Landingin v.

Republic
G.R. No. 164948, June 27, 2006
Callejo, Sr., J. / KMD

SUBJECT MATTER: Adoption; Requisites to be an adopter; Need for consent

CASE SUMMARY:

In this case, after the grandmother died with whom the children were staying, the petitioner filed a
petition for adoption of her deceased brother’s children. The children’s mother is living with her second
family in Italy. RTC granted the adoption since the mother of the children and petitioner’s children had
expressed their consent. However, the CA reversed RTC ruling due to failure of securing a written
consent of the mother and the consent given by petitioner’s children which was executed in Guam cannot
be recognized by Philippine courts. SC affirmed CA judgment.

DOCTRINES:
Written consent of biological mother is an indispensable requirement as is intended to protect the natural
parental relationship from unwarranted interference by interlopers, and to insure the opportunity to
safeguard the best interests of the child in the manner of the proposed adoption.

FACTS:
 On February 4, 2002, Diwata Ramos Landingin, a citizen of the United States of America (USA)
and a resident of Guam, USA, filed a petition for the adoption of minors Elaine Dizon Ramos 15
years old; Elma Dizon Ramos 14 years ols; and Eugene Dizon Ramos 12 years old.
 They are natural children of Manuel Ramos, petitioner’s brother, and Amelia Ramos.
 When Manuel died on May 19, 1990, Amelia, went to Italy, re-married there and now has two
children by her second marriage and no longer communicated with her children.
 The petitioner and her children, and relatives abroad are financially supporting minors who were
living with their grandmother.
 When their grandmother passed away on November 23, 2000, petitioner desires to adopt the
children. The minors have given their written consent to the adoption, petitioner is qualified to
adopt, and petitioner’s children gave their written consent to the adoption of the minors.
 After Department of Social Welfare and Development (DSWD) conducted a case study. Social
Welfare Officer recommended the adoption of minors Elaine D. Ramos, Elma D. Ramos and
Eugene D. Ramos by the petitioner, their paternal aunt Diwata Landingin as the minors’ mother
consented to it and the minors are willing to be adopted by children.
 However, they failed to present any documentary evidence to prove that the mother assents to the
adoption.
 November 23, 2002, the court, finding merit in the petition for adoption, rendered a decision
granting said petition.
 April 29, 2004, the CA rendered a decision reversing the ruling of the RTC as they failed to
adduce in evidence the voluntary consent of the mother, Amelia Ramos, and the affidavit of
consent of the petitioner’s children could not also be admitted in evidence as the same was
executed in Guam, USA and was not authenticated or acknowledged before a Philippine consular
office. Also, petitioner’s income is not enough to support the children.
 Petitioner filed a Motion for Reconsideration which the CA denied.
 Hence this petition contending that
o the lower court has overlooked and misapplied some facts and circumstances which are
of weight and importance and which if considered would have affected the result of the
case. 

  the lower court erred in concluding that the petitioner is not financially capable to support the
three children. 


ISSUE:
1) WON the petitioner is entitled to adopt the minors without the written consent of
their biological mother, Amelia Ramos. (NO)
HELD:
1.) No, petitioner is not entitled to adopt the minor without the written consent of the biological mother.
The general requirement of consent and notice to the natural parents is intended to protect the natural
parental relationship from unwarranted interference by interlopers, and to insure the opportunity to
safeguard the best interests of the child in the manner of the proposed adoption. Also, when she filed her
petition with the trial court, Rep. Act No. 8552 was already in effect. Section 9 thereof provides that if the
written consent of the biological parents cannot be obtained, the written consent of the legal guardian of
the minors will suffice. Thus, written consent to adoption is indispensable.

For abandonment to be a ground for not requiring mother’s consent, abandonment must be shown to have
existed at the time of adoption. However, in this case, the mother’s act of leaving for Italy after husband
died cannot be considered abandonment of children as it was her means of financially supporting her
children, even if financial support given by mother is significantly smaller than the financial support
given by petitioner and other relatives. Merely permitting the child to remain for a time undisturbed in the
care of others is not abandonment. In fact, in times of serious problems, the minors consult the mother on
what to do.

CFI judgment AFFIRMED.

RA 8552 Sec. 9. Whose Consent is Necessary to the Adoption.

—After being properly counseled and informed of his/her right to give or withhold his/her approval of the
adoption, the written consent of the following to the adoption is hereby required:

. (a) The adoptee, if ten (10) years of age or over; 


. (b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child; 


. (c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s)
and adoptee, if any; 


. (d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter, if living with
said adopter and the latter’s spouse, if any; 


. (e) The spouse, if any, of the person adopting or to be adopted.