Cang v.

CA 129
G.R. No. 105308, September 25, 1998, Romero, J.
Digested by Pat SpecPro
Topic: Rule 100

Herbert and Anna had 3 children. Later, a decree of their legal separation was granted and custody of
children was given to wife. Herbert left for the US, obtained a divorce decree against Anna, and married
another woman. Subsequently, the brother of Anna and his wife filed a petition to adopt the 3 children.
Opposed by Herbert on the ground of his lack of consent. RTC and CA issued a decree of adoption. SC
reversed holding that as a GR, written consent of the natural parent to the adoption is a requisite for its
validity. The only exceptions are when the parent (1) abandoned the child, or (2) is insane of hopelessly
intemperate. None of these is present in this case.

FACTS
Herbert and Anna Marie were married and had 3 children (Keith, Charmaine, Joseph).
Anna subsequently filed a petition for legal separation against Herbert on the ground of
adultery.
o LC granted Joint Manifestation of the spouses to live separately and for support of
the children P1,000 each monthly.
Herbert left for the US where he sought a divorce from Anna. This was granted and the
sole custody of the three minors were given to Anna.
Herbert married an American, became a naturalized American citizen, but later on divorced
this wife.
Ronald and Maria, brother and sister-in-law of Anna, filed a special proceeding for the
adoption of the three children.
o Anna filed an affidavit of consent saying that her husband had evaded his legal
obligation to support his children and had long forfeited his parental rights over
them.
Herbert filed an Opposition and moved to reacquire custody over his children. RTC Br. 19
granted this motion.
Meanwhile, RTC Br. 14 issued a decree of adoption ruling that Herbert effectively
abandoned his children and that abandonment is a ground for dispensing with his consent
to the adoption.
CA affirmed.
HERBERT: Petition for adoption was fatally defective because (1) he did not have a
written consent to the adoption and (b) he never abandoned his children.

ISSUE
Whether the decree of adoption should be upheld- NO. Petition fatally defective because it did
not have the written consent of Herbert.
RATIO
GR: the written consent of the natural parent to the adoption is a requisite for its validity1
The only exceptions are when the parent (1) abandoned the child, or (2) is insane of
hopelessly intemperate.
The court may acquire jurisdiction over the case even without the written consent of the
parents or one of them provided that the petition for adoption alleges facts sufficient to
warrant exemption from compliance therewith.
o BUT, in cases where one of the parents opposes the adoption primarily because his
consent thereto was not sought, the matter of whether he abandoned his child
becomes a proper issue for determination. The issue of abandonment by the
oppositor natural parent is a preliminary issue that an adoption court must confront.
o Only upon failure of the oppositor to prove to the satisfaction of the court that he
did not abandon his child may the petition for adoption be considered on the merits.

Herbert did not abandon his children; hence, lack of his consent to the adoption renders the
same invalid
Abandonment- any conduct of the parent which evinces a settled purpose to forego all
parental duties and relinquish all parental claims to the child; neglect or refusal to perform
the natural and legal obligations of care and support which parents owe their children.
Herberts conduct did not manifest a settled purpose to forego all parental duties and
relinquish all parental claims over his children as to constituted abandonment.
o Physical estrangement alone, without financial and moral desertion is not
tantamount to abandonment.
o While Herbert was physically absent as he was then in the US, he was not remiss
in his natural and legal obligations of love, care and support for his children. He
maintained regular communication with his wife and children through letters and
telephone.2He also used to send packages by mail and catered to their whims.
o He also presented certifications of banks in the US showing that even prior to the
filing of the petition for adoption, he had deposited amounts for the benefit of his
children.
The courts below emphasized the meagerness of the amounts he sent to his children and
the facts that as regards the deposits, these were withdrawable by him alone. Both courts
attached a high premium to the prospective adopters financial status but totally brushed
aside the possible repercussion of the adoption on the emotional and psychological well-
being of the children.
o Parental authority cannot be entrusted to a person simply because he could give the
child a larger measure of material comfort than his natural parent.

1
Art. 188, FC; Sec 3 Rule 9
Please see original to see copies of some of the letters J
2
 There should be proof that he had so emotionally abandoned the, that his children would
not miss his guidance and counsel.
o The letters he received form his children prove that Herbert maintained the more
important emotional tie between him and his children.
o The children needed him not only because he could cater to their whims but also
because he was a person they could share with their daily activities and problems.

DISPOSITIVE
Reversed. Petition granted.