ADOPTION

REPORT BY:
MARK RAINER Y. LOZARES
 ADOPTION

 PART 1.INTRODUCTION AND GENERAL

PRINCIPLES

 PART 2. GOVERNING RULES AND LAWS ON

ADOPTION
 A. RULES COVERING DOMESTIC ADOPTION
 B. RULES COVERING INTER-COUNTRY
ADOPTION

 PART 3. CASES
PART 1.INTRODUCTION
AND GENERAL PRINCIPLES
 DEFINE Adoption?

 It has been defined as “the act by which relations of

paternity and affiliation are recognized as legally
existing between persons not so related by nature.

 It is a judicial act which creates between two persons

a relationship similar to that which results from
legitimate paternity and affiliation.
 Are Adoption Liberally Construed??

 YES. To carry out the beneficial purposes of adoption

institution and to protect the adopted child in the
rights and privileges coming to it as a result of the
adoption.
 Nature of adoption in Philippine law

 1. Adoption proceedings are always judicial and in rem,

i.e., publication is required
 2. A mere agreement of adoption between the adopters
and the parents of the child is not a valid adoption, nor
the fact that the child had been adopted de facto (ampon)
by the alleged adopting parents
 3. Neither is mere registration of the child in the civil
registry as the child of the adopter a valid adoption. This
even amounts to the crime of simulation of birth
 4. The capacity and right of the adopter to file a petition
for adoption are governed by the law in force at the time
the petition is filed, and cannot be impaired by a new
law disqualifying him or her for adoption
Does adoption confer on the adopted child the citizenship of
the adopter?

 No. Adoption does not confer on the adopted child

the citizenship of the adopter. Adoption is a matter
political and not civil in nature, and the ways in
which it should be conferred are outside the ambit of
the Civil Code.
PART 2. GOVERNING RULES
AND LAWS
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
SHORT TITLE Domestic Adoption Act of 1998
KIND Judicial Adoption
PROMULGATION Feb 25, 1998
WHAT IT R.A. 8552 amended Articles 183
GOVERNS? up to 193 of the Family Code of
the Philippines and is the
governing law for Filipino
Citizens adopting other Filipinos
(whether relative or strangers)
with some exceptions. Rescission
of Adoption is no longer allowed
under R.A. 8552.
REPUBLIC ACT. NO.
8043
Inter-Country Adoption
Act of 1995
Extrajudicial Adoption
June 7, 1995
R.A. 8043 on the other
hand, governs the
adoption of Filipinos by
Foreigners, and is
implemented by Inter-
Country Adoption Board.
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
DEFINITON OF "Child" is a person below
CHILD eighteen (18) years of age.
WHO MAY a. Any Filipino Citizen;
ADOPT? b. Any alien possessing the
same qualifications as stated
for Filipino nationals
c. The guardian with respect to
ward.
QUALIFICATIONS For Filipino Citizen
a. of legal age, in possession of
full civil capacity and legal
rights
REPUBLIC ACT. NO.
8043
Child means a person
below fifteen (15) years of
age unless sooner
emancipated by law.
An alien or a Filipino
citizen permanently
residing abroad may file
an application for inter-
country adoption of a
Filipino child
(a) is at least twenty-
seven (27) years of age
and at least sixteen (16)
years older than the child
to be adopted, at the time
of application
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
QUALIFICATIONS b. of good moral character, has
not been convicted of any
crime involving moral
turpitude, emotionally
c. psychologically capable of
caring for children
d. at least sixteen (16) years older
than the adoptee, and who is
in a position to support and
care for his/her children in
keeping with the means of the
family. (waived when the
adopter is the biological
parent of the adoptee, or is
the spouse of the adoptee's
parent;)
REPUBLIC ACT. NO.
8043
unless the adopter is the
parent by nature of the
child to be adopted or the
spouse of such parent:
(b) if married, his/her
spouse must jointly file for
the adoption;
(c) has the capacity to act
and assume all rights and
responsibilities of
parental authority under
his national laws, and has
undergone the
appropriate counseling
from an accredited
counselor in his/her
country;
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
QUALIFICATIONS For Alien
a. same qualifications as above
stated for Filipino nationals:
b. his/her country has
diplomatic relations with the
Republic of the Philippines
c. he/she has been living in the
Philippines for at least three
(3) continuous years prior to
the filing of the application
for adoption and maintains
such residence until the
adoption decree is entered
REPUBLIC ACT. NO.
8043
(d) has not been
convicted of a crime
involving moral
turpitude;
(e) is eligible to adopt
under his/her national
law;
(f) is in a position to
provide the proper care
and support and to give
the necessary moral
values and example to all
his children, including the
child to be adopted;
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
QUALIFICATIONS a. he/she has been certified by
his/her diplomatic or
consular office or any
appropriate government
agency that he/she has the
legal capacity to adopt in
his/her country
b. his/her government allows
the adoptee to enter his/her
country as his/her adopted
son/daughter:
REPUBLIC ACT. NO.
8043
(g) agrees to uphold the
basic rights of the child as
embodied under
Philippine laws, the U.N.
Convention on the Rights
of the Child, and to abide
by the rules and
regulations issued to
implement the provisions
of this Act;
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
QUALIFICATIONS Residency and certification of
the alien's qualification to
adopt in his/her country may
be waived for the following:
(i) a former Filipino citizen who
seeks to adopt a relative within
the fourth (4th) degree of
consanguinity or affinity; or
(ii) if one spouse seeks to adopt
his/her own illegitimate
son/daughter: Provided,
However, that the other spouse
has signified his/her consent
thereto; or
(iii) if the spouses are legally
separated from each other.
REPUBLIC ACT. NO.
8043
(h) comes from a country
with whom the
Philippines has
diplomatic relations and
whose government
maintains a similarly
authorized and accredited
agency and that adoption
is allowed under his/her
national laws; and
(i) possesses all the
qualifications and none of
the disqualifications
provided herein and in
other applicable
Philippine laws.
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
QUALIFICATIONS In case husband and wife jointly
adopt, or one spouse adopts the
illegitimate son/daughter of the
other, joint parental authority
shall be exercised by the
spouses.

Guardian
only after the termination of the
guardianship and clearance of
his/her financial
accountabilities.
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
WHO MAY BE (a) Any person below eighteen
ADOPTED (18) years of age who has been
administratively or judicially
declared available for adoption;
(b) The legitimate son/daughter
of one spouse by the other spouse;
(c) An illegitimate son/daughter
by a qualified adopter to improve
his/her status to that of
legitimacy;
(d) A person of legal age if, prior
to the adoption, said person has
been consistently considered and
treated by the adopter(s) as
his/her own child since minority;
REPUBLIC ACT. NO.
8043
Only a legally free child
may be the subject of inter-
country adoption. In order
that such child may be
considered for placement,
the following documents
must be submitted to the
Board:
(a)Child study;
(b)Birth
certificate/foundling
certificate;
(c)Deed of voluntary
commitment/decree of
abandonment/death
certificate of parents;
 Distinctions between R.A. 8552 and R.A. 8043
ADOPTION REPUBLIC ACT. NO. 8552
LAWS
WHO MAY BE (e) A child whose adoption has
ADOPTED been previously rescinded; or
(f) A child whose biological or
adoptive parent(s) has
died: Provided, That no
proceedings shall be initiated
within six (6) months from the
time of death of said parent(s).
WHERE TO FILE Family Court of the place where
APPLICATION the adopter resides
REPUBLIC ACT. NO.
8043
(d)Medical evaluation
/history;
(e)Psychological
evaluation, as necessary;
and
(f)Recent photo of the
child.
RTC having jurisdiction over the
child, or with the Inter-Country
Adoption Board, through an
intermediate agency, whether
governmental or authorized and
accredited agency, in the country
of the prospective adoptive
parents.
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
WHAT PETITION May include prayer for change of Only Petition for
FOR ADOPTION name, rectification of simulated Adoption.
MAY INCLUDE? birth or declaration that the
child is foundling, abandoned,
dependent or neglected child.
IS THERE A NEED Not required. Required to be annexed
TO INCLUDE to the petition.
INCOME TAX
RETURNS, POLICE
CLEARANCE,
CHARACTER
REFERENCE,
FAMILY
PICTURE,COLB OF
ADOPTER?
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
SUPERVISED Supervised Trial Custody Period Supervised Trial Custody
TRIAL CUSTODY in the Philippines for at least 6 Period in the Philippines
months. (may be reduced or be for at least 6 months.
exempt)
PENALTY FOR ANY Shall automatically suffer Same.
GOVERNMENT suspension until resolution of
OFFICIAL, the case.
EMPLOYEE OR
FUNCTIONARY
WHO SHALL BE
FOUND GUILTY OF
VIOLATING ANY OF
THE PROVISIONS
OF THIS ADOPTION
LAWS
Guidelines in Petitions for Adoptions under R.A.
8552

 1. preparation of petition for the person wanting to

adopt.
 2. payment of filling/docket fee, petition is raffled to a
FC, if sufficient in form and substance, the court issues
an order, setting the case for initial hearing, order for
conduct of case study and home visit
 3. publishing in a newspaper of general circulation
 4. case study and home visit
 5. initial hearing
 6. presentation of evidence
 7. issuance of Certificate of Finality.
PART 3. CASES
 Landingin v. Republic of the Philippines
G.R. No. 164948, June 27, 2006

 Facts:
 Diwata Ramos Landingin (u.s. Citizen, resident of Guam,
57 year old widow, has children of her own who are
already married, works as a restaurant server in U.S.)
filed for petition of 3 minors who are natural children of
her brother (deceased) and Amelia Ramos (natural
mother of minors who went to Italy and remarried there
who had already 2 kids in her 2nd marriage)
 The minors are left to their paternal grandparent Maria
who later died so Diwata desires to adopt the children;
 Minors, the children of petitioner, have given their
written consent to adoption.
 Landingin v. Republic of the Philippines
G.R. No. 164948, June 27, 2006

 Issues:
 Whether petitioner is financially capable to support
the three minors?

 SC Ruling:
 The petition is denied. Since the primary
consideration in adoption is the best interest of the
child, it follows that the financial capacity of
prospective parents should be carefully evaluated
and considered.
 In the Matter of the Adoption of Stephanie Nathy
Garcia v. Catindig. GR. No. 148311, March 31, 2005

 Issue:
 May an illegitimate child, upon adoption by her
natural father, use the surname of her natural
mother as her middle name?

 SC Ruling:
 Yes, since there is no law prohibiting an illegitimate
child adopted by her natural father, like Stephanie,
to use, as middle name her mother’s surname we
find no reason why she should not be allowed to do
so.
 Isabelita S. Lahom v. Jose Melvin Sibulo
G.R. No. 143989

 Facts:
 Dr. Diosdado Lahom and Isabelita Lahom has no
offspring so they decided to legally adopt Isabelita’s
nephew Jose Melvin Sibulo.
 Jose Melvin refused to change his surname from
Sibulo to Lahom, to the frustration of the petitioner
particularly Diosdado Lahom until latter died.
 That Joses’s motive to his adoption is his expectancy
of his alledged rights over the properties of the
Spouses.
 Isabelita S. Lahom v. Jose Melvin Sibulo
G.R. No. 143989

 Issue:
 Whether the subject adoption, decreed on May 5, 1972, can
still be revoked or rescinded by an adopter after the effectivity
of R.A. No. 8552?

 Held:
 NO. It was months after the effectivity of R.A. No. 8552 that
herein petitioner filed an action to revoke the decree of
adoption granted in 1975. By then, the new law, had already
abrogated and repealed the right of an adopter under the Civil
Code and the Family Code to rescind a decree of adoption.
Consistently with its earlier pronouncements, the Court
should now hold that the action for action for rescission of the
adoption decree, having been initiated by petitioner after R.A.
No. 8552 had come into force, no longer could be pursued.