to his
could give the child a larger measure of material comfort than his natural parent.
adoption. Anna Marie likewise filed an affidavit of consent alleging that her
4. The law is clear that either parent may lose parental authority over the child only
husband had evaded his legal obligation to support his children. Herbert contest
for a valid reason. No such reason was established in the legal separation case.
the adoption, but the petition was already granted by the court which granted
Deprivation of parental authority is one of the effects of a decree of adoption. But
clavanos parental authority, on ground that the oppositor Herbert Cang has
there cannot be a valid decree of adoption in this case precisely because the
abandoned his children. And abandonment of a child by its parent is commonly
findings of the lower courts on the issue of abandonment of facts on record. The
specified by statute as a ground for dispensing with his consent to its adoption. CA
petition for adoption must be denied as it was filed without the required consent of
affirmed the decree of adoption, holding that Art. 188 of the FC require the written
their father who, by law and under the facts of the case at bar, has not abandoned
consent of the natural parents of the children to be adopted, but the consent of
them.
the parent who has abandoned the child is not necessary. It held that Herbert
failed to pay monthly support to his children because the bank accounts do not
5. The transfer of custody over the children to Anna Marie by virtue of the decree of
really serve what oppositor claimed in his offer of evidence `the aim and purpose
legal separation did not, of necessity, deprive petitioner of parental authority for
of providing for a better future and security of his family. Herbert elevated the
the purpose of placing the children up for adoption. Article 213 of the Family Code
case to the Court.
states: . . . in case of legal separation of parents, parental authority shall be
exercised by the parent designated by the court. In awarding custody, the court
ISSUE: Whether or not the 3 minor children be legally adopted without the written
shall take into account all relevant considerations, especially the choice of the child
consent of a natural parent on the ground that Herbert has abandoned them.
over seven years of age, unless the parent chosen is unfit.
RULING: Yes. 6. It should be noted, however, that the law only confers on the innocent spouse the
exercise of parental authority. Having custody of the child, the innocent spouse
1. Jurisdiction being a matter of substantive law, the established rule is that the shall implement the sum of parental rights with respect to his rearing and
statute in force at the time of the commencement of the action determines the care. The innocent spouse shall have the right to the childs services and earnings,
jurisdiction of the court.[12] As such, when private respondents filed the petition for and the right to direct his activities and make decisions regarding his care and
adoption on September 25, 1987, the applicable law was the Child and Youth control, education, health and religion.
Welfare Code, as amended by Executive Order No. 91.

2. Article 188 amended the statutory provision on consent for adoption, the written
consent of the natural parent to the adoption has remained a requisite for its
validity. Rule 99 of the Rules of the Court requires a written consent to the
Santos, et al. vs. Aranzanso, et al., No. L-23828, February 28, 1966 Abandonment under persuasive American rulings imports "any conduct on the part of
the parent which evinces a settled purpose to forgo all parental duties and relinquish all
Facts: A petition for adoption of Paulina, 17 years old and Aurora Santos, 8 years old, was parental claims to the child". It means "neglect or refusal to perform the natural and legal
filed by Simplicio Santos and Juliana Reyes in the CFI of Manila. It was alleged that both obligations of care and support which parents owe to their children." (2 Am. Jur. 2d,
parents of the minors have long been unheard from and could not be found in spite of Adoption, Sec. 32, pp. 886-887.) It can thus readily be seen that altho the CFI judgment
diligent efforts to locate them; that since the war said minors have been abandoned; and approving the adoption does not use the word "abandoned", its findings sufficiently
that for years since their infancy, said children have been continuously been in petitioners contain a set of facts and circumstances which truly constitutes a finding of abandonment.
care and custody. The consent to the adoption has been given by the guardian ad litem
appointed by the Court. After due publication and hearing, the adoption court granted the
petition for the adoption.
Subsequently eight years later Juliana Reyes died intestate. Simplicio Santos filed a Issue: WON a decree of adoption could be assailed collaterally in a settlement
proceeding.
petition for the settlement of the intestate estate of the former, stating among other
things that the surviving heirs of the deceased are: he, Paulina Santos and Aurora Santos.
The settled rule is that even when the jurisdiction of an inferior or special tribunal depends
He also asked that he be appointed administrator of the estate.
upon the existence of a fact to be established before it, the determination of that fact by
the tribunal cannot be questioned in a collateral attack upon its order.
Gregoria Aranzanso, alleging to be the first cousin of the deceased, filed an opposition to
the petition for appointment of administrator, asserting among others that the adoption of
The Court of Appeals erred in reviewing, under a collateral attack, the determination of the
Paulina and Aurora Santos is void ab initio for want of the written consent of their parents,
adoption court that the parents of Paulina and Aurora Santos had abandoned them. This is
who were then living and had not abandoned them.
so even if such fact of abandonment is deemed jurisdictional, a point which we need not
and do not rule upon in this case.
Demetria Ventura, alleging likewise to be the first cousin of the deceased and mother of
Paulina opposed also the petition of Simplicio and adopted the pleadings filed by
Aranzanso. For the same reason, it is not in point to argue here that Simplicio Santos in fact
concealed the adoption proceedings from the natural parents, thereby rendering the
The Court of Appeals sustained respondent-oppositors right to make a collateral attack judgment obtained therein null and void or being secured by extrinsic fraud. The rule is
against the adoption decree on the ground of failure to obtain the consent of the natural well recognized that a judgment can be set aside on the ground of extrinsic fraud only in a
parents was a jurisdictional defect rendering the adoption void ab initio. separate action brought for that purpose; not by way of collateral attack (Gomez vs.
Concepcion, 47 Phil. 717; Ramos vs. Maalac, 89 Phil. 270).
ISSUE 1: Consent of parents to adoption
Anent the alleged lack of notice of the adoption proceedings on the natural parents, suffice
The point to remember, however, is that under our law on the matter, consent by the it to mark that adoption is a proceeding in rem5 and that constructive notice, such as the
parents to the adoption is not an absolute requisite: publication duly made as aforesaid, is enough where the residence of the parents is
unknown (2 Am. Jur., 2d, Adoption, Sec. 56, p. 906). Notice, moreover, is not required in
adoption cases in regard to the abandoning parent
SEC. 3. Consent to adoption.There shall be filed with the petition a written
consent to the adoption signed by the child if over fourteen years of age and not
incompetent, and by each of its known living parents who is not insane or Assuming that Simplicio Santos was not validly married to Juliana Reyes, it will not make
hopelessly intemperate or has not abandoned such child, or if there are no such any difference as far as the right of respondents to intervene in the intestate proceedings
parents by the general guardian or guardian ad litem of the child, or if the child is is concerned. Juliana Reyes should then be deemed to have filed the petition for adoption
in the custody of an orphan asylum, children's home, or benevolent society or as a person whose status is single, not married. The defect would then lie only as to
person, by the proper officer or officers of such asylum, home, or society, or by Simplicio Santos, who, as allegedly married to another person, could not adopt without
such person; but if the child is illegitimate and has not been recognized, the joining his wife in the petition.6 It being the estate of Juliana Reyes that is the subject
consent of its father to the adoption shall not be required. (Rule 100, Old Rules of matter of the settlement proceedings, the flaw, if any, would not affect the consideration
Court.)4 of the right of Paulina and Aurora Santos to succeed as adopted children of Juliana Reyes,
to the exclusion of respondents.
Stated otherwise, if the natural parents have abandoned their children, consent to the
adoption by the guardian ad litem suffices.

ISSUE 2: Abandonment