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RULE 73 RULE 74
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
estate to himself by means of an affidavit shall file, involves real estate, shall be recorded in the proper
simultaneously with and as a condition precedent to register's office.
the filing of the public instrument, or stipulation in
Section 3. Bond to be filed by distributees. — The
the action for partition, or of the affidavit in the
court, before allowing a partition in accordance with
office of the register of deeds, a bond with the said
the provisions of the preceding section, my require
register of deeds, in an amount equivalent to the
the distributees, if property other than real is to be
value of the personal property involved as certified
distributed, to file a bond in an amount to be fixed
to under oath by the parties concerned and
by court, conditioned for the payment of any just
conditioned upon the payment of any just claim that
claim which may be filed under the next succeeding
may be filed under section 4 of this rule. It shall be
section.
presumed that the decedent left no debts if no
creditor files a petition for letters of administration Section 4. Liability of distributees and estate. — If
within two (2) years after the death of the decedent. it shall appear at any time within two (2) years after
the settlement and distribution of an estate in
The fact of the extrajudicial settlement or
accordance with the provisions of either of the first
administration shall be published in a newspaper of
two sections of this rule, that an heir or other person
general circulation in the manner provided in the
has been unduly deprived of his lawful participation
nest succeeding section; but no extrajudicial
in the estate, such heir or such other person may
settlement shall be binding upon any person who
compel the settlement of the estate in the courts in
has not participated therein or had no notice
the manner hereinafter provided for the purpose of
thereof.
satisfying such lawful participation. And if within the
Section 2. Summary settlement of estate of small same time of two (2) years, it shall appear that
value. — Whenever the gross value of the estate of there are debts outstanding against the estate
a deceased person, whether he died testate or which have not been paid, or that an heir or other
intestate, does not exceed ten thousand pesos, and person has been unduly deprived of his lawful
that fact is made to appear to the Court of First participation payable in money, the court having
Instance having jurisdiction of the estate by the jurisdiction of the estate may, by order for that
petition of an interested person and upon hearing, purpose, after hearing, settle the amount of such
which shall be held not less than one (1) month nor debts or lawful participation and order how much
more than three (3) months from the date of the and in what manner each distributee shall
last publication of a notice which shall be published contribute in the payment thereof, and may issue
once a week for three (3) consecutive weeks in a execution, if circumstances require, against the
newspaper of general circulation in the province, bond provided in the preceding section or against
and after such other notice to interest persons as the real estate belonging to the deceased, or both.
the court may direct, the court may proceed Such bond and such real estate shall remain
summarily, without the appointment of an executor charged with a liability to creditors, heirs, or other
or administrator, and without delay, to grant, if persons for the full period of two (2) years after
proper, allowance of the will, if any there be, to such distribution, notwithstanding any transfers of
determine who are the persons legally entitled to real estate that may have been made.
participate in the estate, and to apportion and divide
Section 5. Period for claim of minor or
it among them after the payment of such debts of
incapacitated person. — If on the date of the
the estate as the court shall then find to be due;
expiration of the period of two (2) years prescribed
and such persons, in their own right, if they are of
lawful age and legal capacity, or by their in the preceding section the person authorized to
file a claim is a minor or mentally incapacitated, or
guardians or trustees legally appointed and is in prison or outside the Philippines, he may
qualified, if otherwise, shall thereupon be entitled to present his claim within one (1) year after such
receive and enter into the possession of the portions disability is removed.
of the estate so awarded to them respectively. The
court shall make such order as may be just
respecting the costs of the proceedings, and all
orders and judgments made or rendered in the
course thereof shall be recorded in the office of the
clerk, and the order of partition or award, if it
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
Section 5. Person retaining will may be committed. But no newspaper publication shall be made where
— A person having custody of a will after the death the petition for probate has been filed by the
of the testator who neglects without reasonable testatorhimself.
cause to deliver the same, when ordered so to do,
Section 4. Heirs, devisees, legatees, and executors
to the court having jurisdiction, may be committed
to be notified by mail or personally. — The court
to prison and there kept until he delivers the will.
shall also cause copies of the notice of the time and
place fixed for proving the will to be addressed to
the designated or other known heirs, legatees, and
RULE 76 devisees of the testator resident in the Philippines
at their places of residence, and deposited in the
Allowance or Disallowance of Will
post office with the postage thereon prepaid at least
Section 1. Who may petition for the allowance of twenty (20) days before the hearing, if such places
will. — Any executor, devisee, or legatee named in of residence be known. A copy of the notice must in
a will, or any other person interested in the estate, like manner be mailed to the person named as
may, at any time after the death of the testator, executor, if he be not the petitioner; also, to any
petition the court having jurisdiction to have the will person named as coexecutor not petitioning, if their
allowed, whether the same be in his possession or places of residence be known. Personal service of
not, or is lost or destroyed. copies of the notice at lest (10) days before the day
of hearing shall be equivalent to mailing.
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
If the testator asks for the allowance of his own will, none of them resides in the Philippines, the court
notice shall be sent only to his compulsory heirs. may admit the testimony of other witnesses to
prove the sanity of the testator, and the due
Section 5. Proof at hearing. What sufficient in
execution of the will; and as evidence of the
absence of contest. — At the hearing compliance
execution of the will, it may admit proof of the
with the provisions of the last two preceding
handwriting of the testator and of the subscribing
sections must be shown before the introduction of witnesses, or of any of them.
testimony in support of the will. All such testimony
shall be taken under oath and reduced to writing. It Section 9. Grounds for disallowing will. — The will
no person appears to contest the allowance of the shall be disallowed in any of the following cases:
will, the court may grant allowance thereof on the
(a) If not executed and attested as required by law;
testimony of one of the subscribing witnesses only,
if such witness testify that the will was executed as (b) If the testator was insane, or otherwise mentally
is required by law. incapable to make a will, at the time of its
execution;
In the case of a holographic will, it shall be
necessary that at least one witness who knows the (c) If it was executed under duress, or the influence
handwriting and signature of the testator explicitly of fear, or threats;
declare that the will and the signature are in the
handwriting of the testator. In the absence of any (d) If it was procured by undue and improper
such competent witness, and if the court deem it pressure and influence, on the part of the
necessary, expert testimony may be resorted to. beneficiary, or of some other person for his benefit;
Section 6. Proof of lost or destroyed will. Certificate (e) If the signature of the testator was procured by
thereupon. — No will shall be proved as a lost or fraud or trick, and he did not intend that the
destroyed will unless the execution and validity of instrument should be his will at the time of fixing
the same be established, and the will is proved to his signature thereto.
have been in existence at the time of the death of
Section 10. Contestant to file grounds of contest.
the testator, or is shown to have been fraudulently
— Anyone appearing to contest the will must state
or accidentally destroyed in the lifetime of the
in writing his grounds for opposing its allowance,
testator without his knowledge, nor unless its
and serve a copy thereof on the petitioner and other
provisions are clearly and distinctly proved by at
parties interested in the estate.
least two (2) credible witnesses. When a lost will is
proved, the provisions thereof must be distinctly Section 11. Subscribing witnesses produced or
stated and certified by the judge, under the seal of accounted for where will contested. — If the will is
the court, and the certificate must be filed and contested, all the subscribing witnesses, and the
recorded as other wills are filed and recorded. notary in the case of wills executed under the Civil
Code of the Philippines, if present in the Philippines
Section 7. Proof when witnesses do not reside in
and not insane, must be produced and examined,
province. — If it appears at the time fixed for the
and the death, absence, or insanity of any of them
hearing that none of the subscribing witnesses
must be satisfactorily shown to the court. If all or
resides in the province, but that the deposition of
some of such witnesses are present in the
one or more of them can be taken elsewhere, the
Philippines but outside the province where the will
court may, on motion, direct it to be taken, and may
has been filed, their deposition must be taken. If
authorize a photographic copy of the will to be made
any or all of them testify against the due execution
and to be presented to the witness on his
of the will, or do not remember having attested to
examination, who may be asked the same questions
it, or are otherwise of doubtful credibility, the will
with respect to it, and to the handwriting of the
may nevertheless, be allowed if the court is satisfied
testator and others, as would be pertinent and
from the testimony of other witnesses and from all
competent if the original will were present.
the evidence presented that the will was executed
Section 8. Proof when witnesses dead or insane or and attested in the manner required by law.
do not reside in the Philippines. — If the appears at
If a holdgraphic will is contested, the same shall be
the time fixed for the hearing that the subscribing
allowed if at least three (3) witnesses who know the
witnesses are dead or insane, or that
handwriting of the testator explicitly declare that
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
the will and the signature are in the handwriting of Section 3. When will allowed, and effect thereof. —
the testator; in the absence of any competent If it appears at the hearing that the will should be
witnesses, and if the court deem it necessary, allowed in the Philippines, the shall so allow it, and
expert testimony may be resorted to. a certificate of its allowance, signed by the judge,
and attested by the seal of the court, to which shall
Section 12. Proof where testator petitions for
be attached a copy of the will, shall be filed and
allowance of holographic will. — Where the testator
recorded by the clerk, and the will shall have the
himself petitions for the probate of his holographic
same effect as if originally proves and allowed in
will and no contest is filed, the fact that the affirms
such court.
that the holographic will and the signature are in his
own handwriting, shall be sufficient evidence of the Section 4. Estate, how administered. — When a will
genuineness and due execution thereof. If the is thus allowed, the court shall grant letters
holographic will is contested, the burden of testamentary, or letters of administration with the
disproving the genuineness and due execution will annexed, and such letters testamentary or of
thereof shall be on the contestant. The testator to administration, shall extend to all the estate of the
rebut the evidence for the contestant. testator in the Philippines. Such estate, after the
payment of just debts and expenses of
Section 13. Certificate of allowance attached to
administration, shall be disposed of according to
prove will. To be recorded in the Office of Register
such will, so far as such will may operate upon it;
of Deeds. — If the court is satisfied, upon proof
and the residue, if any shall be disposed of as is
taken and filed, that the will was duly executed, and
provided by law in cases of estates in the Philippines
that the testator at the time of its execution was of
belonging to persons who are inhabitants of another
sound and disposing mind, and not acting under state or country.
duress, menace, and undue influence, or fraud, a
certificate of its allowance, signed by the judge, and
attested by the seal of the court shall be attached
RULE 78
to the will and the will and certificate filed and
recorded by the clerk. Attested copies of the will Letters Testamentary and of Administration,
devising real estate and of certificate of allowance When and to Whom Issued
thereof, shall be recorded in the register of deeds of
the province in which the lands lie. Section 1. Who are incompetent to serve as
executors or administrators. — No person in
competent to serve as executor or administrator
who:
RULE 77
(a) Is a minor;
Allowance of Will Proved Outside of
Philippines and Administration of Estate (b) Is not a resident of the Philippines; and
Thereunder
(c) Is in the opinion of the court unfit to execute the
Section 1. Will proved outside Philippines may be duties of the trust by reason of drunkenness,
allowed here. — Wills proved and allowed in a improvidence, or want of understanding or
foreign country, according to the laws of such integrity, or by reason of conviction of an offense
country, may be allowed, filed, and recorded by the involving moral turpitude.
proper Court of First Instance in the Philippines.
Section 2. Executor of executor not to administer
Section 2. Notice of hearing for allowance. — When estate. — The executor of an executor shall not, as
a copy of such will and of the order or decree of the such, administer the estate of the first testator.
allowance thereof, both duly authenticated, are filed
with a petition for allowance in the Philippines, by Section 3. Married women may serve. — A married
the executor or other person interested, in the court woman may serve as executrix or administratrix,
having jurisdiction, such court shall fix a time and and the marriage of a single woman shall not affect
place for the hearing, and cause notice thereof to her authority so to serve under a previous
be given as in case of an original will presented for appointment.
allowance.
Section 4. Letters testamentary issued when will
allowed. — When a will has been proved and
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
allowed, the court shall issue letters testamentary the court, after hearing upon notice, shall pass upon
thereon to the person named as executor therein, if the sufficiency of such grounds. A petition may, at
he is competent, accepts the trust, and gives bond the time, be filed for letters of administration with
as required by these rules. the will annexed.
Section 5. Where some coexecutors disqualified Section 2. Contents of petition for letters of
others may act. — When all of the executors named administration. — A petition for letters of
in a will can not act because of incompetency, administration must be filed by an interested person
refusal to accept the trust, or failure to give bond, and must show, so far as known to the petitioner:
on the part of one or more of them, letters
(a) The jurisdictional facts;
testamentary may issue to such of them as are
competent, accept and give bond, and they may (b) The names, ages, and residences of the heirs,
perform the duties and discharge the trust required and the names and residences of the creditors, of
by the will. the decedent;
Section 6. When and to whom letters of (c) The probable value and character of the property
administration granted. — If no executor is named of the estate;
in the will, or the executor or executors are
incompetent, refuse the trust, or fail to give bond, (d) The name of the person for whom letters of
or a person dies intestate, administration shall be administration are prayed.
granted:
But no defect in the petition shall render void the
(a) To the surviving husband or wife, as the case issuance of letters of administration.
may be, or next of kin, or both, in the discretion of
Section 3. Court to set time for hearing. Notice
the court, or to such person as such surviving
thereof. — When a petition for letters of
husband or wife, or next of kin, requests to have
administration is filed in the court having
appointed, if competent and willing to serve;
jurisdiction, such court shall fix a time and place for
(b) If such surviving husband or wife, as the case hearing the petition, and shall cause notice thereof
may be, or next of kin, or the person selected by to be given to the known heirs and creditors of the
them, be incompetent or unwilling, or if the husband decedent, and to any other persons believed to have
or widow, or next of kin, neglects for thirty (30) an interest in the estate, in the manner provided in
days after the death of the person to apply for sections 3 and 4 of Rule 76.
administration or to request that administration be
Section 4. Opposition to petition for
granted to some other person, it may be granted to
administration. — Any interested person may, by
one or more of the principal creditors, if may be
filing a written opposition, contest the petition on
granted to one or more of the principal creditors, if
the ground of the incompetency of the person for
competent and willing to serve;
whom letters are prayed therein, or on the ground
(c) If there is no such creditor competent and willing of the contestant's own right to the administration,
to serve, it may be granted to such other person as and may pray that letters issue to himself, or to any
the court may select. competent person or person named in the
opposition.
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
be granted to any qualified applicant, though it (a) To make and return to the court, within three
appears that there are other competent persons (3) months, a true and complete inventory of all
having better right to the administration, if such goods, chattels, rights, credits, and estate of the
persons fail to appear when notified and claim the deceased which shall come to his possession or
issuance of letters to themselves. knowledge or to the possession of any other person
for him;
Section 2. Powers and duties of special (d) To perform all orders of the court by him to be
adminsitrator. — Such special administrator shall performed.
take possession and charge of the goods, chattels,
Section 2. Bond of executor where directed in
rights, credits, and estate of the deceased and
will. When further bond required. — If the testator
preserve the same for the executors or
in his will directs that the executors serve without
administrator afterwards appointed, and for that
bond, or with only his individual bond, he may be
purpose may commence and maintain suits as
allowed by the court to give bond in such sum and
administrator. He may sell only such perishable and
with such surety as the court approves conditioned
other property as the court orders sold. A special
only to pay the debts of the testator; but the court
administrator shall not be liable to pay any debts of
may require of the executor a further bond in case
the deceased unless so ordered by the court.
of a change in his circumstance, or for other
Section 3. When powers of special administrator sufficient case, with the conditions named in the last
cease. Transfer of effects. Pending suits. — When preceding section.
letters testamentary or of administration are
Section 3. Bonds of joint executors and
granted on the estate of the deceased, the powers
administrators. — When two or more persons are
of the special administrator shall cease, and he shall
appointed executors or administrators the court
forthwith deliver to the executor or administrator
may take a separate bond from each, or a joint bond
the goods, chattels, money, and estate of the
from all.
deceased in his hands. The executor or
administrator may prosecute to final judgment suits Section 4. Bond of special administrator. — A
commenced by such special administrator. special administrator before entering upon the
duties of his trust shall give a bond, in such sum as
the court directs, conditioned that he will make and
RULE 81 return a true inventory of the goods, chattels,
rights, credits, and estate of the deceased which
Bond of Executors and Administrators come to his possession or knowledge, and that he
will truly account for such as are received by him
Section 1. Bond to be given issuance of
when required by the court, and will deliver the
letters. Amount. Conditions. — Before an executor
same to the person appointed executor or
or administrator enters upon the execution of his
administrator, or to such other person as may be
trust, and letters testamentary or administration
authorized to receive them.
issue, he shall give a bond, in such sum as the court
directs, conditioned as follows:
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
exhibit to him all such books, papers, and property Section 3. When not accountable for debts due
in their hands or control. On the written application estate. — No executor or administrator shall be
of such executor or administrator, the court having accountable for debts due the deceased which
jurisdiction of the estate may order any such remain uncollected without his fault.
surviving partner or partners to freely permit the
Section 4. Accountable for income from realty used
exercise of the rights, and to exhibit the books,
by him. — If the executor or administrator uses or
papers, and property, as in this section provided,
occupies any part of the real estate himself, he shall
and may punish any partner failing to do so for
account for it as may be agreed upon between him
contempt.
and the parties interested, or adjusted by the court
Section 2. Executor or administrator to keep with their assent; and if the parties do not agree
buildings in repair. — An executor or administrator upon the sum to be allowed, the same may be
shall maintain in tenanble repair the houses and ascertained by the court, whose determination in
other structures and fences belonging to the estate, this respect shall be final.
and deliver the same in such repair to the heirs or
devisees when directed so to do by the court. Section 5. Accountable if he neglects or delays to
raise or pay money. — When an executor or
Section 3. Executor or administrator to retain administrator neglects or unreasonably delays to
whole estate to pay debts, and to administer estate raise money, by collecting the debts or selling the
not willed. — An executor or administrator shall real or personal estate of the deceased, or neglects
have the right to the possession and management to pay over the money he has in his hands, and the
of the real as well as the personal estate of the value of the estate is thereby lessened or
deceased so long as it is necessary for the payment unnecessary cost or interest accrues, or the persons
of the debts and the expenses of administration. interested suffer loss, the same shall be deemed
waste and the damage sustained may be charged
and allowed against him in his account, and he shall
RULE 85 be liable therefor on his bond.
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
has been attended with great difficulty, and has Section 11. Surety on bond may be party to
required a high degree of capacity on the part of the accounting. — Upon the settlement of the account
executor or administrator, a greater sum may be of an executor or administrator, a person liable as
allowed. If objection to the fees allowed be taken, surety in respect to such account may, upon
the allowance may be re-examined on appeal. application, be admitted as party to such
accounting.
If there are two or more executors or
administrators, the compensation shall be
apportioned among them by the court according to
RULE 86
the services actually rendered by them respectively.
Claims Against Estate
When the executors or administrator is an attorney,
he shall not charge against the estate any Section 1. Notice to creditors to be issued by court.
professional fees for legal services rendered by him. — Immediately after granting letters testamentary
or of administration, the court shall issue a notice
When the deceased by will makes some other
requiring all persons having money claims against
provision for the compensation of his executor, that
the decedent to file them in the office of the clerk of
provision shall be a full satisfaction for his services
said court.
unless by a written instrument filed in the court he
renounces all claim to the compensation provided Section 2. Time within which claims shall be filed.
by the will. — In the notice provided in the preceding section,
the court shall estate the time for the filing of claims
Section 8. When executor or administrator to
against the estate, which shall not be more than
render account. — Every executor or administrator
twelve (12) not less than six (6) months after the
shall render an account of his administration within
date of the first publication of the notice. However,
one (1) year from the time of receiving letters
at any time before an order of distribution is
testamentary or of administration, unless the court
entered, on application of a creditor who has failed
otherwise directs because of extensions of time for
to file his claim within the previously limited, the
presenting claims against, or paying the debts of,
court may, for cause shown and on such terms as
the estate, or for disposing of the estate; and he
are equitable, allow such claim to be filed within a
shall render such further accounts as the court may
time not exceeding one (1) month.
require until the estate is wholly settled.
Section 3. Publication of notice to creditors. —
Section 9. Examinations on oath with respect to
Every executor or administrator shall, immediately
account — The court may examine the executor or
after the notice to creditors is issued, cause the
administrator upon oath with respect to every
same to be published three (3) weeks successively
matter relating to any account rendered by him, and
in a newspaper of general circulation in the
shall so examine him as to the correctness of his
province, and to be posted for the same period in
account before the same is allowed, except when no
four public places in the province and in two public
objection is made to the allowance of the account
places in the municipality where the decedent last
and its correctness is satisfactorily established by
resided.
competent proof. The heirs, legatees, distributees,
and creditors of the estate shall have the same Section 4. Filing of copy of printed notice. — Within
privilege as the executor or administrator of being ten (10) days after the notice has been published
examined on oath on any matter relating to an and posted in accordance with the preceding
administration account. section, the executor or administrator shall file or
cause to be filed in the court a printed copy of the
Section 10. Account to be settled on notice. —
notice accompanied with an affidavit setting forth
Before the account of an executor or administrator
the dates of the first and last publication thereof and
is allowed, notice shall be given to persons
the name of the newspaper in which the same is
interested of the time and place of examining and
printed.
allowing the same; and such notice may be given
personally to such persons interested or by Section 5. Claims which must be filed under the
advertisement in a newspaper or newspapers, or notice. If not filed, barred; exceptions. — All claims
both, as the court directs. for money against the decent, arising from contract,
express or implied, whether the same be due, not
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
due, or contingent, all claims for funeral expenses under the direction of the court, if the court shall
and expense for the last sickness of the decedent, adjudge it to be for the best interest of the estate
and judgment for money against the decent, must that such redemption shall be made.
be filed within the time limited in the notice;
Section 8. Claim of executor or administrator
otherwise they are barred forever, except that they
against an estate. — If the executor or
may be set forth as counterclaims in any action that
administrator has a claim against the estate he
the executor or administrator may bring against the
represents, he shall give notice thereof, in writing,
claimants. Where an executor or administrator
to the court, and the court shall appoint a special
commences an action, or prosecutes an action
administrator, who shall, in the adjustment of such
already commenced by the deceased in his lifetime,
claim, have the same power and be subject to the
the debtor may set forth by answer the claims he
same liability as the general administrator or
has against the decedent, instead of presenting
executor in the settlement of other claims. The
them independently to the court as herein provided,
court may order the executor or administrator to
and mutual claims may be set off against each other
pay to the special administrator necessary funds to
in such action; and if final judgment is rendered in
defend such claim.
favor of the defendant, the amount so determined
shall be considered the true balance against the Section 9. How to file a claim. Contents thereof.
estate, as though the claim had been presented Notice to executor or administrator. — A claim may
directly before the court in the administration be filed by delivering the same with the necessary
proceedings. Claims not yet due, or contingent, may vouchers to the clerk of court and by serving a copy
be approved at their present value. thereof on the executor or administrator. If the
claim be founded on a bond, bill, note, or any other
Section 6. Solidary obligation of decedent. —
instrument, the original need not be filed, but a
Where the obligation of the decedent is solidary with
copy thereof with all indorsements shall be attached
another debtor, the claim shall be filed against the
to the claim and filed therewith. On demand,
decedent as if he were the only debtor, without
however, of the executor or administrator, or by
prejudice to the right of the estate to recover
order of the court or judge, the original shall be
contribution from the debtor. In a joint obligation of
exhibited, unless it be list or destroyed, in which
the decedent, the claim shall be confined to the
case the claimant must accompany his claim with
portion belonging to him.
affidavit or affidavits containing a copy or particular
Section 7. Mortgage debt due from estate. — A description of the instrument and stating its loss or
creditor holding a claim against the deceased destruction. When the claim is due, it must be
secured by mortgage or other colateral security, supported by affidavit stating the amount justly
may abandon the security and prosecute his claim due, that no payments have been made thereon
in the manner provided in this rule, and share in the which are not credited, and that there are no offsets
general distribution of the assets of the estate; or to the same, to the knowledge of the affiant. If the
he may foreclose his mortgage or realize upon his claim is not due, or is contingent, when filed, it must
security, by action in court, making the executor or also be supported by affidavits stating the
administrator a party defendant, and if there is a particulars thereof. When the affidavit is made by a
judgment for a deficiency, after the sale of the person other than the claimant, he must set forth
mortgaged premises, or the property pledged, in therein the reason why it is not made by the
the foreclosure or other proceeding to realize upon claimant. The claim once filed shall be attached to
the security, he may claim his deficiency judgment the record of the case in which the letters
in the manner provided in the preceding section or testamentary or of administration were issued,
he may rely upon his mortgage or other security although the court, in its discretion, and as a matter
alone, and foreclosure the same at any time within of convenience, may order all the claims to be
the period of the statute of limitations, and in that collected in a separate folder.
event he shall not be admitted as a creditor, and
Section 10. Answer of executor or
shall receive no share in the distribution of the other
administrator. Offsets —Within fifteen (15) days
assets of estate; but nothing herein contained shall
after service of a copy of the claim on the executor
prohibit the executor or administrator from
or administrator, he shall file his answer admitting
redeeming the property mortgaged or pledged, by
or denying the claim specifically, and setting forth
paying the debt for which it is held as security,
the admission or denial. If he has no knowledge
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discloses the right, title, interest, or claim of the interest, debt, or credit for the benefit of the
deceased, the court may cite such suspected person creditors; but he shall not be bound to commence
to appear before it any may examine him on oath the action unless on application of the creditors of
on the matter of such complaint; and if the person the deceased, not unless the creditors making the
so cited refuses to appear, or to answer on such application pay such part of the costs and expenses,
examination or such interrogatories as are put to or give security therefor to the executor or
him, the court may punish him for contempt, and administrator, as the court deems equitable.
may commit him to prison until he submits to the
Section 10. When creditor may bring action. Lien
order of the court. The interrogatories put any such
for costs. — When there is such a deficiency of
person, and his answers thereto, shall be in writing
assets, and the deceased in his lifetime had made
and shall be filed in the clerk's office.
or attempted such a conveyance, as is stated in the
Section 7. Person entrusted with estate compelled last preceding section, and the executor or
to render account. — The court, on complaint of an administrator has not commenced the action
executor or administrator, may cite a person therein provided for, any creditor of the estate may,
entrusted by an executor or administrator with any with the permission of the court, commence and
part of the estate of the deceased to appear before prosecute to final judgment, in the name of the
it, and may require such person to render a full executor or administrator, a like action for the
account, on oath, of the money, goods, chattels, recovery of the subject of the conveyance or
bonds, account, or other papers belonging to such attempted conveyance for the benefit of the
estate as came to his possession in trust for such creditors. But the action shall not be commenced
executor or administrator, and of his proceedings until the creditor has filed in a court a bond
thereon; and if the person so cited refuses to appear executed to the executor or administrator, in an
to render such account, the court may punish him amount approved by the judge, conditioned to
for contempt as having disobeyed a lawful order of indemnify the executor or administrator against the
the court. costs and expenses incurred by reason of such
action. Such creditor shall have a lien upon any
Section 8. Embezzlement before letters issued —
judgment recovered by him in the action for such
If a person, before the granting of letters
costs and other expenses incurred therein as the
testamentary or of administration on the estate of
court deems equitable. Where the conveyance or
the deceased, embezzles or alienates any of the
attempted conveyance had been made by the
money, goods, chattels, or effects of such
deceased in his lifetime in favor of the executor or
deceased, such person shall be liable to an action in
administrator, the action which a credit may bring
favor of the executor or administrator of the estate
shall be in the name of all the creditors, and
for double the value of the property sold,
permission of the court and filing of bond as above
embezzled, or alienated, to be recovered for the prescribed, are not necessary.
benefit of such estate.
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will; but if the provision made by the will or the the estate they have respectively received from the
estate appropriated, is not sufficient for that property of the deceased.
purpose, such part of the estate of the testator, real
Section 6. Court to fix contributive shares where
or personal, as is not disposed of by will, if any shall
devisees, legalitees, or heirs have been possession.
be appropriated for that purpose.
— Where devisees, legalitees, or heirs have entered
Section 3. Personalty first chargeable for debts, into possession of portions of the estate before the
then realty. — The personal estate of the deceased debts and expenses have been settled and paid, and
not disposed of by will shall be first chargeable with have become liable to contribute for the payment of
the payment of debts and expenses; and if said such debts and expenses, the court having
personal estate is not sufficient for tat purpose, or jurisdiction of the estate may, by order for that
its sale would redound to the detriment of the purpose, after hearing, settle the amount of their
participants for the estate, the whole of the real several liabilities, and order how much and in what
estate not dispose of by will, or so much thereof as manner each person shall contribute, and may issue
is necessary, may be sold, mortgaged, or otherwise execution as circumstances require.
encumbered for that purpose by the executor or
Section 7. Order of payment if estate insolvent —
administrator, after obtaining the authority of the
If the assets which can be appropriated for the
court therefor. Any deficiency shall be met by
payment of debts are not sufficient for that purpose,
contributions in accordance with the provisions of
the executor or administrator shall pay the debts
section 6 of this rule.
against the estate, observing the provisions of
Section 4. Estate to be retained to meet contingent Articles 1059 and 2239 to 2251 of the Civil Code.
claims. — If the court is satisfied that a contingent
Section 8. Dividends to be paid in proportion to
claim duly filed is valid, it may order the executor
claims. — If there are no assets sufficient to pay the
or administrator to retain in his hands sufficient
credits of any once class of creditors after paying
estate to pay such contingent claim when the same
the credits entitled to preference over it, each
becomes absolute, or if the estate is insolvent,
creditor within such class shall be paid a dividend in
sufficient to pay a portion equal to the dividend of
proportion to his claim. No creditor of any one class
the other creditors.
shall receive any payment until those of the
Section 5. How contingent claim becoming preceding class are paid.
absolute in two years allowed and paid. Action
Section 9. Estate of insolvent non-resident, how
against distributees later. — If such contingent
disposed of. — In case administration is taken in the
claim becomes absolute and is presented to the
Philippine of the estate of a person who was at the
court, or to the executor or administrator, within
time of his death an inhabitant of another country,
two (2) years from the time limited for other
and who died insolvent, hi estate found in the
creditors to present their claims, it may be allowed
Philippines shall, as far as practicable, be so
by the court if not disputed by the executor or
disposed of that his creditors here and elsewhere
administrator and, if disputed, it may be proved and
may receive each an equal share, in proportion to
allowed or disallowed by the court as the facts may
their respective credits.
warrant. If the contingent claim is allowed, the
creditor shall receive payment to the same extent Section 10. When and how claim proved outside
as the other creditors if the estate retained by the the Philippines against insolvent resident's estate
executor or administrator is sufficient. But if the paid. — If it appears to the court having jurisdiction
claim is not so presented, after having become that claims have been duly proven in another
absolute, within said two (2) years, and allowed, the country against the estate of an insolvent who was
assets retained in the hands of the executor or at the time of his death an inhabitant of the
administrator, not exhausted in the payment of Philippines, and that the executor or administrator
claims, shall be disturbed by the order of the court in the Philippines had knowledge of the presentation
to the persons entitled to the same; but the assets of such claims in such country and an opportunity
so distributed may still be applied to the payment to contest their allowance, the court shall receive a
of the claim when established, and the creditor may certified list of such claims, when perfected in such
maintain an action against the distributees to country, and add the same to the list of claims
recover the debt, and such distributees and their proved against the deceased person in the
estates shall be liable for the debt in proportion to Philippines so that a just distribution of the whole
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Judge Marlo Malagar
estate may be made equally among all its creditors executor or administrator and after hearing on such
according to their respective claims; but the benefit notice of the time and place therefor given to all
of this and the preceding sections shall not be persons interested as it shall direct, extend the time
extended to the creditors in another country if the as the circumstances of the estate require not
property of such deceased person there found is not exceeding six (6) months for a single extension not
equally apportioned to the creditors residing in the so that the whole period allowed to the original
Philippines and the other creditor, according to their executor or administrator shall exceed two (2)
respective claims. years.
Section 11. Order for payment of debts. — Before Section 16. Successor of dead executor or
the expiration of the time limited for the payment administrator may have time extended on notice
of the debts, the court shall order the payment within certain period. — When an executor or
thereof, and the distribution of the assets received administrator dies, and a new administrator of the
by the executor or administrator for that purpose same estate is appointed, the court may extend the
among the creditors, as the circumstances of the time allowed for the payment of the debts or
estate require and in accordance with the provisions legacies beyond the time allowed to the original
of this rule. executor or administrator, not exceeding six (6)
months at a time and not exceeding six (6) months
Section 12. Orders relating to payment of debts
beyond the time which the court might have allowed
where appeal is taken. — If an appeal has been
to such original executor or administrator; and
taken from a decision of the court concerning a
notice shall be given of the time and place for
claim, the court may suspend the order for the
hearing such application, as required in the last
payment of the debts or may order the distributions preceding section.
among the creditors whose claims are definitely
allowed, leaving in the hands of the executor or
administrator sufficient assets to pay the claim
RULE 89
disputed and appealed. When a disputed claim is
finally settled the court having jurisdiction of the Sales, Mortgages, and Other Encumbrances of
estate shall order the same to be paid out of the Property of Decedent
assets retained to the same extent and in the same
proportion with the claims of other creditors. Section 1. Order of sale of personalty. — Upon the
application of the executor or administrator, and on
Section 13. When subsequent distribution of written notice to the heirs and other persons
assets ordered. — If the whole of the debts are not interested, the court may order the whole or a part
paid on the first distribution, and if the whole assets of the personal estate to be sold, if it appears
are not distributed, or other assets afterwards come necessary for the purpose of paying debts,
to the hands of the executor or administrator, the expenses of administration, or legacies, or for the
court may from time to time make further orders preservation of the property.
for the distributions of assets.
Section 2. When court may authorize sale,
Section 14. Creditors to be paid in accordance with mortgage, or other encumbrance of realty to pay
terms of order. — When an order is made for the debts and legacies through personalty not
distribution of assets among the creditors, the exhausted. — When the personal estate of the
executor or administration shall, as soon as the time deceased is not sufficient to pay the debts,
of payment arrives, pay the creditors the amounts expenses of administration, and legacies, or where
of their claims, or the dividend thereon, in the sale of such personal estate may injure the
accordance with the terms of such order. business or other interests of those interested in the
estate, and where a testator has not otherwise
Section 15. Time for paying debts and legacies
made sufficient provision for the payment of such
fixed, or extended after notice, within what periods.
debts, expenses, and legacies, the court, on the
— On granting letters testamentary or
application of the executor or administrator and on
administration the court shall allow to the executor
written notice of the heirs, devisees, and legatees
or administrator a time for disposing of the estate
residing in the Philippines, may authorize the
and paying the debts and legacies of the deceased,
executor or administrator to sell, mortgage, or
which shall not, in the first instance, exceed one (1)
otherwise encumber so much as may be necessary
year; but the court may, on application of the
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Judge Marlo Malagar
of the real estate, in lieu of personal estate, for the mortgage, or otherwise encumber the real estate
purpose of paying such debts, expenses, and for the payment of debts or legacies in the other
legacies, if it clearly appears that such sale, country, in same manner as for the payment of
mortgage, or encumbrance would be beneficial to debts or legacies in the Philippines.
the persons interested; and if a part cannot be sold,
Section 6. When court may authorize sale,
mortgaged, or otherwise encumbered without
mortgage, or other encumbrance of realty acquired
injury to those interested in the remainder, the
on execution or foreclosure. — The court may
authority may be for the sale, mortgage, or other
authorize an executor or administrator to sell
encumbrance of the whole of such real estate, or so
mortgage, or otherwise encumber real estate
much thereof as is necessary or beneficial under the
acquired by him on execution or foreclosure sale,
circumstances.
under the same cicumstances and under the same
Section 3. Persons interested may prevent such regulations as prescribed in this rule for the sale,
sale, etc., by giving bond. — No such authority to mortgage, or other encumbrance of other real
sell, mortgage, or otherwise encumber real or estate.
personal estate shall be granted if any person
Section 7. Regulation for granting authority to sell,
interested in the estate gives a bond, in a sum to be
mortgage, or otherwise encumber estate. — The
fixed by the court, conditioned to pay the debts,
court having jurisdiction of the estate of the
expenses of administration, and legacies within
deceased may authorize the executor or
such time as the court directs; and such bond shall
administrator to sell personal estate, or to sell,
be for the security of the creditors, as well as of the
mortgage, or otherwise encumber real estate, in
executor or administrator, and may be prosecuted
for the benefit of either. cases provided by these rules and when it appears
necessary or beneficial under the following
Section 4. When court may authorize sale of estate regulations.
as beneficial to interested persons. Disposal of
(a) The executor or administrator shall file a written
proceeds. — When it appears that the sale of the
petition setting forth the debts due from the
whole or a part of the real or personal estate, will
deceased, the expenses of administration, the
be beneficial to the heirs, devisees, legatees, and
legacies, the value of the personal estate, the
other interested persons, the court may, upon
situation of the estate to be sold, mortgaged, or
application of the executor or administrator and on
otherwise encumbered, and such other facts as
written notice to the heirs, devisees, and legatees
show that the sale, mortgage, or other
who are interested in the estate to be sold,
encumbrance is necessary or beneficial.
authorize the executor or administrator to sell the
whole or a part of said estate, although not (b) The court shall thereupon fix a time and place
necessary to pay debts, legacies, or expenses of for hearing such petition, and cause notice stating
administration; but such authority shall not be the nature of the petition, the reasons for the same,
granted if inconsistent with the provisions of a will. and the time and place of hearing, to be given
In case of such sale, the proceeds shall be assigned personally or by mail to the persons interested, and
to the persons entitled to the estate in the proper may cause such further notice to be given, by
proportions. publication or otherwise, as it shall deem proper;
Section 5. When court may authorize sale, (c) If the court requires it, the executor or
mortgage, or other encumbrance of estate to pay administrator shall give an additional bond, in such
debts and legacies in other countries. — When the sum as the court directs, conditioned that such
sale of personal estate, or the sale, mortgage, or executor or administrator will account for the
other encumbrance of real estate is not necessary proceeds of the sale, mortgage, or other
to pay the debts, expenses of administration, or encumbrance;
legacies in the Philippines, but it appears from
records and proceedings of a probate court in (d) If the requirements in the preceding
another country that the estate of the deceased in subdivisions of this section have been complied
such other country is not sufficient to pay the debts, with, the court, by order stating such compliance,
expenses of administration, and legacies there, the may authorize the executor or administrator to sell,
court here may authorize the executor or mortgage, or otherwise encumber, in proper cases,
administrator to sell the personal estate or to sell, such part of the estate as is deemed necessary, and
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Section 4. Recording the order of partition of The court, at the instance of an interested party, or
estate. — Certified copies of final orders and on its own motion, may order the establishment of
judgments of the court relating to the real estate or a permanent trust, so that the only income from the
the partition thereof shall be recorded in the registry property shall be used.
of deeds of the province where the property is
Section 4. When and by whom claim to estate filed.
situated.
— If a devisee, legatee, heir, widow, widower, or
other person entitled to such estate appears and
files a claim thereto with the court within five (5)
RULE 91
years from the date of such judgment, such person
Escheats shall have possession of and title to the same, or if
sold, the municipality or city shall be accountable to
Section 1. When an by whom petition filed. — him for the proceeds after deducting reasonable
When a person dies intestate, seized of real charges for the care of the estate; but a claim not
property in the Philippines, leaving no heir or person made within the said time shall be forever barred.
by law entitled to the same, the Solicitor General or
his representative in behalf of the Republic of the Section 5. Other actions for escheat. — Until
Philippines, may file a petition in the Court of First otherwise provided by law, actions reversion or
Instance of the province where the deceased last escheat of properties alienated in violation of the
resided or in which he had estate, if he resided out Constitution or of any statute shall be governed by
of the Philippines, setting forth the facts, and this rule, except that the action shall be instituted
praying that the estate of the deceased be declared in the province where the land lies in whole or in
escheated. part.
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every child who is a foundling, neglected, orphaned, committed to the Department or to a duly licensed
or abandoned. To this end, the State shall: and accredited child-placing or child-caring agency,
freed of the parental authority of his biological
(i) Ensure that every child remains under the care
parents, or in case of rescission of adoption, his
and custody of his parents and is provided with love,
guardian or adopter(s).
care, understanding and security for the full and
harmonious development of his personality. Only (c) “Voluntarily committed child” is one whose
when such efforts prove insufficient and no parents knowingly and willingly relinquish parental
appropriate placement or adoption within the child’s authority over him in favor of the Department.
extended family is available shall adoption by an
(d) “Involuntarily committed child” is one whose
unrelated person be considered.
parents, known or unknown, have been
(ii) Safeguard the biological parents from making permanently and judicially deprived of parental
hasty decisions in relinquishing their parental authority over him due to abandonment;
authority over their child; substantial, continuous or repeated neglect and
abuse; or incompetence to discharge parental
(iii) Prevent the child from unnecessary separation
responsibilities.
from his biological parents;
(e) “Foundling” refers to a deserted or abandoned
(iv) conduct public information and educational
infant or child whose parents, guardian or relatives
campaigns to promote a positive environment for
are unknown; or a child committed to an orphanage
adoption;
or charitable or similar institution with unknown
(v) ensure that government and private sector facts of birth and parentage and registered in the
agencies have the capacity to handle adoption Civil Register as a “foundling.”
inquiries, process domestic adoption applications
(f) “Abandoned child” refers to one who has no
and offer adoption-related services including, but
proper parental care or guardianship or whose
not limited to, parent preparation and post-adoption
parents have deserted him for a period of at least
education and counseling;
six (6) continuous months and has been judicially
(vi) encourage domestic adoption so as to preserve declared as such.
the child’s identity and culture in his native land,
(g) “Dependent child” refers to one who is without
and only when this is not available shall inter-
a parent, guardian or custodian or one whose
country adoption be considered as a last resort; and
parents, guardian or other custodian for good cause
(vii) protect adoptive parents from attempts to desires to be relieved of his care and custody and is
disturb their parental authority and custody over dependent upon the public for support.
their adopted child.
(h) “Neglected child” is one whose basic needs have
Any voluntary or involuntary termination of parental been deliberately not attended to or inadequately
authority shall be administratively or judicially attended to, physically or emotionally, by his
declared so as to establish the status of the child as parents or guardian.
“legally available for adoption” and his custody
(i) “Physical neglect” occurs when the child is
transferred to the Department of Social Welfare and
malnourished, ill-clad and without proper shelter.
Development or to any duly licensed and accredited
child-placing or child-caring agency, which entity (j) “Emotional neglect” exists when a child is raped,
shall be authorized to take steps for the permanent seduced, maltreated, exploited, overworked or
placement of the child. made to work under conditions not conducive to
good health or made to beg in the streets or public
Section 3. Definition of Terms.— For purposes of
places, or placed in moral danger, or exposed to
this Rule:
drugs, alcohol, gambling, prostitution and other
(a) “Child” is a person below eighteen (18) years of vices.
age at the time of the filing of the petition for
(k) “Child-placement agency” refers to an agency
adoption.
duly licensed and accredited by the Department to
(b) “A child legally available for adoption” refers to provide comprehensive child welfare services
a child who has been voluntarily or involuntarily including, but not limited to, receiving applications
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for adoption, evaluating the prospective adoptive (u) “Pre-Adoption Services” refer to psycho-social
parents and preparing the adoption home study services provided by professionally-trained social
report. workers of the Department, the social services units
of local governments, private and government
(l) “Child-caring agency” refers to an agency duly
health facilities, Family Courts, licensed and
licensed and accredited by the Department that
accredited child-caring and child-placement
provides 24-hour residential care services for
agencies and other individuals or entities involved
abandoned, orphaned, neglected or voluntarily
in adoption as authorized by the Department.
committed children.
(v) “Residence” means a person’s actual stay in the
(m) “Department” refers to the Department of
Philippines for three (3) continuous years
Social Welfare and Development.
immediately prior to the filing of a petition for
(n) “Deed of Voluntary Commitment” refers to the adoption and which is maintained until the adoption
written and notarized instrument relinquishing decree is entered. Temporary absences for
parental authority and committing the child to the professional, business, health, or emergency
care and custody of the Department executed by reasons not exceeding sixty (60) days in one (1)
the child’s biological parents or in their absence, year does not break the continuity requirement.
mental incapacity or death, by the child’s legal
(w) “Alien” refers to any person, not a Filipino
guardian, to be witnessed by an authorized
citizen, who enters and remains in the Philippines
representative of the Department after counseling
and is in possession of a valid passport or travel
and other services have been made available to
documents and visa.
encourage the biological parents to keep the child.
Section 4. Who may adopt.— The following may
(o) “Child Study Report” refers to a study made by
adopt:
the court social worker of the child’s legal status,
placement history, psychological, social, spiritual, (1) Any Filipino citizen of legal age, in possession of
medical, ethno-cultural background and that of his full civil capacity and legal rights, of good moral
biological family needed in determining the most character, has not been convicted of any crime
appropriate placement for him. involving moral turpitude; who is emotionally and
psychologically capable of caring for children, at
(p) “Home Study Report” refers to a study made by
least sixteen (16) years older than the adoptee, and
the court social worker of the motivation and
who is in a position to support and care for his
capacity of the prospective adoptive parents to
children in keeping with the means of the family.
provide a home that meets the needs of a child.
The requirement of a 16-year difference between
(q) “Supervised trial custody” refers to the period of the age of the adopter and adoptee may be waived
time during which a social worker oversees the when the adopter is the biological parent of the
adjustment and emotional readiness of both adoptee or is the spouse of the adoptee’s parent;
adopters and adoptee in stabilizing their filial
(2) Any alien possessing the same qualifications as
relationship.
above-stated for Filipino nationals: Provided, That
(r) “Licensed Social Worker” refers to one who his country has diplomatic relations with the
possesses a degree in bachelor of science in social Republic of the Philippines, that he has been living
work as a minimum educational requirement and in the Philippines for at least three (3) continuous
who has passed the government licensure years prior to the filing of the petition for adoption
examination for social workers as required by and maintains such residence until the adoption
Republic Act No. 4373. decree is entered, that he has been certified by his
diplomatic or consular office or any appropriate
(s) “Simulation of birth” is the tampering of the civil government agency to have the legal capacity to
registry to make it appear in the birth records that adopt in his country, and that his government
a certain child was born to a person who is not his allows the adoptee to enter his country as his
biological mother, thus causing such child to lose his adopted child. Provided, further, That the
true identity and status. requirements on residency and certification of the
alien’s qualification to adopt in his country may be
(t) “Biological Parents” refer to the child’s mother
waived for the following:
and father by nature.
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Judge Marlo Malagar
(i) a former Filipino citizen who seeks to adopt a initiated within six (6) months from the time of
relative within the fourth (4th) degree of death of said parents.
consanguinity or affinity; or
(7) A child not otherwise disqualified by law or these
(ii) one who seeks to adopt the legitimate child of rules.
his Filipino spouse; or
Section 6. Venue.— The petition for adoption shall
(iii) one who is married to a Filipino citizen and be filed with the Family Court of the province or city
seeks to adopt jointly with his spouse a relative where the prospective adoptive parents reside.
within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse. Section 7. Contents of the Petition.— The petition
shall be verified and specifically state at the heading
(3) The guardian with respect to the ward after the of the initiatory pleading whether the petition
termination of the guardianship and clearance of his contains an application for change of name,
financial accountabilities. rectification of simulated birth, voluntary or
involuntary commitment of children, or declaration
Husband and wife shall jointly adopt, except in the of child as abandoned, dependent or neglected.
following cases:
(1) If the adopter is a Filipino citizen, the petition
(i) if one spouse seeks to adopt the legitimate child
shall allege the following:
of one spouse by the other spouse; or
(a) The jurisdictional facts;
(ii) if one spouse seeks to adopt his own illegitimate
child: Provided, however, That the other spouse has (b) That the petitioner is of legal age, in possession
signified his consent thereto; or of full civil capacity and legal rights; is of good moral
character; has not been convicted of any crime
(iii) if the spouses are legally separated from each
involving moral turpitude; is emotionally and
other.
psychologically capable of caring for children; is at
In case husband and wife jointly adopt or one least sixteen (16) years older than the adoptee,
spouse adopts the illegitimate child of the other, unless the adopter is the biological parent of the
joint parental authority shall be exercised by the adoptee or is the spouse of the adoptee’s parent;
spouses. and is in a position to support and care for his
children in keeping with the means of the family and
Section 5. Who may be adopted.— The following has undergone pre-adoption services as required by
may be adopted: Section 4 of Republic Act No. 8552.
(1) Any person below eighteen (18) years of age (2) If the adopter is an alien, the petition shall allege
who has been voluntarily committed to the the following:
Department under Articles 154, 155 and 156 of P.D.
No. 603 or judicially declared available for adoption; (a) The jurisdictional facts;
(2) The legitimate child of one spouse, by the other (b) Sub-paragraph 1(b) above;
spouse;
(c) That his country has diplomatic relations with
(3) An illegitimate child, by a qualified adopter to the Republic of the Philippines;
raise the status of the former to that of legitimacy;
(d) That he has been certified by his diplomatic or
(4) A person of legal age regardless of civil status, consular office or any appropriate government
if, prior to the adoption, said person has been agency to have the legal capacity to adopt in his
consistently considered and treated by the adopters country and his government allows the adoptee to
as their own child since minority; enter his country as his adopted child and reside
there permanently as an adopted child; and
(5) A child whose adoption has been previously
rescinded; or (e) That he has been living in the Philippines for at
least three (3) continuous years prior to the filing of
(6) A child whose biological or adoptive parents the petition and he maintains such residence until
have died: Provided, That no proceedings shall be the adoption decree is entered.
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The requirements of certification of the alien’s (d) The first name, surname or names by which the
qualification to adopt in his country and of residency adoptee is to be known and registered in the Civil
may be waived if the alien: Registry.
(i) is a former Filipino citizen who seeks to adopt a A certification of non-forum shopping shall be
relative within the fourth degree of consanguinity or included pursuant to Section 5, Rule 7 of the 1997
affinity; or Rules of Civil Procedure.
(ii) seeks to adopt the legitimate child of his Filipino Section 8. Rectification of Simulated Birth.— In
spouse; or case the petition also seeks rectification of a
simulated of birth, it shall allege that:
(iii) is married to a Filipino citizen and seeks to
adopt jointly with his spouse a relative within the (a) Petitioner is applying for rectification of a
fourth degree of consanguinity or affinity of the simulated birth;
Filipino spouse.
(b) The simulation of birth was made prior to the
(3) If the adopter is the legal guardian of the date of effectivity of Republic Act No. 8552 and the
adoptee, the petition shall allege that guardianship application for rectification of the birth registration
had been terminated and the guardian had cleared and the petition for adoption were filed within five
his financial accountabilities. years from said date;
(4) If the adopter is married, the spouse shall be a (c) The petitioner made the simulation of birth for
co-petitioner for joint adoption except if: the best interests of the adoptee; and
(a) one spouse seeks to adopt the legitimate child (d) The adoptee has been consistently considered
of the other, or and treated by petitioner as his own child.
(b) if one spouse seeks to adopt his own illegitimate Section 9. Adoption of a foundling, an abandoned,
child and the other spouse signified written consent dependent or neglected child.— In case the adoptee
thereto, or is a foundling, an abandoned, dependent or
neglected child, the petition shall allege:
(c) if the spouses are legally separated from each
other. (a) The facts showing that the child is a foundling,
abandoned, dependent or neglected;
(5) If the adoptee is a foundling, the petition shall
allege the entries which should appear in his birth (b) The names of the parents, if known, and their
certificate, such as name of child, date of birth, residence. If the child has no known or living
place of birth, if known; sex, name and citizenship parents, then the name and residence of the
of adoptive mother and father, and the date and guardian, if any;
place of their marriage.
(c) The name of the duly licensed child-placement
(6) If the petition prays for a change of name, it agency or individual under whose care the child is
shall also state the cause or reason for the change in custody; and
of name.
(d) That the Department, child-placement or child-
In all petitions, it shall be alleged: caring agency is authorized to give its consent.
(a) The first name, surname or names, age and Section 10. Change of name.— In case the petition
residence of the adoptee as shown by his record of also prays for change of name, the title or caption
birth, baptismal or foundling certificate and school must contain:
records.
(a) The registered name of the child;
(b) That the adoptee is not disqualified by law to be
(b) Aliases or other names by which the child has
adopted.
been known; and
(c) The probable value and character of the estate
(c) The full name by which the child is to be known.
of the adoptee.
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Section 11. Annexes to the Petition.— The (4) the date and place of hearing which shall be set
following documents shall be attached to the within six (6) months from the date of the issuance
petition: of the order and shall direct that a copy thereof be
published before the date of hearing at least once a
A. Birth, baptismal or foundling certificate, as the
week for three successive weeks in a newspaper of
case may be, and school records showing the name,
general circulation in the province or city where the
age and residence of the adoptee;
court is situated; Provided, that in case of
B. Affidavit of consent of the following: application for change of name, the date set for
hearing shall not be within four (4) months after the
1. The adoptee, if ten (10) years of age or over; last publication of the notice nor within thirty (30)
days prior to an election.
2. The biological parents of the child, if known, or
the legal guardian, or the child-placement agency, The newspaper shall be selected by raffle under the
child-caring agency, or the proper government supervision of the Executive Judge.
instrumentality which has legal custody of the child;
(5) a directive to the social worker of the court, the
3. The legitimate and adopted children of the social service office of the local government unit or
adopter and of the adoptee, if any, who are ten (10) any child-placing or child-caring agency, or the
years of age or over; Department to prepare and submit child and home
study reports before the hearing if such reports had
4. The illegitimate children of the adopter living with
not been attached to the petition due to
him who are ten (10) years of age or over; and
unavailability at the time of the filing of the latter;
5. The spouse, if any, of the adopter or adoptee. and
C. Child study report on the adoptee and his (6) a directive to the social worker of the court to
biological parents; conduct counseling sessions with the biological
parents on the matter of adoption of the adoptee
D. If the petitioner is an alien, certification by his and submit her report before the date of hearing.
diplomatic or consular office or any appropriate
government agency that he has the legal capacity At the discretion of the court, copies of the order of
to adopt in his country and that his government hearing shall also be furnished the Office of the
allows the adoptee to enter his country as his own Solicitor General through the provincial or city
adopted child unless exempted under Section 4(2); prosecutor, the Department and the biological
parents of the adoptee, if known.
E. Home study report on the adopters. If the
adopter is an alien or residing abroad but qualified If a change in the name of the adoptee is prayed for
to adopt, the home study report by a foreign in the petition, notice to the Solicitor General shall
adoption agency duly accredited by the Inter- be mandatory.
Country Adoption Board; and
Section 13. Child and Home Study Reports.— In
F. Decree of annulment, nullity or legal separation preparing the child study report on the adoptee, the
of the adopter as well as that of the biological concerned social worker shall verify with the Civil
parents of the adoptee, if any. Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not
Section 12. Order of Hearing.— If the petition and registered with the Civil Registry, it shall be the
attachments are sufficient in form and substance, responsibility of the social worker to register the
the court shall issue an order which shall contain the adoptee and secure a certificate of foundling or late
following: registration, as the case may be.
(1) the registered name of the adoptee in the birth The social worker shall establish that the child is
certificate and the names by which the adoptee has legally available for adoption and the documents in
been known which shall be stated in the caption; support thereof are valid and authentic, that the
(2) the purpose of the petition; adopter has sincere intentions and that the adoption
shall inure to the best interests of the child.
(3) the complete name which the adoptee will use
if the petition is granted; In case the adopter is an alien, the home study
report must show the legal capacity to adopt and
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Judge Marlo Malagar
that his government allows the adoptee to enter his c) one who is married to a Filipino citizen and seeks
country as his adopted child in the absence of the to adopt jointly with his or her spouse the latter’s
certification required under Section 7(b) of Republic relative within the fourth (4th) degree of
Act No. 8552. consanguinity or affinity.
If after the conduct of the case studies, the social If the child is below seven (7) years of age and is
worker finds that there are grounds to deny the placed with the prospective adopter through a pre-
petition, he shall make the proper recommendation adoption placement authority issued by the
to the court, furnishing a copy thereof to the Department, the court shall order that the
petitioner. prospective adopter shall enjoy all the benefits to
which the biological parent is entitled from the date
Section 14. Hearing.— Upon satisfactory proof the adoptee is placed with him.
that the order of hearing has been published and
jurisdictional requirements have been complied The social worker shall submit to the court a report
with, the court shall proceed to hear the petition. on the result of the trial custody within two weeks
The petitioner and the adoptee must personally after its termination.
appear and the former must testify before the
Section 16. Decree of Adoption.— If the
presiding judge of the court on the date set for
supervised trial custody is satisfactory to the parties
hearing.
and the court is convinced from the trial custody
The court shall verify from the social worker and report and the evidence adduced that the adoption
determine whether the biological parent has been shall redound to the best interests of the adoptee,
properly counseled against making hasty decisions a decree of adoption shall be issued which shall take
caused by strain or anxiety to give up the child; effect as of the date the original petition was filed
ensure that all measures to strengthen the family even if the petitioners die before its issuance.
have been exhausted; and ascertain if any
The decree shall:
prolonged stay of the child in his own home will be
inimical to his welfare and interest. A. State the name by which the child is to be known
and registered;
Section 15. Supervised Trial Custody.— Before
issuance of the decree of adoption, the court shall B. Order:
give the adopter trial custody of the adoptee for a
period of at least six (6) months within which the 1) the Clerk of Court to issue to the adopter a
parties are expected to adjust psychologically and certificate of finality upon expiration of the 15-day
emotionally to each other and establish a bonding reglementary period within which to appeal;
relationship. The trial custody shall be monitored by
2) the adopter to submit a certified true copy of the
the social worker of the court, the Department, or
decree of adoption and the certificate of finality to
the social service of the local government unit, or
the Civil Registrar where the child was originally
the child-placement or child-caring agency which
registered within thirty (30) days from receipt of the
submitted and prepared the case studies. During
certificate of finality. In case of change of name, the
said period, temporary parental authority shall be
decree shall be submitted to the Civil Registrar
vested in the adopter.
where the court issuing the same is situated.
The court may, motu proprio or upon motion of any
3) the Civil Registrar of the place where the adoptee
party, reduce the period or exempt the parties if it
was registered:
finds that the same shall be for the best interests of
the adoptee, stating the reasons therefor. a. to annotate on the adoptee’s original certificate
of birth the decree of adoption within thirty (30)
An alien adopter however must complete the 6-
days from receipt of the certificate of finality;
month trial custody except the following:
b. to issue a certificate of birth which shall not bear
a) a former Filipino citizen who seeks to adopt a
any notation that it is a new or amended certificate
relative within the fourth (4th) degree of
and which shall show, among others, the following:
consanguinity or affinity; or
registry number, date of registration, name of child,
b) one who seeks to adopt the legitimate child of his sex, date of birth, place of birth, name and
Filipino spouse; or
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Judge Marlo Malagar
citizenship of adoptive mother and father, and the 2) attempt on the life of the adoptee;
date and place of their marriage, when applicable;
3) sexual assault or violence; or
c. to seal the original certificate of birth in the civil
4) abandonment or failure to comply with parental
registry records which can be opened only upon
obligations.
order of the court which issued the decree of
adoption; and Adoption, being in the best interests of the child,
shall not be subject to rescission by the adopter.
d. to submit to the court issuing the decree of
However, the adopter may disinherit the adoptee
adoption proof of compliance with all the foregoing
for causes provided in Article 919 of the Civil Code.
within thirty days from receipt of the decree.
Section 20. Venue.— The petition shall be filed
If the adoptee is a foundling, the court shall order
with the Family Court of the city or province where
the Civil Registrar where the foundling was
the adoptee resides.
registered, to annotate the decree of adoption on
the foundling certificate and a new birth certificate Section 21. Time within which to file
shall be ordered prepared by the Civil Registrar in petition.— The adoptee, if incapacitated, must file
accordance with the decree. the petition for rescission or revocation of adoption
within five (5) years after he reaches the age of
Section 17. Book of Adoptions.— The Clerk of
majority, or if he was incompetent at the time of the
Court shall keep a book of adoptions showing the
adoption, within five (5) years after recovery from
date of issuance of the decree in each case,
such incompetency.
compliance by the Civil Registrar with Section
16(B)(3) and all incidents arising after the issuance Section 22. Order to Answer.— The court shall
of the decree. issue an order requiring the adverse party to answer
the petition within fifteen (15) days from receipt of
Section 18. Confidential Nature of Proceedings and
a copy thereof. The order and copy of the petition
Records.— All hearings in adoption cases, after
shall be served on the adverse party in such manner
compliance with the jurisdictional requirements
as the court may direct.
shall be confidential and shall not be open to the
public. All records, books and papers relating to the Section 23. Judgment.— If the court finds that the
adoption cases in the files of the court, the allegations of the petition are true, it shall render
Department, or any other agency or institution judgment ordering the rescission of adoption, with
participating in the adoption proceedings shall be or without costs, as justice requires.
kept strictly confidential.
The court shall order that the parental authority of
If the court finds that the disclosure of the the biological parent of the adoptee, if known, or
information to a third person is necessary for the legal custody of the Department shall be
security reasons or for purposes connected with or restored if the adoptee is still a minor or
arising out of the adoption and will be for the best incapacitated and declare that the reciprocal rights
interests of the adoptee, the court may, upon and obligations of the adopter and the adoptee to
proper motion, order the necessary information to each other shall be extinguished.
be released, restricting the purposes for which it
may be used. The court shall further declare that successional
rights shall revert to its status prior to adoption, as
Section 19. Rescission of Adoption of the of the date of judgment of judicial rescission. Vested
Adoptee.— The petition shall be verified and filed by rights acquired prior to judicial rescission shall be
the adoptee who is over eighteen (18) years of age, respected.
or with the assistance of the Department, if he is a
minor, or if he is over eighteen (18) years of age It shall also order the adoptee to use the name
but is incapacitated, by his guardian or counsel. stated in his original birth or foundling certificate.
The adoption may be rescinded based on any of the The court shall further order the Civil Registrar
following grounds committed by the adopter: where the adoption decree was registered to cancel
the new birth certificate of the adoptee and
1) repeated physical and verbal maltreatment by reinstate his original birth or foundling certificate.
the adopter despite having undergone counseling;
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Judge Marlo Malagar
Section 24. Service of Judgment.— A certified true a) his age and the age of the child to be adopted,
copy of the judgment together with a certificate of showing that he is at least twenty-seven (27) years
finality issued by the Branch Clerk of the Court of age and at least sixteen (16) years older than the
which rendered the decision in accordance with the child to be adopted at the time of application, unless
preceding Section shall be served by the petitioner the petitioner is the parent by nature of the child to
upon the Civil Registrar concerned within thirty (30) be adopted or the spouse of such parent, in which
days from receipt of the certificate of finality. The case the age difference does not apply;
Civil Registrar shall forthwith enter the rescission
b) if married, the name of the spouse who must be
decree in the register and submit proof of
joined as co-petitioner except when the adoptee is
compliance to the court issuing the decree and the
a legitimate child of his spouse;
Clerk of Court within thirty (30) days from receipt
of the decree. c) that he has the capacity to act and assume all
rights and responsibilities of parental authority
The Clerk of Court shall enter the compliance in
under his national laws, and has undergone the
accordance with Section 17 hereof.
appropriate counseling from an accredited
Section 25. Repeal.— This supersedes Rule 99 on counselor in his country;
Adoption and Rule 100 of the Rules of Court.
d) that he has not been convicted of a crime
B. Inter-Country Adoption involving moral turpitude;
Section 26. Applicability.— The following sections e) that he is eligible to adopt under his national law;
apply to inter-country adoption of Filipino children
f) that he can provide the proper care and support
by foreign nationals and Filipino citizens
permanently residing abroad. and instill the necessary moral values and example
to all his children, including the child to be adopted;
Section 27. Objectives.— The State shall:
g) that he agrees to uphold the basic rights of the
a) consider inter-country adoption as an alternative child, as embodied under Philippine laws and the U.
means of child care, if the child cannot be placed in N. Convention on the Rights of the Child, and to
a foster or an adoptive family or cannot, in any abide by the rules and regulations issued to
suitable manner, be cared for in the Philippines; implement the provisions of Republic Act No. 8043;
b) ensure that the child subject of inter-country h) that he comes from a country with which the
adoption enjoys the same protection accorded to Philippines has diplomatic relations and whose
children in domestic adoption; and government maintains a similarly authorized and
accredited agency and that adoption of a Filipino
c) take all measures to ensure that the placement
child is allowed under his national laws; and
arising therefrom does not result in improper
financial gain for those involved. i) that he possesses all the qualifications and none
of the disqualifications provided in this Rule, in
Section 28. Where to File Petition.— A verified
Republic Act No. 8043 and in all other applicable
petition to adopt a Filipino child may be filed by a
Philippine laws.
foreign national or Filipino citizen permanently
residing abroad with the Family Court having Section 31. Annexes.— The petition for adoption
jurisdiction over the place where the child resides or shall contain the following annexes written and
may be found. officially translated in English:
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Judge Marlo Malagar
d) Physical, medical and psychological evaluation of any civil liability which the accused may have
the petitioner certified by a duly licensed physician incurred.
and psychologist;
The sentence, however, shall be suspended without
e) Income tax returns or any authentic document need of application pursuant to Ptesidential Decree
showing the current financial capability of the No. 603, otherwise known as the "Child and Youth
petitioner; Welfare Code";
f) Police clearance of petitioner issued within six (6) b) Petitions for guardianship, custody of children,
months before the filing of the petitioner; habeas corpus in relation to the latter;
g) Character reference from the local c) Petitions for adoption of children and the
church/minister, the petitioner’s employer and a revocation thereof;
member of the immediate community who have
d) Complaints for annulment of marriage,
known the petitioner for at least five (5) years;
declaration of nullity of marriage and those relating
h) Full body postcard-size pictures of the petitioner to marital status and property relations of husband
and his immediate family taken at least six (6) and wife or those living together under different
months before the filing of the petition. status and agreements, and petitions for dissolution
of conjugal partnership of gains;
Section 32. Duty of Court.— The court, after
finding that the petition is sufficient in form and e) Petitions for support and/or acknowledgment;
substance and a proper case for inter-country
f) Summary judicial proceedings brought under the
adoption, shall immediately transmit the petition to
provisions of Executive Order No. 209, otherwise
the Inter-Country Adoption Board for appropriate
known as the "Family Code of the Philippines";
action.
g) Petitions for declaration of status of children as
Section 33. Effectivity.— This Rule shall take effect
abandoned, dependent o neglected children,
on August 22, 2002 following its publication in a
newspaper of general circulation. petitions for voluntary or involuntary commitment
of children; the suspension, termination, or
Promulgated: August 2, 2002. restoration of parental authority and other cases
cognizable under Presidential Decree No. 603,
Executive Order No. 56, (Series of 1986), and other
[B] Republic Act No. 8369 related laws;
October 28, 1997 h) Petitions for the constitution of the family home;
AN ACT ESTABLISHING FAMILY COURTS, i) Cases against minors cognizable under the
GRANTING THEM EXCLUSIVE ORIGINAL Dangerous Drugs Act, as amended;
JURISDICTION OVER CHILD AND FAMILY
j) Violations of Republic Act No. 7610, otherwise
CASES, AMENDING BATAS PAMBANSA
known as the "Special Protection of Children Against
BILANG 129,AS AMENDED, OTHERWISE
Child Abuse, Exploitation and Discrimination
KNOWN AS ACT OF 1980, APPROPRIATING Act," as amended by Republic Act No. 7658; and
FUNDS THEREFOR AND FOR OTHER
PURPOSES k) Cases of domestic violence against:
Section 5. Jurisdiction offamily Courts. - The 1) Women - which are acts of gender based violence
Family Courts shall have exclusive original that results, or are likely to result in physical, sexual
jurisdiction to hear and decide the following cases: or psychological harm or suffering to women; and
other forms of physical abuse such as battering or
a) Criminal cases where one or more of the accused
threats and coercion which violate a woman's
is below eighteen (18) years of age but not less than
personhood, integrity and freedom movement; and
nine (9) years of age but not less than nine (9)
years of age or where one or more of the victims is 2) Children - which include the commission of all
a minor at the time of the commission of the forms of abuse, neglect, cruelty, exploitation,
offense: Provided, That if the minor is found guilty, violence, and discrimination and all other conditions
the court shall promulgate sentence and ascertain prejudicial to their development.
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Judge Marlo Malagar
If an act constitutes a criminal offense, the accused (ii) Prevent the child from unnecessary separation
or batterer shall be subject to criminal proceedings from his/her biological parent(s);
and the corresponding penalties.
(iii) Protect adoptive parent(s) from attempts to
If any question involving any of the above matters disturb his/her parental authority and custody over
should arise as an incident in any case pending in his/her adopted child.
the regular courts, said incident shall be determined
Any voluntary or involuntary termination of parental
in that court.
authority shall be administratively or judicially
declared so as to establish the status of the child as
"legally available for adoption" and his/her custody
[C] Republic Act No. 8552
transferred to the Department of Social Welfare and
February 25, 1998 Development or to any duly licensed and accredited
child-placing or child-caring agency, which entity
AN ACT ESTABLISHING THE RULES AND shall be authorized to take steps for the permanent
POLICIES ON THE DOMESTIC ADOPTION OF placement of the child;
FILIPINO CHILDREN AND FOR OTHER
PURPOSES (iv) Conduct public information and educational
campaigns to promote a positive environment for
ARTICLE I adoption;
GENERAL PROVISIONS
(v) Ensure that sufficient capacity exists within
Section 1. Short Title. – This Act shall be known government and private sector agencies to handle
as the "Domestic Adoption Act of 1998." adoption inquiries, process domestic adoption
applications, and offer adoption-related services
Section 2. Declaration of Policies. – (a) It is
including, but not limited to, parent preparation and
hereby declared the policy of the State to ensure
post-adoption education and counseling; and
that every child remains under the care and custody
of his/her parent(s) and be provided with love, care, (vi) Encourage domestic adoption so as to preserve
understanding and security towards the full and the child's identity and culture in his/her native
harmonious development of his/her personality. land, and only when this is not available shall
Only when such efforts prove insufficient and no intercountry adoption be considered as a last resort.
appropriate placement or adoption within the child's
extended family is available shall adoption by an Section 3. Definition of Terms. – For purposes of
unrelated person be considered. this Act, the following terms shall be defined as:
(b) In all matters relating to the care, custody and (a) "Child" is a person below eighteen (18) years of
adoption of a child, his/her interest shall be the age.
paramount consideration in accordance with the
(b) "A child legally available for adoption" refers to
tenets set forth in the United Nations (UN)
a child who has been voluntarily or involuntarily
Convention on the Rights of the Child; UN
committed to the Department or to a duly licensed
Declaration on Social and Legal Principles Relating
and accredited child-placing or child-caring agency,
to the Protection and Welfare of Children with
freed of the parental authority of his/her biological
Special Reference to Foster Placement and
parent(s) or guardian or adopter(s) in case of
Adoption, Nationally and Internationally; and the
rescission of adoption.
Hague Convention on the Protection of Children and
Cooperation in Respect of Intercountry Adoption. (c) "Voluntarily committed child" is one whose
Toward this end, the State shall provide alternative parent(s) knowingly and willingly relinquishes
protection and assistance through foster care or parental authority to the Department.
adoption for every child who is neglected, orphaned,
(d) "Involuntarily committed child" is one whose
or abandoned.
parent(s), known or unknown, has been
(c) It shall also be a State policy to: permanently and judicially deprived of parental
authority due to abandonment; substantial,
(i) Safeguard the biological parent(s) from making
continuous, or repeated neglect; abuse; or
hurried decisions to relinquish his/her parental
incompetence to discharge parental responsibilities.
authority over his/her child;
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Judge Marlo Malagar
(e) "Abandoned child" refers to one who has no (b) Prospective Adoptive Parent(s) – Counseling
proper parental care or guardianship or whose sessions, adoption fora and seminars, among
parent(s) has deserted him/her for a period of at others, shall be provided to prospective adoptive
least six (6) continuous months and has been parent(s) to resolve possible adoption issues and to
judicially declared as such. prepare him/her for effective parenting.
(f) "Supervised trial custody" is a period of time (c) Prospective Adoptee – Counseling sessions shall
within which a social worker oversees the be provided to ensure that he/she understands the
adjustment and emotional readiness of both nature and effects of adoption and is able to express
adopter(s) and adoptee in stabilizing their filial his/her views on adoption in accordance with
relationship. his/her age and level of maturity.
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Judge Marlo Malagar
has the legal capacity to adopt in his/her country, treated by the adopter(s) as his/her own child since
and that his/her government allows the adoptee to minority;
enter his/her country as his/her adopted
(e) A child whose adoption has been previously
son/daughter: Provided, Further, That the
rescinded; or
requirements on residency and certification of the
alien's qualification to adopt in his/her country may (f) A child whose biological or adoptive parent(s)
be waived for the following: has died: Provided, That no proceedings shall be
initiated within six (6) months from the time of
(i) a former Filipino citizen who seeks to adopt a
death of said parent(s).
relative within the fourth (4th) degree of
consanguinity or affinity; or Section 9. Whose Consent is Necessary to the
Adoption. – After being properly counseled and
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the
(iii) one who is married to a Filipino citizen and following to the adoption is hereby required:
seeks to adopt jointly with his/her spouse a relative
(a) The adoptee, if ten (10) years of age or over;
within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or (b) The biological parent(s) of the child, if known,
or the legal guardian, or the proper government
(c) The guardian with respect to the ward after the
instrumentality which has legal custody of the child;
termination of the guardianship and clearance of
his/her financial accountabilities. (c) The legitimate and adopted sons/daughters, ten
(10) years of age or over, of the adopter(s) and
Husband and wife shall jointly adopt, except in the
adoptee, if any;
following cases:
(d) The illegitimate sons/daughters, ten (10) years
(i) if one spouse seeks to adopt the legitimate
of age or over, of the adopter if living with said
son/daughter of the other; or
adopter and the latter's spouse, if any; and
(ii) if one spouse seeks to adopt his/her own
(e) The spouse, if any, of the person adopting or to
illegitimate son/daughter: Provided, However, that
be adopted.
the other spouse has signified his/her consent
thereto; or ARTICLE IV
PROCEDURE
(iii) if the spouses are legally separated from each
other. Section 10. Hurried Decisions. – In all
proceedings for adoption, the court shall require
In case husband and wife jointly adopt, or one
proof that the biological parent(s) has been properly
spouse adopts the illegitimate son/daughter of the
counseled to prevent him/her from making hurried
other, joint parental authority shall be exercised by
decisions caused by strain or anxiety to give up the
the spouses.
child, and to sustain that all measures to strengthen
Section 8. Who May Be Adopted. – The following the family have been exhausted and that any
may be adopted: prolonged stay of the child in his/her own home will
be inimical to his/her welfare and interest.
(a) Any person below eighteen (18) years of age
who has been administratively or judicially declared Section 11. Case Study. – No petition for
available for adoption; adoption shall be set for hearing unless a licensed
social worker of the Department, the social service
(b) The legitimate son/daughter of one spouse by
office of the local government unit, or any child-
the other spouse;
placing or child-caring agency has made a case
(c) An illegitimate son/daughter by a qualified study of the adoptee, his/her biological parent(s),
adopter to improve his/her status to that of as well as the adopter(s), and has submitted the
legitimacy; report and recommendations on the matter to the
court hearing such petition.
(d) A person of legal age if, prior to the adoption,
said person has been consistently considered and
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At the time of preparation of the adoptee's case adoption would redound to the best interest of the
study, the concerned social worker shall confirm adoptee, a decree of adoption shall be entered
with the Civil Registry the real identity and which shall be effective as of the date the original
registered name of the adoptee. If the birth of the petition was filed. This provision shall also apply in
adoptee was not registered with the Civil Registry, case the petitioner(s) dies before the issuance of
it shall be the responsibility of the concerned social the decree of adoption to protect the interest of the
worker to ensure that the adoptee is registered. adoptee. The decree shall state the name by which
the child is to be known.
The case study on the adoptee shall establish that
he/she is legally available for adoption and that the Section 14. Civil Registry Record. – An amended
documents to support this fact are valid and certificate of birth shall be issued by the Civil
authentic. Further, the case study of the adopter(s) Registry, as required by the Rules of Court,
shall ascertain his/her genuine intentions and that attesting to the fact that the adoptee is the child of
the adoption is in the best interest of the child. the adopter(s) by being registered with his/her
surname. The original certificate of birth shall be
The Department shall intervene on behalf of the
stamped "cancelled" with the annotation of the
adoptee if it finds, after the conduct of the case
issuance of an amended birth certificate in its place
studies, that the petition should be denied. The case
and shall be sealed in the civil registry records. The
studies and other relevant documents and records
new birth certificate to be issued to the adoptee
pertaining to the adoptee and the adoption shall be
shall not bear any notation that it is an amended
preserved by the Department.
issue.
Section 12. Supervised Trial Custody. – No
Section 15. Confidential Nature of Proceedings
petition for adoption shall be finally granted until the
and Records. – All hearings in adoption cases shall
adopter(s) has been given by the court a supervised
be confidential and shall not be open to the public.
trial custody period for at least six (6) months within
All records, books, and papers relating to the
which the parties are expected to adjust
adoption cases in the files of the court, the
psychologically and emotionally to each other and
Department, or any other agency or institution
establish a bonding relationship. During said period,
participating in the adoption proceedings shall be
temporary parental authority shall be vested in the
kept strictly confidential.
adopter(s).
If the court finds that the disclosure of the
The court may motu proprio or upon motion of any
information to a third person is necessary for
party reduce the trial period if it finds the same to
purposes connected with or arising out of the
be in the best interest of the adoptee, stating the
adoption and will be for the best interest of the
reasons for the reduction of the period. However,
adoptee, the court may merit the necessary
for alien adopter(s), he/she must complete the six
information to be released, restricting the purposes
(6)-month trial custody except for those
for which it may be used.
enumerated in Sec. 7 (b) (i) (ii) (iii).
ARTICLE V
If the child is below seven (7) years of age and is
EFFECTS OF ADOPTION
placed with the prospective adopter(s) through a
pre-adoption placement authority issued by the Section 16. Parental Authority. – Except in
Department, the prospective adopter(s) shall enjoy cases where the biological parent is the spouse of
all the benefits to which biological parent(s) is the adopter, all legal ties between the biological
entitled from the date the adoptee is placed with the parent(s) and the adoptee shall be severed and the
prospective adopter(s). same shall then be vested on the adopter(s).
Section 13. Decree of Adoption. – If, after the Section 17. Legitimacy. – The adoptee shall be
publication of the order of hearing has been considered the legitimate son/daughter of the
complied with, and no opposition has been adopter(s) for all intents and purposes and as such
interposed to the petition, and after consideration is entitled to all the rights and obligations provided
of the case studies, the qualifications of the by law to legitimate sons/daughters born to them
adopter(s), trial custody report and the evidence without discrimination of any kind. To this end, the
submitted, the court is convinced that the adoptee is entitled to love, guidance, and support in
petitioners are qualified to adopt, and that the keeping with the means of the family.
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Section 18. Succession. – In legal and intestate not less than Fifty thousand pesos (P50,000.00),
succession, the adopter(s) and the adoptee shall but not more than Two hundred thousand pesos
have reciprocal rights of succession without (P200,000.00) at the discretion of the court shall be
distinction from legitimate filiation. However, if the imposed on any person who shall commit any of the
adoptee and his/her biological parent(s) had left a following acts:
will, the law on testamentary succession shall
govern. (i) obtaining consent for an adoption through
coercion, undue influence, fraud, improper material
ARTICLE VI inducement, or other similar acts;
RESCISSION OF ADOPTION
(ii) non-compliance with the procedures and
Section 19. Grounds for Rescission of safeguards provided by the law for adoption; or
Adoption. – Upon petition of the adoptee, with the
(iii) subjecting or exposing the child to be adopted
assistance of the Department if a minor or if over
to danger, abuse, or exploitation.
eighteen (18) years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded (b) Any person who shall cause the fictitious
on any of the following grounds committed by the registration of the birth of a child under the name(s)
adopter(s): (a) repeated physical and verbal of a person(s) who is not his/her biological parent(s)
maltreatment by the adopter(s) despite having shall be guilty of simulation of birth, and shall be
undergone counseling; (b) attempt on the life of the punished by prision mayor in its medium period and
adoptee; (c) sexual assault or violence; or (d) a fine not exceeding Fifty thousand pesos
abandonment and failure to comply with parental (P50,000.00).
obligations.
Any physician or nurse or hospital personnel who,
Adoption, being in the best interest of the child, in violation of his/her oath of office, shall cooperate
shall not be subject to rescission by the adopter(s). in the execution of the abovementioned crime shall
However, the adopter(s) may disinherit the adoptee suffer the penalties herein prescribed and also the
for causes provided in Article 919 of the Civil Code. penalty of permanent disqualification.
Section 20. Effects of Rescission. – If the Any person who shall violate established regulations
petition is granted, the parental authority of the relating to the confidentiality and integrity of
adoptee's biological parent(s), if known, or the legal records, documents, and communications of
custody of the Department shall be restored if the adoption applications, cases, and processes shall
adoptee is still a minor or incapacitated. The suffer the penalty of imprisonment ranging from
reciprocal rights and obligations of the adopter(s) one (1) year and one (1) day to two (2) years,
and the adoptee to each other shall be extinguished. and/or a fine of not less than Five thousand pesos
(P5,000.00) but not more than Ten thousand pesos
The court shall order the Civil Registrar to cancel
(P10,000.00), at the discretion of the court.
the amended certificate of birth of the adoptee and
restore his/her original birth certificate. A penalty lower by two (2) degrees than that
prescribed for the consummated offense under this
Succession rights shall revert to its status prior to
Article shall be imposed upon the principals of the
adoption, but only as of the date of judgment of
attempt to commit any of the acts herein
judicial rescission. Vested rights acquired prior to
enumerated. Acts punishable under this Article,
judicial rescission shall be respected.
when committed by a syndicate or where it involves
All the foregoing effects of rescission of adoption two (2) or more children shall be considered as an
shall be without prejudice to the penalties offense constituting child trafficking and shall merit
imposable under the Penal Code if the criminal acts the penalty of reclusion perpetua.
are properly proven.
Acts punishable under this Article are deemed
ARTICLE VII committed by a syndicate if carried out by a group
VIOLATIONS AND PENALTIES of three (3) or more persons conspiring and/or
confederating with one another in carrying out any
Section 21. Violations and Penalties. – (a) The
of the unlawful acts defined under this Article.
penalty of imprisonment ranging from six (6) years
Penalties as are herein provided, shall be in addition
and one (1) day to twelve (12) years and/or a fine
to any other penalties which may be imposed for
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Judge Marlo Malagar
the same acts punishable under other laws, Section 24. Implementing Rules and
ordinances, executive orders, and proclamations. Regulations. – Within six (6) months from the
promulgation of this Act, the Department, with the
When the offender is an alien, he/she shall be
Council for the Welfare of Children, the Office of Civil
deported immediately after service of sentence and
Registry General, the Department of Justice, Office
perpetually excluded from entry to the country.
of the Solicitor General, and two (2) private
Any government official, employee or functionary individuals representing child-placing and child-
who shall be found guilty of violating any of the caring agencies shall formulate the necessary
provisions of this Act, or who shall conspire with guidelines to make the provisions of this Act
private individuals shall, in addition to the above- operative.
prescribed penalties, be penalized in accordance
Section 25. Appropriations. – Such sum as may
with existing civil service laws, rules and
be necessary for the implementation of the
regulations: Provided, That upon the filing of a case,
provisions of this Act shall be included in the
either administrative or criminal, said government
General Appropriations Act of the year following its
official, employee, or functionary concerned shall enactment into law and thereafter.
automatically suffer suspension until the resolution
of the case. Section 26. Repealing Clause. – Any law,
presidential decree or issuance, executive order,
Section 22. Rectification of Simulated Births. –
letter of instruction, administrative order, rule, or
A person who has, prior to the effectivity of this Act,
regulation contrary to, or inconsistent with the
simulated the birth of a child shall not be punished
provisions of this Act is hereby repealed, modified,
for such act: Provided, That the simulation of birth
or amended accordingly.
was made for the best interest of the child and that
he/she has been consistently considered and Section 27. Separability Clause. – If any
treated by that person as his/her own provision of this Act is held invalid or
son/daughter: Provided, further, That the unconstitutional, the other provisions not affected
application for correction of the birth registration thereby shall remain valid and subsisting.
and petition for adoption shall be filed within five (5)
Section 28. Effectivity Clause. – This Act shall
years from the effectivity of this Act and completed
take effect fifteen (15) days following its complete
thereafter: Provided, finally, That such person
publication in any newspaper of general circulation
complies with the procedure as specified in Article
or in the Official Gazette.
IV of this Act and other requirements as determined
by the Department. Approved: February 25, 1998
ARTICLE VIII
FINAL PROVISIONS
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[D] Republic Act No. 9523 parent(s) have deserted him/her for a period of at
least three (3) continuous months, which includes a
March 12, 2009
founding.
AN ACT REQUIRING CERTIFICATION OF THE
(4) Neglected Child refers to a child whose basic
DEPARTMENT OF SOCIAL WELFARE AND
needs have been deliberately unattended or
DEVELOPMENT (DSWD) TO DECLARE A
inadequately attended within a period of three (3)
"CHILD LEGALLY AVAILABLE FOR ADOPTION"
continuous months. Neglect may occur in two (2)
AS A PREREQUISITE FOR ADOPTION ways:
PROCEEDINGS, AMENDING FOR THIS
PURPOSE CERTAIN PROVISIONS OF (a) There is physical neglect when the child is
REPUBLIC ACT NO. 8552, OTHERWISE malnourished, ill-clad, and without proper shelter.
KNOWN AS THE DOMESTIC ADOPTION ACT A child is unattended when left by himself/herself
OF 1998, REPUBLIC ACT NO. 8043, without proper provisions and/or without proper
OTHERWISE KNOWN AS THE INTER-COUNTRY supervision.
ADOPTION ACT OF 1995, PRESIDENTIAL
(b) There is emotional neglect when the child is
DECREE NO. 603, OTHERWISE KNOWN AS
maltreated, raped, seduced, exploited, overworked,
THE CHILD AND YOUTH WELFARE CODE, AND
or made to work under conditions not conducive to
FOR OTHER PURPOSES
good health; or is made to beg in the streets or
public places; or when children are in moral danger,
or exposed to gambling, prostitution, and other
Section 1. Declaration of Policy. – It is hereby vices.
declared the policy of the State that alternative
protection and assistance shall be afforded to every (5) Child Legally Available for Adoption refers to a
child who is abandoned, surrendered, or neglected. child in whose favor a certification was issued by the
In this regard, the State shall extend such DSWD that he/she is legally available for adoption
assistance in the most expeditious manner in the after the fact of abandonment or neglect has been
interest of full emotional and social development of proven through the submission of pertinent
the abandoned, surrendered, or neglected child. documents, or one who was voluntarily committed
by his/her parent(s) or legal guardian.
It is hereby recognized that administrative
processes under the jurisdiction of the Department (6) Voluntarily Committed Child is one whose
of Social Welfare and Development for the parent(s) or legal guardian knowingly and willingly
declaration of a child legally available for adoption relinquished parental authority to the DSWD or any
of abandoned, surrendered, or neglected children duly accredited child-placement or child-caring
are the most expeditious proceedings for the best agency or institution.
interest and welfare of the child.
(7) Child-caring agency or institution refers to a
Section. 2. Definition of Terms. – As used in this private non-profit or government agency duly
Act, the following terms shall mean: accredited by the DSWD that provides twenty-four
(24) hour residential care services for abandoned,
(1) Department of Social Welfare and Development neglected, or voluntarily committed children.
(DSWD) is the agency charged to implement the
provisions of this Act and shall have the sole (8) Child-placing agency or institution refers to a
authority to issue the certification declaring a child private non-profit institution or government agency
legally available for adoption. duly accredited by the DWSD that receives and
processes applicants to become foster or adoptive
(2) Child refers to a person below eighteen (18)
parents and facilitate placement of children eligible
years of age or a person over eighteen (18) years
for foster care or adoption.
of age but is unable to fully take care of him/herself
or protect himself/herself from abuse, neglect, (9) Petitioner refers to the head or executive
cruelty, exploitation, or discrimination because of director of a licensed or accredited child-caring or
physical or mental disability or condition. child-placing agency or institution managed by the
government, local government unit, non-
(3) Abandoned Child refers to a child who has no
governmental organization, or provincial, city, or
proper parental care or guardianship, or whose
municipal Social Welfare Development Officer who
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Judge Marlo Malagar
has actual custody of the minor and who files a (d) Returned registered mail to the last known
certification to declare such child legally available address of the parent(s) or known relatives, if any.
for adoption, or, if the child is under the custody of
(3) Birth certificate, if available; and
any other individual, the agency or institution does
so with the consent of the child's custodian. (4) Recent photograph of the child and photograph
of the child upon abandonment or admission to the
(10) Secretary refers to the Secretary of the DSWD
agency or institution.
or his duly authorized representative.
Section 4. Procedure for the Filing of the
(11) Conspicuous Place shall refer to a place
Petition. – The petition shall be filed in the regional
frequented by the public, where by notice of the
office of the DSWD where the child was found or
petition shall be posted for information of any
abandoned.
interested person.
The Regional Director shall examine the petition and
(12) Social Case Study Report (SCSR) shall refer to
its supporting documents, if sufficient in form and
a written report of the result of an assessment
substance and shall authorize the posting of the
conducted by a licensed social worker as to the
notice of the petition conspicuous place for five (5)
social-cultural economic condition, psychosocial
consecutive days in the locality where the child was
background, current functioning and facts of
found.
abandonment or neglect of the child. The report
shall also state the efforts of social worker to locate The Regional Director shall act on the same and
the child's biological parents/relatives. shall render a recommendation not later than five
(5) working days after the completion of its posting.
Section 3. Petition. – The petition shall be in the
He/she shall transmit a copy of his/her
form of an affidavit, subscribed and sworn to before
recommendation and records to the Office of the
any person authorized by law to administer oaths.
Secretary within forty-eight (48) hours from the
It shall contain facts necessary to establish the
date of the recommendation.
merits of the petition and shall state the
circumstances surrounding the abandonment or Section 5. Declaration of Availability for
neglect of the child. Adoption. – Upon finding merit in the petition, the
Secretary shall issue a certification declaring the
The petition shall be supported by the following
child legally available for adoption within seven (7)
documents:
working days from receipt of the recommendation.
(1) Social Case Study Report made by the DSWD,
Said certification, by itself shall be the sole basis for
local government unit, licensed or accredited child-
the immediate issuance by the local civil registrar of
caring or child-placing agency or institution charged
a foundling certificate. Within seven (7) working
with the custody of the child;
days, the local civil registrar shall transmit the
(2) Proof that efforts were made to locate the founding certificate to the National Statistic Office
parent(s) or any known relatives of the child. The (NSO).
following shall be considered sufficient:
Section 6. Appeal. – The decision of the Secretary
(a) Written certification from a local or national shall be appealable to the Court of Appeals within
radio or television station that the case was aired five (5) days from receipt of the decision by the
on three (3) different occasions; petitioner, otherwise the same shall be final and
executory.
(b) Publication in one (1) newspaper of general
circulation; Section 7. Declaration of Availability for
Adoption of Involuntarily Committed Child and
(c) Police report or barangay certification from the
Voluntarily Committed Child. – The certificate
locality where the child was found or a certified copy
declaring a child legally available for adoption in
of a tracing report issued by the Philippine National
case of an involuntarily committed child under
Red Cross (PNRC), National Headquarters (NHQ),
Article 141, paragraph 4(a) and Article 142 of
Social Service Division, which states that despite
Presidential Decree No. 603 shall be issued by the
due diligence, the child's parents could not be
DSWD within three (3) months following such
found; and
involuntary commitment.
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In case of voluntary commitment as contemplated adoption issued by the DSWD. Any agency or
in Article 154 of Presidential Decree No. 603, the institution found violating any provision of this Act
certification declaring the child legally available for shall have its license to operate revoked without
adoption shall be issued by the Secretary within prejudice to the criminal prosecution of its officers
three (3) months following the filing of the Deed of and employees.
Voluntary Commitment, as signed by the parent(s)
with the DSWD. Violation of any provision of this Act shall subject
the government official or employee concerned to
Upon petition filed with the DSWD, the parent(s) or appropriate administrative, civil and/or criminal
legal guardian who voluntarily committed a child sanctions, including suspension and/or dismissal
may recover legal custody and parental authority from the government service and forfeiture of
over him/her from the agency or institution to which benefits.
such child was voluntarily committed when it is
Section 11. Repealing Clause. – Sections
shown to the satisfaction of the DSWD that the
2(c)(iii), 3(b), (e) and 8(a) of Republic Act No.
parent(s) or legal guardian is in a position to
8552, Section 3(f) of Republic Act No. 8043,
adequately provide for the needs of the
Chapter 1 of Title VII, and VIII of Presidential
child: Provided, That, the petition for restoration is
Decree No. 603 and any law, presidential decree,
filed within (3) months after the signing of the Deed
of Voluntary Commitment. executive order, letter of instruction, administrative
order, rule, or regulation contrary to or inconsistent
Section 8. Certification. – The certification that a with the provisions of this Act are hereby reprealed,
child is legally available for adoption shall be issued modified or amended accordingly.
by the DSWD in lieu of a judicial order, thus making
Section 12. Separability Clause. – If any
the entire process administrative in nature.
provision of this Act is held invalid or
The certification, shall be, for all intents and unconstitutional, the other provisions not affected
purposes, the primary evidence that the child is thereby shall remain valid and subsisting.
legally available in a domestic adoption proceeding,
Section 13. Effectivity. – This Act shall take effect
as provided in Republic Act No. 8552 and in an inter-
fifteen (15) days following its complete publication
country adoption proceeding, as provided in
in two (2) newspapers of general circulation or in
Republic Act No. 8043.
the Official Gazette.
Section. 9. Implementing Rules and
Regulations. – The DSWD, together with the
Council for Welfare of Children, Inter-Country [E] Republic Act 8043
Adoption Board, two (2) representatives from
licensed or accredited child-placing and child-caring The Inter-Country Adoption Act of 1995
agencies or institution, National Statistics Office and
"AN ACT ESTABLISHING THE RULES TO
Office of the Civil Registrar, is hereby tasked to draft
GOVERN INTER-COUNTRY ADOPTION OF
the implementing rules and regulations of this Act
FILIPINO CHILDREN, AND FOR OTHER
within sixty (60) days following its complete
PURPOSES"
publication.
Section 1. Short Title. — This Act shall be known
Upon effectivity of this Act and pending the
as the "Inter-Country Adoption Act of 1995."
completion of the drafting of the implementing rules
and regulations, petitions for the issuance of a Sec. 2. Declaration of Policy. — It is hereby
certification declaring a child legally available for declared the policy of the State to provide every
adoption may be filled with the regional office of the neglected and abandoned child with a family that
DSWD where the child was found or abandoned. will provide such child with love and care as well as
opportunities for growth and development. Towards
Section 10. Penalty. – The penalty of One
this end, efforts shall be exerted to place the child
hundred thousand pesos (P100,000.00) to Two
with an adoptive family in the Philippines. However,
hundred thousand pesos (P200,000.00) shall be
recognizing that inter-country adoption may be
imposed on any person, institution, or agency who
considered as allowing aliens not presently allowed
shall place a child for adoption without the
by law to adopt Filipino children if such children
certification that the child is legally available for
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Sec. 6. Powers and Functions of the Board. — organizations and recognized international non-
The Board shall have the following powers and governmental organizations;
functions:
(l) to assist other concerned agencies and the
(a) to prescribe rules and regulations as it may courts in the implementation of this Act, particularly
deem reasonably necessary to carry out the as regards coordination with foreign persons,
provisions of this Act, after consultation and upon agencies and other entities involved in the process
favorable recommendation of the different agencies of adoption and the physical transfer of the child;
concerned with the child-caring, placement, and and
adoption;
(m) to perform such other functions on matters
(b) to set the guidelines for the convening of an relating to inter-country adoption as may be
Inter-country Adoption Placement Committee which determined by the President.
shall be under the direct supervision of the Board;
ARTICLE III
(c) to set the guidelines for the manner by which
PROCEDURE
selection/matching of prospective adoptive parents
and adoptive child can be made; Sec. 7. Inter-Country Adoption as the Last
Resort. — The Board shall ensure that all
(d) to determine a reasonable schedule of fees
possibilities for adoption of the child under the
and charges to be exacted in connection with the
application for adoption; Family Code have been exhausted and that inter-
country adoption is in the best interest of the child.
(e) to determine the form and contents of the Towards this end, the Board shall set up the
application for inter-country adoption; guidelines to ensure that steps will be taken to place
the child in the Philippines before the child is placed
(g) to institute systems and procedures to
for inter-country adoption: Provided, however, That
prevent improper financial gain in connection with
the maximum number that may be allowed for
adoption and deter improper practices which are
foreign adoption shall not exceed six hundred (600)
contrary to this Act;
a year for the first five (5) years.
(h) to promote the development of adoption
Sec. 8. Who May be Adopted. — Only a legally
services, including post-legal adoption services,
free child may be the subject of inter-country
(i) to accredit and authorize foreign private adoption. In order that such child may be
adoption agencies which have demonstrated considered for placement, the following documents
professionalism, competence and have consistently must be submitted to the Board:
pursued non-profit objectives to engage in the
(a)Child study;
placement of Filipino children in their own country:
Provided, That such foreign private agencies are (b)Birth certificate/foundling certificate;
duly authorized and accredited by their own
(c)Deed of voluntary commitment/decree of
government to conduct inter-country adoption:
abandonment/death certificate of parents;
Provided, however, That the total number of
authorized and accredited foreign private adoption (d)Medical evaluation /history;
agencies shall not exceed one hundred (100) a
year; (e)Psychological evaluation, as necessary; and
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Judge Marlo Malagar
adopter is the parent by nature of the child to be (c) Written consent of their biological or adoptive
adopted or the spouse of such parent: children above ten (10) years of age, in the form of
sworn statement;
(b) if married, his/her spouse must jointly file for
the adoption; (d) Physical, medical and psychological
evaluation by a duly licensed physician and
(c) has the capacity to act and assume all rights
psychologist;
and responsibilities of parental authority under his
national laws, and has undergone the appropriate (e) Income tax returns or any document showing
counseling from an accredited counselor in his/her the financial capability of the applicant(s);
country;
(f) Police clearance of applicant(s);
(d) has not been convicted of a crime involving
(g) Character reference from the local
moral turpitude;
church/minister, the applicant's employer and a
(e) is eligible to adopt under his/her national law; member of the immediate community who have
known the applicant(s) for at least five (5) years;
(f) is in a position to provide the proper care and
and
support and to give the necessary moral values and
example to all his children, including the child to be (h) Recent postcard-size pictures of the
adopted; applicant(s) and his immediate family;
(g) agrees to uphold the basic rights of the child The Rules of Court shall apply in case of adoption
as embodied under Philippine laws, the U.N. by judicial proceedings.
Convention on the Rights of the Child, and to abide
Sec. 11. Family Selection/Matching. — No child
by the rules and regulations issued to implement
the provisions of this Act; shall be matched to a foreign adoptive family unless
it is satisfactorily shown that the child cannot be
(h) comes from a country with whom the adopted locally. The clearance, as issued by the
Philippines has diplomatic relations and whose Board, with the copy of the minutes of the
government maintains a similarly authorized and meetings, shall form part of the records of the child
accredited agency and that adoption is allowed to be adopted. When the Board is ready to transmit
under his/her national laws; and the Placement Authority to the authorized and
accredited inter-country adoption agency and all the
(i) possesses all the qualifications and none of
travel documents of the child are ready, the
the disqualifications provided herein and in other
adoptive parents, or any one of them, shall
applicable Philippine laws.
personally fetch the child in the Philippines.
Sec. 10. Where to File Application. — An
Sec. 12. Pre-adoptive Placement Costs. — The
application to adopt a Filipino child shall be filed
applicant(s) shall bear the following costs incidental
either with the Philippine Regional Trial Court to the placement of the child;
having jurisdiction over the child, or with the Board,
through an intermediate agency, whether (a) The cost of bringing the child from the
governmental or an authorized and accredited Philippines to the residence of the applicant(s)
agency, in the country of the prospective adoptive abroad, including all travel expenses within the
parents, which application shall be in accordance Philippines and abroad; and
with the requirements as set forth in the
(b) The cost of passport, visa, medical
implementing rules and regulations to be
examination and psychological evaluation required,
promulgated by the Board.
and other related expenses.
The application shall be supported by the following
Sec. 13. Fees, Charges and Assessments. —
documents written and officially translated in
Fees, charges, and assessments collected by the
English.
Board in the exercise of its functions shall be used
(a) Birth certificate of applicant(s); solely to process applications for inter-country
adoption and to support the activities of the Board.
(b) Marriage contract, if married, and divorce
decree, if applicable;
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Sec. 14. Supervision of Trial Custody. — The agreements, and other laws pertaining to adoption.
governmental agency or the authorized and Illegality may be presumed from the following acts:
accredited agency in the country of the adoptive
(1)consent for an adoption was acquired
parents which filed the application for inter-country
through, or attended by coercion, fraud, improper
adoption shall be responsible for the trial custody
material inducement;
and the care of the child. It shall also provide family
counseling and other related services. The trial (2)there is no authority from the Board to effect
custody shall be for a period of six (6) months from adoption;
the time of placement. Only after the lapse of the
period of trial custody shall a decree of adoption be (3)the procedures and safeguards placed under
issued in the said country a copy of which shall be the law for adoption were not complied with; and
sent to the Board to form part of the records of the
(4)the child to be adopted is subjected to, or
child.
exposed to danger, abuse and exploitation.
During the trial custody, the adopting parent(s)
(b)Any person who shall violate established
shall submit to the governmental agency or the
regulations relating to the confidentiality and
authorized and accredited agency, which shall in
integrity of records, documents and
turn transmit a copy to the Board, a progress report
communications of adoption applications, cases and
of the child's adjustment. The progress report shall
processes shall suffer the penalty of imprisonment
be taken into consideration in deciding whether or
ranging from one (1) year and one (1) day to two
not to issue the decree of adoption.
(2) years, and/or a fine of not less than Five
The Department of Foreign Affairs shall set up a thousand pesos (P5,000), but not more than Ten
system by which Filipino children sent abroad for thousand pesos (P10,000), at the discretion of the
trial custody are monitored and checked as reported court.
by the authorized and accredited inter-country
A penalty lower by two (2) degrees than that
adoption agency as well as the repatriation to the
prescribed for the consummated felony under this
Philippines of a Filipino child whose adoption has not
Article shall be imposed upon the principals of the
been approved.
attempt to commit any of the acts herein
Sec. 15. Executive Agreements. — The enumerated.
Department of Foreign Affairs, upon representation
Acts punishable under this Article, when committed
of the Board, shall cause the preparation of
by a syndicate or where it involves two or more
Executive Agreements with countries of the foreign
children shall be considered as an offense
adoption agencies to ensure the legitimate
constituting child trafficking and shall merit the
concurrence of said countries in upholding the
penalty of reclusion perpetua.
safeguards provided by this Act.
Acts punishable under this Article are deemed
ARTICLE IV
committed by a syndicate if carried out by a group
PENALTIES of three (3) or more persons conspiring and/or
confederating with one another in carrying out any
Sec. 16. Penalties. — of the unlawful acts defined under this
Article.Penalties as are herein provided shall be in
(a) Any person who shall knowingly participate in
addition to any other penalties which may be
the conduct or carrying out of an illegal adoption, in
imposed for the same acts punishable under other
violation of the provisions of this Act, shall be
laws, ordinances, executive orders, and
punished with a penalty of imprisonment ranging
proclamations.
from six (6) years and one (1) day to twelve (12)
years and/or a fine of not less than Fifty thousand Sec. 17. Public Officers as Offenders. — Any
pesos (P50,000), but not more than Two hundred government official, employee or functionary who
thousand pesos (P200.000), at the discretion of the shall be found guilty of violating any of the
court. For purposes of this Act, an adoption is illegal provisions of this Act, or who shall conspire with
if it is effected in any manner contrary to the private individuals shall, in addition to the above-
provisions of this Act or established State policies, prescribed penalties, be penalized in accordance
its implementing rules and regulations, executive with existing civil service laws, rules and
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Judge Marlo Malagar
regulations: Provided, That upon the filing of a case, submitting for this Court’s consideration and
either administrative or criminal, said government approval the Proposed Rule on custody of Minors
official, employee or functionary concerned shall and Writ of Habeas Corpus in Relation to Custody of
automatically suffer suspension until the resolution Minors, the Court Resolved to APPROVE the same.
of the case.
The Rule shall take effect on May 15, 2003 following
ARTICLE V its publication in a newspaper of general circulation
not later than April 30, 2003.
FINAL PROVISIONS
April 22, 2003
Sec. 18. Implementing Rules and Regulations.
— The Inter-country Adoption Board, in
coordination with the Council for the Welfare of
RULE ON CUSTODY OF MINORS AND WRIT OF
Children, the Department of Foreign Affairs, and the
HABEAS CORPUS
Department of Justice, after due consultation with
IN RELATION TO CUSTODY OF MINORS
agencies involved in child-care and placement, shall
promulgate the necessary rules and regulations to SECTION 1. Applicability. - This rule shall apply
implement the provisions of this Act within six (6) to petitions for custody of minors and writs of
months after its effectivity. habeas corpus in relation thereto.
Sec. 19. Appropriations. — The amount of Five The Rules of Court shall apply suppletorily.
million pesos (P5,000,000) is hereby appropriated
from the proceeds of the Lotto for the initial Section 2. Petition for custody of minors; who
operations of the Board and subsequently the may file.- A verified petition for the rightful custody
appropriations of the same shall be included in the of a minor may be filed by any person claiming such
General Appropriations Act for the year following its right. The party against whom it may be filed shall
enactment. be designated as the respondent.
Sec. 20. Separability Clause. — If any provision, Section 3. Where to file petition. - The petition
or part hereof is held invalid or unconstitutional, the for custody of minors shall be filed with the Family
remainder of the law or the provision not otherwise Court of the province or city where the petitioner
affected, shall remain valid and subsisting. resides or where the minor may be found.
Sec. 21. Repealing Clause. — Any law, decree, Section 4. Contents of petition. - The verified
executive order, administrative order or rules and petition shall allege the following:
regulations contrary to, or inconsistent with the
(a) The personal circumstances of the petitioner and
provisions of this Act are hereby repealed, modified
of the respondent;
or amended accordingly.
(b) The name, age and present whereabouts of the
Sec. 22. Effectivity Clause. — This Act shall take
minor and his or her relationship to the petitioner
effect fifteen (15) days after its publication in two
and the respondent;
(2) newspapers of general circulation.
(c) The material operative facts constituting
Approved: June 7, 1995
deprivation of custody; and
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Judge Marlo Malagar
shall be served together with a copy of the petition (f) The number and names of the witnesses and
personally on the respondent. their respective affidavits which shall serve as the
affiant's testimony on direct examination; and
Section 6. Motion to Dismiss. - A motion to
dismiss the petition is not allowed except on the (g) Such other matters as the court may require to
ground of lack of jurisdiction over the subject be included in the pre-trial brief.
matter or over the parties. Any other ground that
Failure to file the pre-trial brief or to comply with its
might warrant the dismissal of the petition may be
raised as an affirmative defense in the answer. required contents shall have the same effect as
failure to appear at the pre-trial.
Section 7. Verified Answer. - The respondent
Section 11. Effect of failure to appear at the
shall file an answer to the petition, personally
pre-trial.-(a) If the petitioner fails to appear
verified by him, within five days after service of
summons and a copy of the petition. personally at the pre-trial, the case shall be
dismissed, unless his counsel or a duly authorized
Section 8. Case study; duty of social worker. - representative appears in court and proves a valid
Upon the filing of the verified answer or the excuse for the non-appearance of the petitioner.
expiration of the period to file it, the court may
(b) If the respondent has filed his answer but fails
order a social worker to make a case study of the
to appear at the pre-trial, the petitioner shall be
minor and the parties and to submit a report and
allowed to present his evidence ex parte. The court
recommendation to the court at least three days
shall then render judgment on the basis of the
before the scheduled pre-trial.
pleadings and the evidence thus presented.
Section 9. Notice of mandatory pre-trial. -
Section 12. What may be done at pre-trial. - At
Within fifteen days after the filing of the answer or
the pre-trial, the parties may agree on the custody
the expiration of the period to file answer, the court
of the minor. If the parties fail to agree, the court
shall issue an order: (1) fixing a date for the pre-
may refer the matter to a mediator who shall have
trial conference; (2) directing the parties to file and
five days to effect an agreement between the
serve their respective pre-trial briefs in such
parties. If the issue is not settled through
manner as shall ensure receipt thereof by the
mediation, the court shall proceed with the pre-trial
adverse party at least three days before the date of
conference, on which occasion it shall consider such
pre-trial; and (3) requiring the respondent to
other matters as may aid in the prompt disposition
present the minor before the court.
of the petition.
The notice of its order shall be served separately on
Section 13. Provisional order awarding
both the parties and their respective counsels. The
custody. - After an answer has been filed or after
pre-trial is mandatory.
expiration of the period to file it, the court may issue
Section 10. Contents of pre-trial brief. - The a provisional order awarding custody of the minor.
pre-trial brief shall contain the following: As far as practicable, the following order of
preference shall be observed in the award of
(a) A statement of the willingness of the parties to
custody:
enter into agreements that may be allowed by law,
indicating its terms; (a) Both parents jointly;
(b) A concise statement of their respective claims (b) Either parent, taking into account all relevant
together with the applicable laws and authorities; considerations, especially the choice of the minor
over seven years of age and of sufficient
(c) Admitted facts and proposed stipulations of
discernment, unless the parent chosen is unfit;
facts;
(c) The grandparent, or if there are several
(d) The disputed factual and legal issues;
grandparents, the grandparent chosen by the minor
(e) All the evidence to be presented, briefly stating over seven years of age and of sufficient
or describing its nature and purpose; discernment, unless the grandparent chosen is unfit
or disqualified;
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Judge Marlo Malagar
(d) The eldest brother or sister over twenty-one (i) The preference of the minor over seven years of
years of age, unless he or she is unfit or age and of sufficient discernment, unless the parent
disqualified; chosen is unfit.
(e) The actual custodian of the minor over twenty- Section 15. Temporary visitation rights. - The
one years of age, unless the former is unfit or court shall provide in its order awarding provisional
disqualified; or custody appropriate visitation rights to the non-
custodial parent or parents, unless the court finds
(f) Any other person or institution the court may said parent or parents unfit or disqualified.
deem suitable to provide proper care and guidance
for the minor. The temporary custodian shall give the court and
non custodial parent or parents at least five days'
Section 14. Factors to consider in determining
notice of any plan to change the residence of the
custody. - In awarding custody, the court shall
minor or take him out of his residence for more than
consider the best interests of the minor and shall
three days provided it does not prejudice the
give paramount consideration to his material and
visitation rights of the non-custodial parent or
moral welfare. The best interests of the minor refer
parents.
to the totality of the circumstances and conditions
as are most congenial to the survival, protection, Section 16. Hold Departure Order. - The minor
and feelings of security of the minor encouraging to child subject of the petition shall not be brought out
his physical, psychological and emotional of the country without prior order from the court
development. It also means the least detrimental while the petition is pending.
available alternative for safeguarding the growth
and development of the minor. The court, motu proprio or upon application under
oath, may issue ex parte a hold departure order,
The court shall also consider the following: addressed to the Bureau of Immigration and
Deportation, directing it not to allow the departure
(a) Any extrajudicial agreement which the parties
of the minor from the Philippines without the
may have bound themselves to comply with permission of the court.
respecting the rights of the minor to maintain direct
contact with the non custodial parent on a regular The Family Court issuing the hold departure order
basis, except when there is an existing threat or shall furnish the Department of Foreign Affairs and
danger of physical, mental, sexual or emotional the Bureau of Immigration and Deportation of the
violence which endangers the safety and best Department of Justice a copy of the hold departure
interests of the minor; order within twenty-four hours from its issuance
and through the fastest available means of
(b) The desire and ability of one parent to foster an
transmittal.
open and loving relationship between the minor and
the other parent; The hold departure order shall contain the following
information:
(c) The health, safety and welfare of the minor;
(a) The complete name (including the middle
(d) Any history of child or spousal abuse by the
name), the date and place of birth, the nationality
person seeking custody or who has had any filial
and the place of last residence of the person against
relationship with the minor, including anyone
whom a hold departure order has been issued or
courting the parent;
whose departure from the country has been
(e) The nature and frequency of contact with both enjoined;
parents;
(b) The complete title and docket number of the
(f) Habitual use of alcohol, dangerous drugs or case in which the hold departure order was issued;
regulated substances;
(c) The specific nature of the case;
(g) Marital misconduct;
(d) The date of the hold departure order; and
(h) The most suitable physical, emotional, spiritual,
(e) A recent photograph, if available, of the party
psychological and educational environment for the
against whom a hold departure order has been
holistic development and growth of the minor; and
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Judge Marlo Malagar
issued or whose departure from the country has and those of the minor; (2) the physical and
been enjoined. emotional health, special needs, and aptitude of the
minor; (3) the standard of living the minor has been
The court may recall the hold departure order motu
accustomed to; and (4) the non-monetary
proprio, or upon verified motion of any of the parties
contributions that the parents would make toward
after summary hearing, subject to such terms and
the care and well-being of the minor.
conditions as may be necessary for the best
interests of the minor. The court may also issue any order that is just and
reasonable permitting the parent who is deprived of
Section 17. Protection Order. - The court may
the care and custody of the minor to visit or have
issue a Protection Order requiring any person:
temporary custody.
(a) To stay away from the home, school, business,
Section 19. Appeal. - No appeal from the decision
or place of employment of the minor, other parent
shall be allowed unless the appellant has filed a
or any other party, or from any other specific place
motion for reconsideration or new trial within fifteen
designated by the court;
days from notice of judgment.
(b) To cease and desist from harassing,
An aggrieved party may appeal from the decision by
intimidating, or threatening such minor or the other
filing a Notice of Appeal within fifteen days from
parent or any person to whom custody of the minor
notice of the denial of the motion for reconsideration
is awarded;
or new trial and serving a copy thereof on the
(c) To refrain from acts of commission or omission adverse parties.
that create an unreasonable risk to the health,
Section 20. Petition for writ of habeas
safety, or welfare of the minor;
corpus. - A verified petition for a writ of habeas
(d) To permit a parent, or a party entitled to corpus involving custody of minors shall be filed
visitation by a court order or a separation with the Family Court. The writ shall be enforceable
agreement, to visit the minor at stated periods; within its judicial region to which the Family Court
belongs.
(e) To permit a designated party to enter the
residence during a specified period of time in order However, the petition may be filed with the regular
to take personal belongings not contested in a court in the absence of the presiding judge of the
proceeding pending with the Family Court; and Family Court, provided, however, that the regular
court shall refer the case to the Family Court as
(f) To comply with such other orders as are soon as its presiding judge returns to duty.
necessary for the protection of the minor.
The petition may also be filed with the appropriate
Section 18. Judgment. - After trial, the court shall regular courts in places where there are no Family
render judgment awarding the custody of the minor Courts.
to the proper party considering the best interests of
the minor. The writ issued by the Family Court or the regular
court shall be enforceable in the judicial region
If it appears that both parties are unfit to have the where they belong.
care and custody of the minor, the court may
designate either the paternal or maternal The petition may likewise be filed with the Supreme
grandparent of the minor, or his oldest brother or Court, Court of Appeals, or with any of its members
sister, or any reputable person to take charge of and, if so granted, the writ shall be enforceable
such minor, or commit him to any suitable home for anywhere in the Philippines. The writ may be made
children. returnable to a Family Court or to any regular court
within the region where the petitioner resides or
In its judgment, the court may order either or both where the minor may be found for hearing and
parents to give an amount necessary for the decision on the merits.
support, maintenance and education of the minor,
irrespective of who may be its custodian. In Upon return of the writ, the court shall decide the
determining the amount of support, the court may issue on custody of minors. The appellate court, or
consider the following factors: (1) the financial the member thereof, issuing the writ shall be
resources of the custodial and non-custodial parent furnished a copy of the decision.
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that the parents will make toward the care and well- Section 5. Visitation Rights. - Appropriate
being of the child. visitation rights shall be provided to the parent who
is not awarded provisional custody unless found
The Family Court may direct the deduction of unfit or disqualified by the court. .
the provisional support from the salary of the
parent. Section 6. Hold Departure Order. - Pending
resolution of the petition, no child of the parties
Section 4. Child Custody. - In determining the
shall be brought out of the country without prior
right party or person to whom the custody of the order from the court.
child of the parties may be awarded pending the
petition, the court shall consider the best interests The court, motu proprio or upon application
of the child and shall give paramount consideration under oath, may issue ex-parte a hold departure
to the material and moral welfare of the child. order, addressed to the Bureau of Immigration and
Deportation, directing it not to allow the departure
The court may likewise consider the following
of the child from the Philippines without the
factors: (a) the agreement of the parties; (b) the
permission of the court.
desire and ability of each parent to foster an open
and loving relationship between the child and the The Family Court issuing the hold departure
other parent; (c) the child's health, safety, and order shall furnish the Department of Foreign Affairs
welfare; (d) any history of child or spousal abase by and the Bureau of Immigration and Deportation of
the person seeking custody or who has had any filial the Department of Justice a copy of the hold
relationship with the child, including anyone departure order issued within twenty-four hours
courting the parent; (e) the nature and frequency from the time of its issuance and through the fastest
of contact with both parents; (f) habitual use of available means of transmittal.
alcohol or regulated substances; (g) marital
The hold-departure order shall contain the
misconduct; (h) the most suitable physical,
following information:
emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if (a) the complete name (including the middle name),
over seven years of age and of sufficient the date and place of birth, and the place of last
discernment, unless the parent chosen is unfit. residence of the person against whom a hold-
departure order has been issued or whose
The court may award provisional custody in
departure from the country has been enjoined;
the following order of preference: (1) to both
parents jointly; (2) to either parent taking into (b) the complete title and docket number of the
account all relevant considerations under the case in which the hold departure was issued;
foregoing paragraph, especially the choice of the
child over seven years of age, unless the parent (c) the specific nature of the case; and
chosen is unfit; (3} to the surviving grandparent, or
(d) the date of the hold-departure order.
if there are several of them, to the grandparent
chosen by the child over seven years of age and of If available, a recent photograph of the
sufficient discernment, unless the grandparent is person against whom a hold-departure order has
unfit or disqualified; (4) to the eldest brother or been issued or whose departure from the country
sister over twenty-one years of age, unless he or has been enjoined should also be included.
she is unfit or disqualified; (5) to the child's actual
custodian over twenty-one years of age, unless The court may recall the order. motu proprio
unfit or disqualified; or (6) to any other person or upon verified motion of any of the parties after
deemed by the court suitable to provide proper care summary hearing, subject to such terms and
and guidance for the child. conditions as may be necessary for the best
interests of the child.
The custodian temporarily designated by the"
court shall give the court and the parents five days Section 7. Order of Protection. - The court may
notice of any plan to change the residence of the issue an Order of Protection requiring any person:
child or take him out of his residence for more than (a) to stay away from the home, school, business,
three days provided it does not prejudice the or place of employment of the child, other parent or
visitation rights of the parents.
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Judge Marlo Malagar
any other party, and to stay away from any other [H] Republic of the Philippines
specific place designated by the court; SUPREME COURT
Manila
(b) to refrain from harassing, intimidating, or
threatening such child or the other parent or any A.M. NO. 02-1-19-SC
person to whom custody of the child is awarded;
RE: PROPOSED RULE ON COMMITMENT OF
(c) to refrain from acts of commission or omission CHILDREN
that create an unreasonable risk to the health,
Acting on the letter of the chairman of the
safety, or welfare of the child;
committee on revision of the rules of
(d) to permit a parent, or a person entitled to courtsubmitting for this court’s consideration and
visitation by a court order or a separation approval the proposed rule on commitment of
agreement, to visit the child at stated periods; children, the court resolved to approve the same.
(e) to permit a designated party to enter the The rule shall take effect on April 15, 2002 following
residence during a specified period of time in order its publication in a newspaper of general circulation
to take persona! belongings not contested in a not later than March 15, 2002.
proceeding pending with the Family Court;
February 28, 2002.
(f) to comply with such other orders as are
__________________
necessary for the protection of the child.
RULE ON THE COMMITMENT OF CHILDREN
Section 8. Administration of Common Property. - If
a spouse without just cause abandons the other or- SECTION 1. Objective, -The objective of this Rule
fails to comply with his or her obligations to the is to ensure that every effort is exerted to promote
family, the court may, upon application of the the child’s welfare and enhance his opportunities for
aggrieved party under oath, issue a provisional a useful and happy life, Toward this end, this Rule
order appointing the applicant or a third person as seeks to protect the child from all forms of neglect,
receiver or sole administrator of the common abuse, cruelty, exploitation and other conditions
property subject to such precautionary conditions it prejudicial to his development.
may impose.
SEC. 2. Interpretation. -The best interests of the
The receiver or administrator may not dispose child shall be the paramount consideration in all
of or encumber any common property or specific actions concerning him, whether undertaken by
separate property of either spouse without prior public or private social welfare institutions, courts of
authority of the court. law, administrative authorities and legislative
bodies consistent with the United Nations
The provisional order issued by the court shall
Convention on the Rights of the Child,
be registered in the proper Register of Deeds and
annotated in all titles of properties subject of the SEC. 3. Definition of Terms. –
receivership or administration.
(a) “Child” is a person below eighteen years of age.
Section 9. Effectivity. - This Rule shall take effect
on March 15, 2003 following its publication in a (b) “Department” refers to the Department of Social
newspaper of general circulation not later than Welfare and Development,
March 7, 2003.
(c) “Dependent child” is 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 his care and custody, and
is dependent upon the public for support.
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(e) “Neglected child” is one whose basic needs have abuse; or incompetence to discharge parental
been deliberately unattended to or inadequately responsibilities in accordance with Section 4 herein.
attended to, physically or emotionally, by his
parents or guardian. (o) “Voluntarily committed child” is one whose
parents knowingly and willingly relinquished
(f) “Physical neglect” occurs when the child is parental authority to the Department or any duly
malnourished, ill-clad and without proper shelter. licensed child-placement or child-caring agency or
individual in accordance with Section 3 herein.
(g) “Emotional neglect” occurs when a child is
raped, seduced, mal-treated, exploited, overworked (p) “Child-placing or child-placement agency” refers
or made to work under conditions not conducive to to a private non-profit or charitable institution or
good health; made to beg in the streets or public government agency duly licensed and accredited by
places, or when placed in moral danger, or exposed (he Department to provide comprehensive child
to drugs, alcohol, gambling, prostitution and other welfare services, including but not limited to,
vices. receiving applications for adoption or foster care,
evaluating the prospective adoptive or foster
(h) “Disabled child” includes mentally retarded,
parents and preparing the home study report.
physically handicapped, emotionally disturbed and
mentally ill children, children with cerebral palsy (q) “Child-caring agency” refers to a private non-
and those with similar afflictions. profit or charitable institution or government
agency duly licensed and accredited by the
(i) “Mentally retarded child” is one who is (1)
Department that provides twenty-four hour
socially incompetent, that is, socially inadequate,
residential care services for abandoned, orphaned,
occupational^ incompetent and unable to manage
neglected, involuntarily or voluntarily committed
his own affairs; (2) mentally subnormal; (3)
children.
intellectually retarded from birth or early age; (4)
retarded at maturity; (5) mentally deficient as a (r) “Guardian ad litem is a person appointed by the
result of constitutional origin through heredity or court where the case is pending for a child sought
diseases or (6) essentially incurable. to be committed to protect his best interests.
(j) “Physically handicapped child” is one who is (s) “Case Study Report” is a written report of the
crippled, deaf-mute, blind, or otherwise suffers result of an investigation conducted by a social
from a defect which restricts his means of action or worker as to the socio-cultural, economic and legal
communication with others. status or condition of the child sought to be
committed. It shall include among others his
(k) “Emotionally disturbed child” is one who,
developmental age, educational attainment, family
although not afflicted with insanity or mental defect,
and social relationships, the quality of his peer
is unable to maintain normal social relations with
group, his family’s strengths and weaknesses and
others and the community in general due to
parental control over him. The report is submitted
emotional problems or complexes.
to the Family Court to aid it in its evaluation of
(I) “Mentally ill child” is one with any behavioral whether the child ought to be committed to the care
disorder, whether functional or organic, which is of of the Department or any duly licensed child-
such a degree of severity as to require professional placement or child-caring agency or individual.
help or hospitalization.
SEC. 4. –
(m) “Commitment” or “surrender of a child” is the (a) Who may file. – The Secretary of the
legal act of entrusting a child to the care of the Department or his authorized representative or
Department or any duly licensed child- placement any duly licensed child-placement or child-caring
or child-caring agency or individual by the court, agency having knowledge of a child who appears
parent or guardian or any interested party. to be dependent, abandoned or neglected, may file
a verified petition for involuntary commitment of
(n) “Involuntarily committed child” is one whose said child to the care of any duly licensed child-
parents have been permanently and judicially placement or child-caring agency or individual.
deprived of parental authority due to abandonment;
substantial, continuous, or repeated neglect; (b) Venue. – The petition shall be filed with the
Family Court of the province or city in which the
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Judge Marlo Malagar
parent or guardian resides or where the child is (f) Guardian Ad Litem of Child. – If neither of the
found. parents nor the guardian of the child can be located
or does not appear in court despite due notice, or if
(c) Contents of Verified Petition. -The petition
the court finds them incompetent to protect the best
must state:
interests of the child, it shall be the duty of the court
1. The names of the parents or guardian and their to appoint a suitable person as guardian ad litem to
place of residence. If the child’s parents are represent the child. In making the appointment, the
unknown, petitioner must allege that diligent efforts court shall consider the background of the guardian
have been exerted to locate them. It said parents ad litem and his familiarity with the judicial process,
are deceased, petitioner shall attach a certified true social service programs and child development. A
copy of their death certificate; member of the Philippine Bar may be appointed
guardian ad litem.
2. The facts showing that the child is dependent,
abandoned, or neglected; (g) Child’s Right to Counsel. – The court, upon
request of the child capable of forming his own
3. The facts showing who has custody of the child views or upon request of his guardian ad litem, shall
at the time of the filing of the petition; and appoint a lawyer to represent him in the
proceedings.
4. The name, address and written consent of the
Department or duly licensed child-placement or (h) Duty of Public Prosecutor. – The provincial or
child-caring agency or individual to whose care the “city prosecutor shall appear for the State and
commitment of the child is sought to be entrusted. ascertain if there has been due notice to all parties
concerned and that there is justification for the
declaration of dependency, abandonment or
(d) Summons; Court to Set Time for Hearing. –
neglect.
If the court is satisfied that the petition is sufficient
in form and substance, it snail direct the clerk of (i) Hearing. – The court shall direct the person or
court to immediately issue summons which shall be agency which has custody of the child to bring the
served together with a copy of the petition and a latter to the court on the date of the hearing of the
notice of hearing, upon the parents or guardian of petition and shall ascertain the facts and determine
the child and the office of the public prosecutor not whether the child is dependent, abandoned, or
less than five (5) days before the date of the neglected, and if so, the-cause and circumstances
hearing. The office of the public prosecutor shall be of such condition.
directed to immediately transmit the summons to
the prosecutor assigned to the Family Court (j) Judgment. – If, after the hearing, the court
concerned. shall find the child to be dependent, abandoned, or
neglected, it shall render judgment committing him
If it appears from the petition that both parents of to the care and custody of the Department or any
the child are dead or that neither parent can be duly licensed child-placement or child-caring
found in the province or city where the court is agency or individual until he reaches the age of
located and the child has no guardian residing eighteen (18), The judgment shall likewise make
therein, summons may not be issued and the court proper provisions for the custody of the property or
shall thereupon appoint a guardian ad litem money belonging to the committed child.
pursuant to Sub-section (f) below and proceed with
the hearing of the case with due notice to the If the child is committed to the Department, it shall
provincial or city prosecutor. notify the court within thirty (30) days from the
order of commitment, the name and address of the
(e) Social Worker. – After the court sets the duly licensed and accredited child-placement or
petition for hearing in accordance with Sub-section child-caring agency or individual where the child
(d) above, it shall direct the social worker to submit, shall be placed.
before the hearing, a case study report of the child
to aid it in evaluating whether said child should be However, if the court finds that the abandonment or
committed to the care of the Department or any neglect of the child may be remedied, the child may
duly licensed child-placement or child-caring be allowed to stay in his own home under the care
agency or individual. The report shall bear the and control of his parents or guardian, subject to
signature of the social worker on every page. supervision and direction of the Department.
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Judge Marlo Malagar
(k) Visitation or Inspection. – Any duly licensed When conflicting interests arise among child-
child-placement or child-caring agency or individual placement or child-caring agencies, the court which
to whom a child has been committed by the court granted the involuntary commitment of the child,
shall be subject to visitation or inspection by a upon motion of the Department or any of the
representative of the court or of the Department, as agencies concerned, shall order the change of
the case may be or of both, to determine whether commitment of the child.
the welfare and interests of the child are being
(o) Removal of Custody. – A motion to remove
served,
custody of a child may be filed by an authorized
(I) Report of Person or Institution. – Any duly representative of the Department with knowledge of
licensed child-placement or child-caring agency or the facts against a child-placement or child-caring
individual to whom a child has been committed by agency or individual to whose custody a child has
judicial order may at any time be required by the been committed by the court on the ground of
court to submit a report, containing all necessary neglect of such child as defined in Section 3 (e) of
information for determining whether the welfare of this Rule. The court shall set the motion for hearing
the child is being served. with notice to the public prosecutor and the court-
designated social worker. If the court finds after
(m) Temporary Custody of Child. – The duly
hearing that the allegations of the motion have been
licensed child-placement or child-caring agency or
established and that it is for the best interests and
individual to whom a child has been committed may
welfare of the child, the court shall issue an order
file a verified motion with the court which granted
removing him from the custody of the person or
the petition for involuntary commitment of a child
agency, as the case may be, and committing him to
to place him in the care of any suitable person, upon
the custody of another duly licensed child-
the latter’s request, for a period not exceeding one
placement or child-caring agency or individual.
month at a time. The court may order the social
worker to submit a case study report to aid it in In the same proceeding, the court may suspend or
evaluating whether such temporary custody shall be revoke the license of the agency or individual found
for the best interests of the child. The period of guilty of such neglect depending upon the gravity or
temporary custody of the child may be extended by frequency of the offense.
the court for a period not exceeding one month at a
(p) Restoration of Parental Authority After
time upon motion of the duly licensed child-
Involuntary Commitment. –
placement or child-caring agency or individual to
which the child has been committed.
(i) Who may file; Ground. – The parents or guardian
The court, motu proprio, or upon request of the
of a child committed to the care of a person, agency
child assisted by his guardian ad litem, or at the
or institution by judicial order may file a verified
instance of the agency or person to whom the child
motion for the restoration of his rights over the child
was committed, after due notice and hearing, shall
with the court which granted the involuntary
discontinue the temporary custody of the child if it
appears that he is not being given proper care. commitment on the ground that he is now able to
take proper care and custody of said child, provided,
After one month from the date temporary custody however, that the child has not yet been adopted.
of the child was given to another suitable person,
(ii) Notice of Hearing. – The court shall fix the time
the agency or individual shall submit to the court a
and date for the hearing of the motion, which shall
verified report on whether the temporary custody of
the child has promoted his best interests. not be earlier than thirty (30) days nor later than
sixty (60) days from the date of the filing of said
(n) Change of Custody. – If the child is committed motion and cause notice of the hearing to be sent
to the Department, it shall have the authority to to the person, agency or institution to which the
change the custody o! a child it had placed with any child has been committed, the public prosecutor and
duly licensed child-placement or child-caring the court-designated social worker, at least five (5)
agency or individual if it appears that such change days before the date of hearing.
is for the best interests of the child. The Department
(iii) Hearing. – At the hearing, any person may be
shall notify the court of any change in custody of
the child, allowed to intervene at the discretion of the court to
contest the right to the relief demanded. Witnesses
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
may be called and examined by the parties or by absence or failure, any person with knowledge of
the court motu proprio. the facts, may file a verified petition to remove
custody of the child against the child-placement or
(iv) Resolution. – If it is found that the cause for the
child-caring agency or individual to whose custody
commitment of the child no longer exists and that
the child has been voluntarily committed on the
the movant is already able to take proper care and
ground of neglect of such child as defined in Section
custody of the child, the court, after taking into
3 (e) of this Rule. A child may also be removed from
consideration the best interests and the welfare of
the custody of the child-placement or child-caring
the child, shall issue a resolution terminating the
agency or individual on the ground that the
parental authority of the person, agency or voluntary commitment of the child was unjustified.
institution to whom the child was committed by
judicial order and restoring parental authority to the (ii) Venue. – The petition shall be filed with the
movant. Family Court of the province or city where the child-
placement or child-caring agency to which the child
has been voluntarily committed is located or where
q) Jurisdiction for Prosecution of Punishable the child may be found.
Acts. – The Family Court which granted the
involuntary commitment shall have jurisdiction over (iii) Contents of Verified Petition. – The petition
the prosecution of a child who left without prior must state:
permission from the person or institution to which
The name and address of the child-placement or
he has been judicially committed or the person
child-caring agency or individual to whose custody
under whose custody he has been judicially
the child has been voluntarily committed;
committed in accordance with Sub-section (m) of
Section 4 of this Rule. It shall likewise have The facts showing that the child has been neglected
jurisdiction over the person who induced the child by the agency or in cases where the voluntary
to leave such person or institution, except in case of commitment was unjustified, that the parents of the
actual or imminent grave physical or moral danger child are actually capable of taking care and custody
to the child. The Family Court which granted the of the child;
involuntary commitment shall also have jurisdiction
over the prosecution of parents or guardians of the The name, address and written consent of the duly
child who may be held liable under Articles 59 and licensed child-placement or child-caring agency or
60 of P.D. No. 603 and Sections 9, 10 and 31 of R.A. individual to whose care the child may be
No. 7610. transferred.
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SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
Department, suspend or revoke the license of the be arranged for the disabled child when his welfare
agency or individual found guilty of such neglect and interests are at stake,
depending upon the gravity or frequency of the
(b) Venue. – The petition for commitment of a
offense.
disabled child shall be filed with the Family Court of
the place where the parent or guardian resides or
(b) Restoration of Parental Authority After where the child is found.
Voluntary Commitment. – The restoration of
(c) Contents of Verified Petition. – The petition for
rights of the parent or guardian over the child who
commitment must stale the following:
has been voluntarily committed shall be governed
by the rules of the Department, provided, however, (1) The facts showing that the child appears to be
that the petition for restoration is filed within six (6) mentally retarded, physically handicapped,
months from the date of voluntary commitment. In emotionally disturbed, mentally ill, with cerebral
case the Department refuses to grant legal custody ‘palsy or with similar afflictions and needs
and parental authority to the parent or guardian institutional care;
over the child who has been voluntarily committed
to an agency or individual, the parent or guardian (2) The name of the parents and their residence, if
may file a petition in court for restoration of parental known, or if the child has no living parent, the name
authority in accordance with Section 4 (p) of this and residence of the guardian, if any; and
Rule.
(3) The fact that the parents or guardian or any duty
(c) Jurisdiction for Prosecution of Punishable licensed disabled child-placement or child-caring
Acts. – The Family Court of the place where the agency, as the case may be, has opposed the
child may be found or where the duly licensed child- commitment of such child;
placement or child-caring agency or individual is
(4) The name and written conformity of the
located shall have jurisdiction over the prosecution
institution where the child is to be committed.
of a child who left without prior permission from the
person or institution to which he has been (5) An estimate of the costs and other expenses of
voluntarily committed. It shall likewise have maintaining the child in the institution.
jurisdiction over the person who induced the child
to leave such person or institution, except in case of
grave actual or imminent physical or moral danger, The verified petition shall be sufficient if based upon
to the child. The same Family Court shall also have the personal knowledge of the petitioner.
jurisdiction over the prosecution of parents or (d) Order of Hearing; Notice. – If the petition filed
guardians of the child who may be held liable under is sufficient in form and substance, the court, by an
Articles 59 and 60 of P.O. No, 603 and Sections 9, order reciting the purpose of the petition, shall fix
10 and 31 of R.A. No. 7610. the date of the hearing thereof, and a copy of such
SEC. 6. Petition for Commitment of a Disabled order shall be served on the child alleged to be
Child. – mentally retarded, physically handicapped,
emotionally disturbed, mentally ill, with cerebral
(a) Who may file. – Where a child appears to be palsy or with similar afflictions and on the person
mentally retarded physically handicapped, having charge of him or any of his relatives residing
emotionally disturbed, mentally ill, with cerebral in the province or city as the court may deem
palsy or with similar afflictions and needs proper.
institutional care but his parents or guardians are
opposed thereto, the Department, or any duly The order shall also direct the sheriff or any other
licensed child-placement or child-caring agency or officer of the court to produce, if necessary, the
individual may file a verified petition for alleged disabled child on the date of the hearing.
commitment of the said child to any reputable (e) Hearing and Judgment. – If the court finds that
institution providing care, training and rehabilitation the allegations of the petition have been established
for disabled children. and that institutional care of the child is for his best
The parents or guardian of the child may file a interests or the public welfare and that his parents,
similar petition in case no immediate placement can or guardian or relatives are unable for any reason
whatsoever to take proper care of him, the court
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Judge Marlo Malagar
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