ADOPTION

A. DEFINITION OF ADOPTION At present, there are a lot of definitions of ADOPTION given by different authorities. In our Philippines however, we are inclined to follow the definitions closely related, intertwined, and most applicable to our urisdiction. The definition of adoption given in the Philippine !aw Dictionary " is that #it is a means devised in law so that persons who are otherwise childless in need one who has developed, and who are capable of giving the love, care and attention to a child that normally only the natural parents can tender, may ta$e the child as their own%. The &upreme 'ourt of the Philippines has also given its own definition of adoption. As held in the case of In The (atter Of The Adoption Of &tephanie Nathy Astorga )arcia *onorato +. 'atindig,, adoption is defined as #the process of ma$ing a child, whether related or not to the adopter, possess in general, the rights accorded to a legitimate child. It is a uridical act, a proceeding in rem which creates between two persons a relationship similar to that which results from legitimate paternity and filiation%. ADOPTION IS A PRIVILEGE -hile the popular notion that adoption is a matter of right, the privilege to adopt is in itself not naturally innate or fundamental but rather a right merely created by statute. It is a privilege that is governed by the state.s determination on what it may deem to be for the best interest and welfare of the child. (atters relating to adoption, including the withdrawal of the right of an adopter to nullify the adoption decree, are sub ect to regulation by the &tate. It is submitted that the government should, through enacting the proper laws, always ta$e into consideration the paramount safety, best interest and welfare of the child adopted. It should strictly monitor the standards set by law, it should ma$e sure that it is being followed at all times sub ect only to e/ceptions provided by statute, and allow only those who are 0ualified to adopt. This is in order to shield the children from any $ind of
1 2

1rederico +. (oreno, Philippine !aw Dictionary, 2rd 3d., "455 In The (atter Of The Adoption Of &tephanie Nathy Astorga )arcia *onorato +. 'atindig, ).6. No. "752"", (arch 2", ,889

harm that adoption might bring about. Therefore, adoption is a privilege and not a matter of #right%.

B. NATURE AND CONCEPT OF ADOPTION In modern times, adoption is considered not merely an act to establish a #relationship of paternity and filiation, but also as an act which endows the child with a legitimate status. This concept was strengthened in "454, when the Philippines, as a &tate Party to the 'onvention of the 6ights of the 'hild initiated by the :nited Nations, accepted the principle that adoption is impressed with social and moral responsibility, and that its underlying intent is geared to favor the adopted child. The governing law for this matter is 6epublic Act No. 599,, otherwise $nown as the #Domestic Adoption Act of "445,% which secures these rights and privileges for the adopted. 2 There is without any prescribed action that may be instituted for the udicial confirmation of a de facto adoption. Nor do our ad ective and substantive laws on adoption provide for such a proceeding. In fact, the only proper and authori;ed procedure relative to adoption is outlined in the rule on adoption itself. No action or proceeding for udicial confirmation of a de facto adoption is authori;ed in this urisdiction. 1urthermore, by its very nature and purpose, a decree of adoption can never be made to retroact.7 The act of adoption fi/es a status, vis., that of parent and child. (ore technically, it is an act by which relations of paternity and affiliation are recogni;ed as legally e/isting between persons not so related by nature. It has been defined as the ta$ing into ones family of the child of another as son or daughter and heir and conferring on it a title to the rights and privileges of such. The purpose of an adoption proceeding is to effect this new status of relationship between the child and its adoptive parents, the change of name which fre0uently accompanies adoption being more an incident than the ob ect of the proceeding.9 C. GOVERNING LAWS ". The basic governing law on domestic adoption is 6epublic Act No. 599,, which is # An Act 3stablishing the 6ules and Policies on the Domestic Adoption of 1ilipino 'hildren.% It was approved on 1ebruary ,9, "445. It too$ effect fifteen <"9= days after its
3 4

Ibid. Office of the 'ourt Administrator vs. )ines, A.(. No. 6T> 4,?58,, >uly 9, "442 5 6epublic of the Philippines vs. 'ourt of Appeals and (a/imo -ong, ).6. No. 4@48A

complete publication in the Official )a;ette or in at least two newspaper of general circulation. 6A 599, amended Articles "52 up to "42 of the 1amily 'ode of the Philippines and is the governing law for 1ilipino citi;ens adopting other 1ilipinos <whether relatives or strangers= with some e/ceptions. :nder Article "4, of the 1', the adopting couple may under certain circumstances as$ for udicial rescission of the adoption. 6escission of adoption is no longer allowed under 6A 599,. ,. Inter?country or foreing adoptions, however, are governed by 6epublic Act No. 5872, which is #An Act 3stablishing the 6ules to )overn Inter?'ountry Adooption of 1ilipino 'hildren% approved on >une ,, "449. 2. Prior laws on adoption include provisions in the 'hild and Bouth -elfare 'ode, Presidential Decree No. A82, the 1amily 'ode and 3/ecutive Order No. 4" which amended Articles ,5, ,4, 28, 2", 22 and 29 of Presidential Decree No. A82. 7. The 1amily 'ode e/pressly repealed Articles "@?"4, ,@?2", 24?7, of the 'ivil 'ode and Articles ,@?,4, 2", 22 and 29 of Presidential Decree No. A82. 9. And to implement the provisions of the 1amily 'ourts Act, the &upreme 'ourt promulgated the #6ule on Adoption%, A.(. No. 8,?A?8,?&', effective August ,,, ,88,, which supersedes 6ule 44 and "88 of the 6ules of 'ourt on adoption, e/cept &ections A and @ thereof. The 6:!3& ON ADOPTION A.(. No. 8,?A?8,?&', is a new rule on adoption, which superseded the rules in adoption in the 6ules of 'ourt. This provides for the procedures in domestic adoption and inter?country adoption. &ections " to ,9 primarily applies to domestic adoption and section ,A to 22 applies to inter? country adoption. . As stated above, the basic governing law on domestic adoption is 6epublic Act No. 599,, which is #An Act 3stablishing the 6ules and Policies on the Domestic Adoption of 1ilipino 'hildren.% *ere in domestic adoption, it is a 1ilipino adopting a 1ilipino. On the other hand, 6epublic Act No. 5872 #An Act 3stablishing the 6ules to )overn Inter?'ountry Adoption of 1ilipino 'hildren%, governs the adoption of 1ilipinos by foreigners, and is implemented by the Inter?'ountry Adoption +oard. *ere, the 1ilipino children are adopted by foreigners. The ob ectives sought in Inter?'ountry adoption are as followsC

Sec. 2. Objectives. (a) The best !te"ests #$ the ch %& sha%% be the 'a"a(#)!t c#!s &e"at #! ! a%% (atte"s "e%at !* t# h s ca"e+ c)st#&, a!& a&#'t #!+ ! acc#"&a!ce - th Ph % '' !e %a-s+ the U! te& Nat #!s (UN) C#!.e!t #! #! the R *hts #$ the Ch %&+ UN Dec%a"at #! #! S#c a% a!& Le*a% P" !c '%es Re%at !* t# the P"#tect #! a!& We%$a"e #$ Ch %&"e! - th S'ec a% Re$e"e!ce t# F#ste" P%ace(e!t a!& A&#'t #!+ Nat #!a%%, a!& I!te"!at #!a%%,+ a!& the /a*)e C#!.e!t #! #! the P"#tect #! #$ Ch %&"e! a!& C##'e"at #! ! Res'ect #$ I!te"0c#)!t", A&#'t #!. (b) The State sha%% '"#. &e a%te"!at .e '"#tect #! a!& ass sta!ce th"#)*h $#ste" ca"e #" a&#'t #! $#" e.e", ch %& -h# s a $#)!&% !*+ !e*%ecte&+ #"'ha!e&+ #" aba!&#!e&. T# th s e!&+ the State sha%%1 ( ) e!s)"e that e.e", ch %& "e(a !s )!&e" the ca"e a!& c)st#&, #$ h s 'a"e!ts a!& s '"#. &e& - th %#.e+ ca"e+ )!&e"sta!& !* a!& sec)" t, $#" the $)%% a!& ha"(#! #)s &e.e%#'(e!t #$ h s 'e"s#!a% t,. O!%, -he! s)ch e$$#"ts '"#.e !s)$$ c e!t a!& !# a''"#'" ate '%ace(e!t #" a&#'t #! - th ! the ch %&2s e3te!&e& $a( %, s a.a %ab%e sha%% a&#'t #! b, a! )!"e%ate& 'e"s#! be c#!s &e"e&. ( ) sa$e*)a"& the b #%#* ca% 'a"e!ts $"#( (a4 !* hast, &ec s #!s ! "e% !5) sh !* the " 'a"e!ta% a)th#" t, #.e" the " ch %&6 ( ) '"e.e!t the ch %& $"#( )!!ecessa", se'a"at #! $"#( h s b #%#* ca% 'a"e!ts6 ( .) c#!&)ct ')b% c !$#"(at #! a!& e&)cat #!a% ca('a *!s t# '"#(#te a '#s t .e e!. "#!(e!t $#" a&#'t #!6 (.) e!s)"e that *#.e"!(e!t a!& '" .ate sect#" a*e!c es ha.e the ca'ac t, t# ha!&%e a&#'t #! !5) " es+ '"#cess &#(est c a&#'t #! a''% cat #!s a!& #$$e" a&#'t #!0"e%ate& se". ces !c%)& !*+ b)t !#t % ( te& t#+ 'a"e!t '"e'a"at #! a!& '#st0a&#'t #! e&)cat #! a!& c#)!se% !*6 (. ) e!c#)"a*e &#(est c a&#'t #! s# as t# '"ese".e the ch %&2s &e!t t, a!& c)%t)"e ! h s !at .e %a!&+ a!& #!%, -he! th s s !#t a.a %ab%e sha%% !te"0 c#)!t", a&#'t #! be c#!s &e"e& as a %ast "es#"t6 a!& (. ) '"#tect a&#'t .e 'a"e!ts $"#( atte('ts t# & st)"b the " 'a"e!ta% a)th#" t, a!& c)st#&, #.e" the " a&#'te& ch %&. A!, .#%)!ta", #" !.#%)!ta", te"( !at #! #$ 'a"e!ta% a)th#" t, sha%% be a&( ! st"at .e%, #" 7)& c a%%, &ec%a"e& s# as t# estab% sh the stat)s #$ the ch %& as 8%e*a%%, a.a %ab%e $#" a&#'t #!9 a!& h s c)st#&, t"a!s$e""e& t# the De'a"t(e!t #$ S#c a% We%$a"e a!& De.e%#'(e!t #" t# a!, &)%, % ce!se& a!& acc"e& te& ch %&0'%ac !* #" ch %&0ca" !* a*e!c,+ -h ch e!t t, sha%% be a)th#" :e& t# ta4e ste's $#" the
4

'e"(a!e!t '%ace(e!t #$ the ch %&.

STATUTOR; CONSTRUCTION OF T/E LAW Accordingly, the law should be construed liberally, in a manner that will sustain rather than defeat said purpose. The law must also be applied with compassion, understanding and less severity in view of the fact that it is intended to provide homes, love, care and education for less fortunate children. *owever, it should always be borne in mind the paramount welfare and best interest of the child.

BEST INTERESEST OF T/E C/ILD In all laws on adoption, the ob ectives stated are all for the benefit and best interest of the child so that proper care and custody may be provided to him. This is for the reason that this present rule, 6A 5872 and 6A 599, are enacted to provide for the procedure, 0ualifications and conditions that must be complied with and met by persons who opt to adopt. The purpose of adoption is the promotion of the welfare of the child and the enhancement of his opportunities for a useful and happy life, and every intendment is sustained to promote that ob ective. The &upreme 'ourt has said that adoption statutes, being humane and salutary, hold the interests and welfare of the child to be of paramount consideration. They are designed to provide homes, parental care and education for unfortunate, needy or orphaned children and give them the protection of society and family, as well as to allow childless couples or persons to e/perience the oys of parenthood and give them legally a child in the person of the adopted for the manifestation of their natural parental instincts. 3very reasonable intendment should be sustained to promote and fulfill these noble and compassionate ob ectives of the law.A BENEFIT OF T/E ADOPTER Adoption, although a recourse primarily for the benefit of the child, it also has benefit for the adopter such that persons with no children are allowed to adopt so that they may e/perience the oys of paternity and have an ob ect for the manifestations of their instinct of parenthood.
6

In 6eC Petition for Adoption ff (ichelle P. !im. ).6. Nos. "A544,?42, (ay ,", ,884

Adoption can be one of the most rewarding aspects of life for both the adopting parent and the adopted child. It really is wonderful and ama;ing to open your heart and home to a child that did not come from your womb, but you.re willing to love and nurture her ust the same. (any moms are grateful for the opportunity they.ve had to adopt, especially when it saved a child from a physical or emotionally dangerous situation. BRIEF /ISTOR; AND T/E PURPOSE BE/IND ADOPTION In ancient times, the 6omans undertoo$ adoption to assure male heirs in the family. The continuity of the adopter.s family was the primary purpose of adoption and all matters relating to it basically focused on the rights of the adopter. There was hardly any mention about the rights of the adopted. 'ountries, li$e )reece, 1rance, &pain and 3ngland, in an effort to preserve inheritance within the family, neither allowed nor recogni;ed adoption. It was only much later when adoption was given an impetus in law and still later when the welfare of the child became a paramount concern. &pain itself which previously disfavored adoption ultimately relented and accepted the 6oman law concept of adoption which, subse0uently, was to find its way to the archipelago. The Americans came and introduced their own ideas on adoption which, unli$e most countries in 3urope, made the interests of the child an overriding consideration. In the early part of the century ust passed, the rights of children invited universal attentionD the )eneva Declaration of 6ights of the 'hild of "4,7 and the :niversal Declaration of *uman 6ights of "475, followed by the :nited Nations Declarations of the 6ights of the 'hild, were written instruments that would also protect and safeguard the rights of adopted children. The 'ivil 'ode of the Philippines of "498 on adoption, later modified by the 'hild and Bouth -elfare 'ode and then by the 1amily 'ode of the Philippines, gave immediate statutory ac$nowledgment to the rights of the adopted. In "454, the :nited Nations initiated the 'onvention of the 6ights of the 'hild. The Philippines, a &tate Party to the 'onvention, accepted the principle that adoption was impressed with social and moral responsibility, and that its underlying intent was geared to favor the adopted child. 6.A. No. 599, secured these rights and privileges for the adopted. (ost importantly, it affirmed the legitimate status of the adopted child, not only in his new family but also in the society as well. The new law withdrew the right of an adopter to rescind the adoption decree and gave to the adopted child the sole right to sever the legal ties created by adoption.@

Isabelita &. !ahom vs. >ose (elvin &ibulo <previously referred to as ED6. (3!FIN &. !A*O(E=, ).6. No. "72454, >uly "7, ,882

DEFINITION OF TER<S As found in A.<. N#. =20>0=20SC 8R)%e #! A&#'t #!9

Sec. ?. Definition of Terms. F#" ')"'#ses #$ th s R)%e1 (a) 8Ch %&9 s a 'e"s#! be%#- e *htee! (@A) ,ea"s #$ a*e at the t (e #$ the $ % !* #$ the 'et t #! $#" a&#'t #!. (b) 8A ch %& %e*a%%, a.a %ab%e $#" a&#'t #!9 "e$e"s t# a ch %& -h# has bee! .#%)!ta" %, #" !.#%)!ta" %, c#(( tte& t# the De'a"t(e!t #" t# a &)%, % ce!se& a!& acc"e& te& ch %&0'%ac !* #" ch %&0ca" !* a*e!c,+ $"ee& #$ the 'a"e!ta% a)th#" t, #$ h s b #%#* ca% 'a"e!ts+ #" ! case #$ "esc ss #! #$ a&#'t #!+ h s *)a"& a! #" a&#'te"(s). (c) 8V#%)!ta" %, c#(( tte& ch %&9 s #!e -h#se 'a"e!ts 4!#- !*%, a!& - %% !*%, "e% !5) sh 'a"e!ta% a)th#" t, #.e" h ( ! $a.#" #$ the De'a"t(e!t. (&) 8I!.#%)!ta" %, c#(( tte& ch %&9 s #!e -h#se 'a"e!ts+ 4!#-! #" )!4!#-!+ ha.e bee! 'e"(a!e!t%, a!& 7)& c a%%, &e'" .e& #$ 'a"e!ta% a)th#" t, #.e" h ( &)e t# aba!&#!(e!t6 s)bsta!t a%+ c#!t !)#)s #" "e'eate& !e*%ect a!& ab)se6 #" !c#('ete!ce t# & scha"*e 'a"e!ta% "es'#!s b % t es. (e) 8F#)!&% !*9 "e$e"s t# a &ese"te& #" aba!&#!e& !$a!t #" ch %& -h#se 'a"e!ts+ *)a"& a! #" "e%at .es a"e )!4!#-!6 #" a ch %& c#(( tte& t# a! #"'ha!a*e #" cha" tab%e #" s ( %a" !st t)t #! - th )!4!#-! $acts #$ b "th a!& 'a"e!ta*e a!& "e* ste"e& ! the C . % Re* ste" as a 8$#)!&% !*.9 ($) 8Aba!&#!e& ch %&9 "e$e"s t# #!e -h# has !# '"#'e" 'a"e!ta% ca"e #" *)a"& a!sh ' #" -h#se 'a"e!ts ha.e &ese"te& h ( $#" a 'e" #& #$ at %east s 3 (>) c#!t !)#)s (#!ths a!& has bee! 7)& c a%%, &ec%a"e& as s)ch. (*) 8De'e!&e!t ch %&9 "e$e"s t# #!e -h# s - th#)t a 'a"e!t+ *)a"& a! #" c)st#& a! #" #!e -h#se 'a"e!ts+ *)a"& a! #" #the" c)st#& a! $#" *##& ca)se &es "es t# be "e% e.e& #$ h s ca"e a!& c)st#&, a!& s &e'e!&e!t )'#! the ')b% c $#" s)''#"t. (h) 8Ne*%ecte& ch %&9 s #!e -h#se bas c !ee&s ha.e bee! &e% be"ate%, !#t atte!&e& t# #" !a&e5)ate%, atte!&e& t#+ 'h,s ca%%, #" e(#t #!a%%,+ b, h s 'a"e!ts #" *)a"& a!. ( ) 8Ph,s ca% !e*%ect9 #cc)"s -he! the ch %& s (a%!#)" she&+ %%0c%a& a!& - th#)t '"#'e" she%te".
7

(7) 8E(#t #!a% !e*%ect9 e3 sts -he! a ch %& s "a'e&+ se&)ce&+ (a%t"eate&+ e3'%# te&+ #.e"-#"4e& #" (a&e t# -#"4 )!&e" c#!& t #!s !#t c#!&)c .e t# *##& hea%th #" (a&e t# be* ! the st"eets #" ')b% c '%aces+ #" '%ace& ! (#"a% &a!*e"+ #" e3'#se& t# &")*s+ a%c#h#%+ *a(b% !*+ '"#st t)t #! a!& #the" . ces. (4) 8Ch %&0'%ace(e!t a*e!c,9 "e$e"s t# a! a*e!c, &)%, % ce!se& a!& acc"e& te& b, the De'a"t(e!t t# '"#. &e c#('"ehe!s .e ch %& -e%$a"e se". ces !c%)& !*+ b)t !#t % ( te& t#+ "ece . !* a''% cat #!s $#" a&#'t #!+ e.a%)at !* the '"#s'ect .e a&#'t .e 'a"e!ts a!& '"e'a" !* the a&#'t #! h#(e st)&, "e'#"t. (%) 8Ch %&0ca" !* a*e!c,9 "e$e"s t# a! a*e!c, &)%, % ce!se& a!& acc"e& te& b, the De'a"t(e!t that '"#. &es 2B0h#)" "es &e!t a% ca"e se". ces $#" aba!&#!e&+ #"'ha!e&+ !e*%ecte& #" .#%)!ta" %, c#(( tte& ch %&"e!. (() 8De'a"t(e!t9 "e$e"s t# the De'a"t(e!t #$ S#c a% We%$a"e a!& De.e%#'(e!t. (!) CDee& #$ V#%)!ta", C#(( t(e!t9 "e$e"s t# the -" tte! a!& !#ta" :e& !st")(e!t "e% !5) sh !* 'a"e!ta% a)th#" t, a!& c#(( tt !* the ch %& t# the ca"e a!& c)st#&, #$ the De'a"t(e!t e3ec)te& b, the ch %&2s b #%#* ca% 'a"e!ts #" ! the " abse!ce+ (e!ta% !ca'ac t, #" &eath+ b, the ch %&2s %e*a% *)a"& a!+ t# be - t!esse& b, a! a)th#" :e& "e'"ese!tat .e #$ the De'a"t(e!t a$te" c#)!se% !* a!& #the" se". ces ha.e bee! (a&e a.a %ab%e t# e!c#)"a*e the b #%#* ca% 'a"e!ts t# 4ee' the ch %&. (#) 8Ch %& St)&, Re'#"t9 "e$e"s t# a st)&, (a&e b, the c#)"t s#c a% -#"4e" #$ the ch %&2s %e*a% stat)s+ '%ace(e!t h st#",+ 's,ch#%#* ca%+ s#c a%+ s' " t)a%+ (e& ca%+ eth!#0c)%t)"a% bac4*"#)!& a!& that #$ h s b #%#* ca% $a( %, !ee&e& ! &ete"( ! !* the (#st a''"#'" ate '%ace(e!t $#" h ( (') 8/#(e St)&, Re'#"t9 "e$e"s t# a st)&, (a&e b, the c#)"t s#c a% -#"4e" #$ the (#t .at #! a!& ca'ac t, #$ the '"#s'ect .e a&#'t .e 'a"e!ts t# '"#. &e a h#(e that (eets the !ee&s #$ a ch %&. (5) 8S)'e". se& t" a% c)st#&,9 "e$e"s t# the 'e" #& #$ t (e &)" !* -h ch a s#c a% -#"4e" #.e"sees the a&7)st(e!t a!& e(#t #!a% "ea& !ess #$ b#th a&#'te"s a!& a&#'tee ! stab % : !* the " $ % a% "e%at #!sh ' (") 8L ce!se& S#c a% W#"4e"9 "e$e"s t# #!e -h# '#ssesses a &e*"ee ! bache%#" #$ sc e!ce ! s#c a% -#"4 as a ( ! ()( e&)cat #!a% "e5) "e(e!t a!& -h# has 'asse& the *#.e"!(e!t % ce!s)"e e3a( !at #! $#" s#c a% -#"4e"s as "e5) "e& b, Re')b% c Act N#. B?D?. (s) 8S ()%at #! #$ b "th9 s the ta('e" !* #$ the c . % "e* st", t# (a4e t a''ea" !
8

the b "th "ec#"&s that a ce"ta ! ch %& -as b#"! t# a 'e"s#! -h# s !#t h s b #%#* ca% (#the"+ th)s ca)s !* s)ch ch %& t# %#se h s t")e &e!t t, a!& stat)s. (t) 8B #%#* ca% Pa"e!ts9 "e$e" t# the ch %&2s (#the" a!& $athe" b, !at)"e. ()) 8P"e0A&#'t #! Se". ces9 "e$e" t# 's,ch#0s#c a% se". ces '"#. &e& b, '"#$ess #!a%%,0t"a !e& s#c a% -#"4e"s #$ the De'a"t(e!t+ the s#c a% se". ces )! ts #$ %#ca% *#.e"!(e!ts+ '" .ate a!& *#.e"!(e!t hea%th $ac % t es+ Fa( %, C#)"ts+ % ce!se& a!& acc"e& te& ch %&0ca" !* a!& ch %&0'%ace(e!t a*e!c es a!& #the" !& . &)a%s #" e!t t es !.#%.e& ! a&#'t #! as a)th#" :e& b, the De'a"t(e!t. (.) 8Res &e!ce9 (ea!s a 'e"s#!2s act)a% sta, ! the Ph % '' !es $#" th"ee (?) c#!t !)#)s ,ea"s ((e& ate%, '" #" t# the $ % !* #$ a 'et t #! $#" a&#'t #! a!& -h ch s (a !ta !e& )!t % the a&#'t #! &ec"ee s e!te"e&. Te('#"a", abse!ces $#" '"#$ess #!a%+ b)s !ess+ hea%th+ #" e(e"*e!c, "eas#!s !#t e3cee& !* s 3t, (>=) &a,s ! #!e (@) ,ea" &#es !#t b"ea4 the c#!t !) t, "e5) "e(e!t. (-) 8A% e!9 "e$e"s t# a!, 'e"s#!+ !#t a F % ' !# c t :e!+ -h# e!te"s a!& "e(a !s ! the Ph % '' !es a!& s ! '#ssess #! #$ a .a% & 'ass'#"t #" t"a.e% &#c)(e!ts a!& . sa. W/O <A; ADOPT In order to protect the child from certain abuses and any untoward incidents, it is a (:&T for our government to provide measures and standards to screen those persons who intend to adopt. Only those persons who meet these 0ualifications should be allowed to adopt. SEC. B. Who may adopt. The $#%%#- !* (a, a&#'t1 (@) A!, F % ' !# c t :e! #$ %e*a% a*e+ ! '#ssess #! #$ $)%% c . % ca'ac t, a!& %e*a% " *hts+ #$ *##& (#"a% cha"acte"+ has !#t bee! c#!. cte& #$ a!, c" (e !.#%. !* (#"a% t)"' t)&e6 -h# s e(#t #!a%%, a!& 's,ch#%#* ca%%, ca'ab%e #$ ca" !* $#" ch %&"e!+ at %east s 3tee! (@>) ,ea"s #%&e" tha! the a&#'tee+ a!& -h# s ! a '#s t #! t# s)''#"t a!& ca"e $#" h s ch %&"e! ! 4ee' !* - th the (ea!s #$ the $a( %,. The "e5) "e(e!t #$ a @>0,ea" & $$e"e!ce bet-ee! the a*e #$ the a&#'te" a!& a&#'tee (a, be -a .e& -he! the a&#'te" s the b #%#* ca% 'a"e!t #$ the a&#'tee #" s the s'#)se #$ the a&#'tee2s 'a"e!t6 (2) A!, a% e! '#ssess !* the sa(e 5)a% $ cat #!s as ab#.e0state& $#" F % ' !# !at #!a%s1 P"#. &e&+ That h s c#)!t", has & '%#(at c "e%at #!s - th the Re')b% c #$

the Ph % '' !es+ that he has bee! % . !* ! the Ph % '' !es $#" at %east th"ee (?) c#!t !)#)s ,ea"s '" #" t# the $ % !* #$ the 'et t #! $#" a&#'t #! a!& (a !ta !s s)ch "es &e!ce )!t % the a&#'t #! &ec"ee s e!te"e&+ that he has bee! ce"t $ e& b, h s & '%#(at c #" c#!s)%a" #$$ ce #" a!, a''"#'" ate *#.e"!(e!t a*e!c, t# ha.e the %e*a% ca'ac t, t# a&#'t ! h s c#)!t",+ a!& that h s *#.e"!(e!t a%%#-s the a&#'tee t# e!te" h s c#)!t", as h s a&#'te& ch %&. P"#. &e&+ $)"the"+ That the "e5) "e(e!ts #! "es &e!c, a!& ce"t $ cat #! #$ the a% e!2s 5)a% $ cat #! t# a&#'t ! h s c#)!t", (a, be -a .e& $#" the $#%%#- !*1 ( ) a $#"(e" F % ' !# c t :e! -h# see4s t# a&#'t a "e%at .e - th ! the $#)"th (Bth) &e*"ee #$ c#!sa!*) ! t, #" a$$ ! t,6 #" ( ) #!e -h# see4s t# a&#'t the %e* t (ate ch %& #$ h s F % ' !# s'#)se6 #" ( ) #!e -h# s (a"" e& t# a F % ' !# c t :e! a!& see4s t# a&#'t 7# !t%, - th h s s'#)se a "e%at .e - th ! the $#)"th (Bth) &e*"ee #$ c#!sa!*) ! t, #" a$$ ! t, #$ the F % ' !# s'#)se. /)sba!& a!& - $e sha%% 7# !t%, a&#'t+ e3ce't ! the $#%%#- !* cases1 ( ) $ #!e s'#)se see4s t# a&#'t the %e* t (ate ch %& #$ #!e s'#)se b, the #the" s'#)se6 #" ( ) $ #!e s'#)se see4s t# a&#'t h s #-! %%e* t (ate ch %&1 P"#. &e&+ h#-e.e"+ That the #the" s'#)se has s *! $ e& h s c#!se!t the"et#6 #" ( ) $ the s'#)ses a"e %e*a%%, se'a"ate& $"#( each #the". I! case h)sba!& a!& - $e 7# !t%, a&#'t #" #!e s'#)se a&#'ts the %%e* t (ate ch %& #$ the #the"+ 7# !t 'a"e!ta% a)th#" t, sha%% be e3e"c se& b, the s'#)ses.

SU<<AR; PERSONS W/O <A; ADOPT1 There are three categories of persons who are allowed to adopt in the PhilippinesC ". Any 1ilipino 'iti;enD ,. Any alien possessing the same 0ualifications as above?stated for 1ilipino nationalsD 2. The guardian with respect to the ward.
10

T/E REEUISITES IN ORDER FOR A FILIPINO CITIFEN TO ADOPT ARE T/E FOLLOWING1 ". ,. 2. 7. 9. A. @. Of legal ageD In possession of full capacity and legal rightsD Of good moral characterD *as not been convicted of any crime involving moral turpitudeD 3motionally and psychologically capable of caring of childrenD At least "A years older than the adopteeD and In a position to support and care for hisGher children in $eeping with the means of the family.

AGE DIFFERENCE REEUIRE<ENT AND WAIVER T/EREOF1 As a re0uirement, the adopter must be atleast "A years older than the adoptee <item no. A in the re0uisites=. The re0uirement of "A years age difference between the adopter and the adoptee may be waived if the adopter isC ". The biological parent of the adopteeD ,. The spouse of the adopteeHs parent.

T/E REEUISITES IN ORDER FOR AN ALIEN TO ADOPT ARE T/E FOLLOWING1 ". *e meets the 0ualifications re0uired to the 1ilipino adopterD ,. That his country has diplomatic relations with the PhilippinesD 2. That he has been living in the Philippines for at least 2 continuous years prior to the filing of the application for adoptionD 7. (aintains residence until the adoption decree is enteredD 9. 'ertified to have legal capacity to adopt by his countryD and A. That his government t allows the adoptee to enter his country as his adopted child. T/ERE <A; BE WAIVER OF T/E RESIDENC; REEUIRE<ENT OF ALIEN ADOPTER IN FOLLOWING INSTANCES1 ". The adopter a former 1ilipino citi;en who see$s to adopt a relative within the fourth <7th= degree of consanguinity or affinityD
11

,.

one who see$s to adopt the legitimate child of his 1ilipino spouseD or

2. one who is married to a 1ilipino citi;en and see$s to adopt ointly with his spouse a relative within the fourth <7th= degree of consanguinity or affinity of the 1ilipino spouse. W/EN /USBAND AND WIFE <A; ADOPT The 1amily 'ode providesC Article "59. *usband and wife must ointly adopt e/cept in the following casesC <"= -hen one spouse see$s to adopt his own legitimate his own illegitimate childD or <,= -hen one spouse see$s to adopt the legitimate child of the other. The present rule and 6A 559,5 providesC *usband and wife shall ointly adopt, e/cept in the following casesC <i= if one spouse see$s to adopt the legitimate child of one spouse by the other spouseD or <ii= if one spouse see$s to adopt his own illegitimate childC Provided, however, That the other spouse has signified his consent theretoD or <iii= if the spouses are legally separated from each other.

In case husband and wife ointly adopt or one spouse adopts the illegitimate child of the other, oint parental authority shall be e/ercised by the spouses. Article "59 of the 1amily 'ode re0uires a oint adoption by the husband and the wife, a condition that must be read together with Article "57. The historical bac$ground of said provision has led to this re0uirement. Presidential Decree No. A824 provides that the husband and the wife may ointly adopt. 3/ecutive Order No. 4", issued on December "@, "45A, amended said provision of PD No. A82. It mandates that both husband and wife shall ointly adopt if one of them is an alien. It was made so to protect 1ilipino children who are put up for adoption. &aid children are usually helpless and at the mercy of their
8 9

Domestic Adoption Act of "445 'hild and Bouth -elfare 'ode

12

adopters. The 1amily 'ode reiterated this rule by re0uiring husband and wife to ointly adopt e/cept in the cases mentioned above.

GOINT ADOPTION B; /USBAND AND WIFE <ANDATOR; >oint parental authority over the child is the reason for the mandatory re0uirement. This concept is desired by law and is deemed the ideal situation. As the child to be adopted is elevated to the level of a legitimate child, it is but natural to re0uire the spouses to adopt ointly. The rule also insures harmony between the spouses."8 EAC/ OF T/E SPOUSES <UST BE EUALIFIED TO ADOPT IN /IS OWN RIG/T W/EN ADOPTING GOINTL; Also from the case stated above, citing the case of 6epublic v. 'ourt of Appeals"", the 'ourt recogni;es the ineligibility of an alien husband with a former 1ilipino wife see$ing to adopt the latter.s nephews and niece. The wife was 0ualified to adopt under Article "57, paragraph 2 <a=, she being a former 1ilipino who see$s to adopt a relative by consanguinity, she could not ointly adopt with her husband under Article "59 because he was an alien ineligible to adopt here in the Philippines. IS GOINT ADOPTION B; A WIFE W/O IS A FOR<ER FILIPINO CITIFEN AND B; /USBAND W/O IS NATURAL0 BORN CITIFEN OF ANOT/ER COUNTR; ALOWEDH There are several urisprudence which have addressed this particular situation. In the case of 6epublic of the Philippines vs. Toledano",, the &upreme 'ourt ruled that the adoption must be filed ointly by husband and wife, unless they fall under the e/ceptions. Also, when adopting ointly, each one of them must be 0ualified to adopt in his own right. Although the provisions in 1amily 'ode on adoption were superseded by 6A 599,, 6A 5872 and this rule on the procedure, which is mandatory oint adoption by both husband and wife under Article "59 of the 1amily 'ode, has been carried over to 6A 599,, specifically, &ection @, and this 6ule on Adoption, A.(. No. 8,?A?8,?&', specifically &ection 7.

10 11

6epublic of the Philippines vs. *on. 6odolfo Toledano, ).6. No. 47"7@, >une 5, "447 6epublic v. 'A, ).6. No. 4,2,A, >anuary ,7, "44, 12 Ibid.

13

SEC. I. Wh# (a, be a&#'te&. The $#%%#- !* (a, be a&#'te&1 (@) A!, 'e"s#! be%#- e *htee! (@A) ,ea"s #$ a*e -h# has bee! .#%)!ta" %, c#(( tte& t# the De'a"t(e!t )!&e" A"t c%es @IB+ @II a!& @I> #$ P.D. N#. >=? #" 7)& c a%%, &ec%a"e& a.a %ab%e $#" a&#'t #!6 (2) The %e* t (ate ch %& #$ #!e s'#)se+ b, the #the" s'#)se6 (?) A! %%e* t (ate ch %&+ b, a 5)a% $ e& a&#'te" t# "a se the stat)s #$ the $#"(e" t# that #$ %e* t (ac,6 (B) A 'e"s#! #$ %e*a% a*e "e*a"&%ess #$ c . % stat)s+ $+ '" #" t# the a&#'t #!+ sa & 'e"s#! has bee! c#!s ste!t%, c#!s &e"e& a!& t"eate& b, the a&#'te"s as the " #-! ch %& s !ce ( !#" t,6 (I) A ch %& -h#se a&#'t #! has bee! '"e. #)s%, "esc !&e&6 #" (>) A ch %& -h#se b #%#* ca% #" a&#'t .e 'a"e!ts ha.e & e&1 P"#. &e&+ That !# '"#cee& !*s sha%% be ! t ate& - th ! s 3 (>) (#!ths $"#( the t (e #$ &eath #$ sa & 'a"e!ts. (D) A ch %& !#t #the"- se & s5)a% $ e& b, %a- #" these ")%es. W/O <A; BE ADOPTED

&ection 9 of A. (. 8,?A?8,?&' specifically enumerates who may be adopted. :nder &ection 9 <"=, those that may be adopted are minor children who have been voluntarily committed to the Department under Articles "97, "99 and "9A of P.D. No. A82 or udicially declared available for adoption.

A child is considered #voluntarily committed% whenC

a= the parent or guardian of a dependent, abandoned or neglected child voluntarily

commit him to the Department of &ocial -elfare or any duly licensed child placement agency"2D
b= the child is surrendered in writing by his parents or guardian to the care and

custody of the Department of &ocial -elfare or duly licensed child placement agency. In case of the death or legal incapacity of either parent or abandonment of the child for a period of at least one year, the other parent alone shall have the authority to ma$e the commitment. The Department of &ocial -elfare, or any proper and duly licensed child placement agency or individual shall have the
13

Art. "97, P. D. A82.

14

authority to receive, train, educate, care for or arrange appropriate placement of such child"7D
c= a child shall have been committed in accordance with the preceding article and

such child shall have been accepted by the Department of &ocial -elfare or any duly licensed child placement agency or individual, the rights of his natural parents, guardian, or other custodian to e/ercise parental authority over him shall cease"9.

A PERSON OF LEGAL AGE <A; BE ADOPTED :nder &ec. 9 <7=, even a person of legal age may be adoptedD Provided, that such person has been consistently considered and treated by the adopters as their own child since minority.

Therefore, if the child has been living with the second parents and has been treated as child of said parents since minority, even when such child reaches the age of ma ority, they could still apply for his adoption.
Sec. >. Venue. The 'et t #! $#" a&#'t #! sha%% be $ %e& - th the Fa( %, C#)"t #$ the '"#. !ce #" c t, -he"e the '"#s'ect .e a&#'t .e 'a"e!ts "es &e.

W/ERE TO FILE PETITION FOR ADOPTION Petition for adoption must be filed with the 1amily 'ourt of the province or city where the prospective adoptive parents resideD not in the place where the adoptee resides.
Sec. D. Contents of the Petition. The 'et t #! sha%% be .e" $ e& a!& s'ec $ ca%%, state at the hea& !* #$ the ! t at#", '%ea& !* -hethe" the 'et t #! c#!ta !s a! a''% cat #! $#" cha!*e #$ !a(e+ "ect $ cat #! #$ s ()%ate& b "th+ .#%)!ta", #" !.#%)!ta", c#(( t(e!t #$ ch %&"e!+ #" &ec%a"at #! #$ ch %& as aba!&#!e&+ &e'e!&e!t #" !e*%ecte&. @) I$ the a&#'te" s a F % ' !# c t :e!+ the 'et t #! sha%% a%%e*e the $#%%#- !*1 (a) The 7)" s& ct #!a% $acts6 (b) That the 'et t #!e" s #$ %e*a% a*e+ ! '#ssess #! #$ $)%% c . % ca'ac t, a!& %e*a% " *hts6 s #$ *##& (#"a% cha"acte"6 has !#t bee! c#!. cte& #$ a!, c" (e !.#%. !* (#"a% t)"' t)&e6 s e(#t #!a%%, a!& 's,ch#%#* ca%%, ca'ab%e #$ ca" !* $#" ch %&"e!6 s at %east s 3tee! (@>) ,ea"s
14 15

Art. "99, ibid. Art. "9A, ibid.

15

#%&e" tha! the a&#'tee+ )!%ess the a&#'te" s the b #%#* ca% 'a"e!t #$ the a&#'tee #" s the s'#)se #$ the a&#'tee2s 'a"e!t6 a!& s ! a '#s t #! t# s)''#"t a!& ca"e $#" h s ch %&"e! ! 4ee' !* - th the (ea!s #$ the $a( %, a!& has )!&e"*#!e '"e0a&#'t #! se". ces as "e5) "e& b, Sect #! B #$ Re')b% c Act N#. AII2. 2) I$ the a&#'te" s a! a% e!+ the 'et t #! sha%% a%%e*e the $#%%#- !*1 (a) The 7)" s& ct #!a% $acts6 (b) S)b0'a"a*"a'h @(b) ab#.e6 (c) (c) That h s c#)!t", has & '%#(at c "e%at #!s - th the Re')b% c #$ the Ph % '' !es6 (&) That he has bee! ce"t $ e& b, h s & '%#(at c #" c#!s)%a" #$$ ce #" a!, a''"#'" ate *#.e"!(e!t a*e!c, t# ha.e the %e*a% ca'ac t, t# a&#'t ! h s c#)!t", a!& h s *#.e"!(e!t a%%#-s the a&#'tee t# e!te" h s c#)!t", as h s a&#'te& ch %& a!& "es &e the"e 'e"(a!e!t%, as a! a&#'te& ch %&6 a!& (e) That he has bee! % . !* ! the Ph % '' !es $#" at %east th"ee (?) c#!t !)#)s ,ea"s '" #" t# the $ % !* #$ the 'et t #! a!& he (a !ta !s s)ch "es &e!ce )!t % the a&#'t #! &ec"ee s e!te"e&. The "e5) "e(e!ts #$ ce"t $ cat #! #$ the a% e!2s 5)a% $ cat #! t# a&#'t ! h s c#)!t", a!& #$ "es &e!c, (a, be -a .e& $ the a% e!1 ( ) s a $#"(e" F % ' !# c t :e! -h# see4s t# a&#'t a "e%at .e - th ! the $#)"th &e*"ee #$ c#!sa!*) ! t, #" a$$ ! t,6 #" ( ) see4s t# a&#'t the %e* t (ate ch %& #$ h s F % ' !# s'#)se6 #" ( ) s (a"" e& t# a F % ' !# c t :e! a!& see4s t# a&#'t 7# !t%, - th h s s'#)se a "e%at .e - th ! the $#)"th &e*"ee #$ c#!sa!*) ! t, #" a$$ ! t, #$ the F % ' !# s'#)se. ?) I$ the a&#'te" s the %e*a% *)a"& a! #$ the a&#'tee+ the 'et t #! sha%% a%%e*e that *)a"& a!sh ' ha& bee! te"( !ate& a!& the *)a"& a! ha& c%ea"e& h s $ !a!c a% acc#)!tab % t es. B) I$ the a&#'te" s (a"" e&+ the s'#)se sha%% be a c#0'et t #!e" $#" 7# !t a&#'t #! e3ce't $1 (a) #!e s'#)se see4s t# a&#'t the %e* t (ate ch %& #$ the #the"+ #" (b) $ #!e s'#)se see4s t# a&#'t h s #-! %%e* t (ate ch %& a!& the #the" s'#)se s *! $ e& -" tte! c#!se!t the"et#+ #" (c) $ the s'#)ses a"e %e*a%%, se'a"ate& $"#( each #the". I) I$ the a&#'tee s a $#)!&% !*+ the 'et t #! sha%% a%%e*e the e!t" es -h ch sh#)%& a''ea" ! h s b "th ce"t $ cate+ s)ch as !a(e #$ ch %&+ &ate #$ b "th+ '%ace #$ b "th+ $ 4!#-!6 se3+ !a(e a!& c t :e!sh ' #$ a&#'t .e (#the" a!& $athe"+ a!& the &ate a!& '%ace #$ the " (a"" a*e.

16

>) I$ the 'et t #! '"a,s $#" a cha!*e #$ !a(e+ t sha%% a%s# state the ca)se #" "eas#! $#" the cha!*e #$ !a(e. I! a%% 'et t #!s+ t sha%% be a%%e*e&1 (a) The $ "st !a(e+ s)"!a(e #" !a(es+ a*e a!& "es &e!ce #$ the a&#'tee as sh#-! b, h s "ec#"& #$ b "th+ ba't s(a% #" $#)!&% !* ce"t $ cate a!& sch##% "ec#"&s. (b) That the a&#'tee s !#t & s5)a% $ e& b, %a- t# be a&#'te&. (c) The '"#bab%e .a%)e a!& cha"acte" #$ the estate #$ the a&#'tee. (&) The $ "st !a(e+ s)"!a(e #" !a(es b, -h ch the a&#'tee s t# be 4!#-! a!& "e* ste"e& ! the C . % Re* st",. A ce"t $ cat #! #$ !#!0$#")( sh#'' !* sha%% be !c%)&e& ')"s)a!t t# Sect #! I+ R)%e D #$ the @JJD R)%es #$ C . % P"#ce&)"e.

/OW TO PREPARE A PETITION FOR ADOPTION The petition for adoption "= must be verifiedD and ,= must contain the followingC a= certificate of non?forum shopping"AD and b= state at the at the heading of the initiatory pleading whether the petition contains an application forC
i) ii) iii) iv)

change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

CONTENTS OF T/E PETITION FOR AN ADOPTER W/O IS A FILIPINO CITIFEN The petition must state and allege the followingC <a= The urisdictional facts <such as the petition, proof of publication in newspaper of general circulation, notice to the Office of the &olicitor )eneral, etc=. <b= The petitionerHs 0ualifications such asC i= that petitioner is of legal age, in possession of full civil capacity and legal rightsD ii= that petitioner is of good moral characterD
16

&ec. 9, 6ule @ of the "44@ 6ules of 'ivil Procedure.

17

iii= that petitioner has not been convicted of any crime involving moral turpitudeD is emotionally and psychologically capable of caring for childrenD

iv= that petitioner is at least si/teen <"A= years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adopteeHs parentD and is in a position to support and care for his children in $eeping with the means of the familyD and <c= The petitioner has undergone pre?adoption services as re0uired in &ection 7 of 6epublic Act No. 599,. As provided in &ection 7 of 6epublic Act No. 599,, the D&-D shall provide the services of licensed social wor$ers to the followingC

<a= +iological Parent<s= #'ounseling shall be provided to the parent<s= before and after the birth of hisGher child. No binding commitment to an adoption plan shall be permitted before the birth of hisGher child. A period of si/ <A= months shall be allowed for the biological parent<s= to reconsider any decision to relin0uish hisGher child for adoption before the decision becomes irrevocable. 'ounseling and rehabilitation services shall also be offered to the biological parent<s= after heGshe has relin0uished hisGher child for adoption. &teps shall be ta$en by the Department to ensure that no hurried decisions are made and all alternatives for the child.s future and the implications of each alternative have been provided%D

<b= Prospective Adoptive Parent<s= #'ounseling sessions, adoption fora and seminars, among others, shall be provided to prospective adoptive parent<s= to resolve possible adoption issues and to prepare himGher for effective parenting%D and

<c= Prospective Adoptee 'ounseling sessions shall be provided to ensure that heGshe understands the nature and effects of adoption and is able to e/press hisGher views on adoption in accordance with hisGher age and level of maturity%.
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FOR AN ADOPTER W/O IS AN ALIEN The petition must state and allege the followingC <a= The urisdictional factsD <b= The 0ualifications set forth to a 1ilipino adopterD <c= The petitioner has availed the pre?adoption services re0uirementD <d= That his country has diplomatic relations with the 6epublic of the PhilippinesD <e= That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted childD and <f= That he has been living in the Philippines for at least three <2= continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered, unless he falls under some e/ceptions.

EKCEPTIONS <a= that he is a former 1ilipino citi;en who see$s to adopt a relative within the 7th degree of consanguinity or affinityD or <b= that he see$s to adopt the legitimate child of his 1ilipino spouse (take note: it did not say anything about illegitimate child); or <c= that he is married to a 1ilipino citi;en and see$s to adopt ointly with his spouse a relative within the 7th degree of consanguinity or affinity of the 1ilipino spouse.

FOR AN ADOPTER W/O IS T/E LEGAL GUARDIAN OF T/E ADOPTEE

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The petition shall allege thatC <a= The guardianship had been terminated and the guardian had cleared his financial accountabilities.

FOR AN ADOPTER W/O IS <ARRIED The spouse shall be a co?petitioner for oint adoption unless he falls under the e/ceptions which he must allege the e/ception. The e/ceptions areC <a= one spouse see$s to adopt the legitimate child of the other, or <b= if one spouse see$s to adopt his own illegitimate child and the other spouse signified written consent thereto, or <c= if the spouses are legally separated from each other.

>oint adoption by both the husband and wife is a mandatory re0uirement e/cept with the above?mentioned e/ceptions. In case the husband and wife ointly adopt, or one spouse adopts the illegitimate sonGdaughter of the other, oint parental authority shall be e/ercised by the spouses. The mandatory re0uirement is in consonance with the concept of oint parental authority over the child, which is the ideal situation. As the child to be adopted is elevated to the level of a legitimate child, it is but natural to re0uire the spouses to adopt ointly. The rule also insures harmony between the spouses.

AN UNWED <OT/ER SUBSEEUENTL; <ARRIES T/E BIOLOGICAL FAT/ER OF /ER C/ILD6 IS ADOPTION PROPERH No. The legal remedy would not be adoption but legitimation under Articles "@@ to "5, of the 1amily 'ode <if there are no legal obstacles when the child was conceived
20

or born=

IF T/E ADOPTEE IS A FOUNDLING The petition must state and allegeC <a= The entries which should appear in his birth certificate, such asC <i= <ii= <iii= <iv= <v= name of child, date of birth, place of birth, if $nownD se/, name and citi;enship of adoptive mother and father, and the date and place of their marriage.

If the child is a foundling, abandoned, dependent or neglected child, one has to allege the fact that the child is such.

IF T/E PETITION PRA;S FOR A C/ANGE OF NA<E The Petition shall also state the cause or reason for the change of name. The caption of the petition shall contain the registered name of the child, the aliases and the new name desired for the child must also be alleged in the petition. Included in the body of the petition if it involves a change of nameC

<a= The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

<b= That the adoptee is not dis0ualified by law to be adopted. <c= The probable value and character of the estate of the adoptee.

21

<d= The first name, surname or names by which the adoptee is to be $nown and registered in the 'ivil 6egistry. -hen the petition includes a prayer for change of name, notice to the Office of the &olicitor )eneral is mandatory. In all other cases, the notice to the Office of the &olicitor )eneral is within the discretion of the court"@.

AN ADOPTEE AUTO<ATICALL; USES T/E SURNA<E OF T/E ADOPTER In the case of 6epublic vs. *ernande; ).6. No. ""@,84 <1ebruary 4, "44A=, the &upreme 'ourt ruled that under Art "54 of the 1amily 'ode, the law allows the adoptee, as a matter of right and obligation, to bear the surname of the adopter, upon issuance of the decree of adoption. It is the change of the adopteeHs surname to follow that of the adopter, which is the natural and necessary conse0uence of a grant of adoption and must specifically be contained in the order of the court, even if not prayed for by petitioner. +y a decree of adoption, the legal effect is that even if the change of surname of the adoptee was not prayed for, the change still follows as a matter of course. The adoptee now shall bear the surname of his adopter. This is automatic.

<A; AN ILLEGITI<ATE C/ILD+ UPON ADOPTION B; /ER NATURAL FAT/ER+ USE T/E SURNA<E OF /ER NATURAL <OT/ER AS /ER <IDDLE NA<EH Bes, the &upreme 'ourt said in the case of In the matter of the adoption of &tephanie Astorga )arcia <).6. No. "752"", (arch 2", ,889= #since there is no law prohibiting an illegitimate child adopted by her natural father, li$e &tephanie, to use, as middle name her motherHs surname, we find no reason why she should not be allowed to do so.%

T/E ADOPTER WANTS TO C/ANGE T/E FIRST OR C/RISTIAN NA<E OF T/E ADOPTEE+ IS IT AUTO<ATICALL; ALLOWEDH

No, it is not automatically allowed. The &upreme 'ourt has declared such in the above?mentioned case. The &upreme 'ourt said that the given or proper name, also
17

&ec. ", of A. (. 8,?A?8,?&'.

22

$nown as the first or 'hristian name, of the adoptee must remain as it was originally registered in the civil register. The creation of an adoptive relationship does not confer upon the adopter authority to change the adopteeHs registered 'hristian or first name. The automatic change thereof, based solely upon the adoption thus granted, is beyond the purview of a decree of adoption. It is not a mere incident of an adoption proceeding. Therefore, it cannot be merely inserted as a prayer in a petition for adoption. The name of the adoptee as recorded in the civil register should be used in the adoption proceedings in order to vest the court with urisdiction to hear and determine the same, and shall continue to be so used until the court orders otherwise. 'hanging the given or proper name of a person as recorded in the civil register is a substantial change in oneHs official or legal name and cannot be authori;ed without a udicial order. The purpose of the statutory procedure authori;ing a change of name is simply to have, wherever possible, a record of the change, and in $eeping with the ob ect of the statute, a court to which the application is made should normally ma$e its decree recording such change. A desire to change oneHs name can only be satisfied by filing and strictly complying with the substantive and procedural re0uirements for a special proceeding for change of name under 6ule "82 of the 6ules of 'ourt, wherein the sufficiency of the reasons or grounds therefore can be threshed out and accordingly determined. If one wants to change the whole name of the child, another petition has to be filed for the change of name under the old rule. This is the reason for allowing a petition for adoption to include a petition for change of name for the childC to do away with multiple suits.

Sec. A. Rectification of Simulated irth. I! case the 'et t #! a%s# see4s "ect $ cat #! #$ a s ()%ate& #$ b "th+ t sha%% a%%e*e that1 (a) Pet t #!e" s a''%, !* $#" "ect $ cat #! #$ a s ()%ate& b "th6 (b) The s ()%at #! #$ b "th -as (a&e '" #" t# the &ate #$ e$$ect . t, #$ Re')b% c Act N#. AII2 a!& the a''% cat #! $#" "ect $ cat #! #$ the b "th "e* st"at #! a!& the 'et t #! $#" a&#'t #! -e"e $ %e& - th ! $ .e ,ea"s $"#( sa & &ate6 (c) The 'et t #!e" (a&e the s ()%at #! #$ b "th $#" the best !te"ests #$ the a&#'tee6 a!& (&) The a&#'tee has bee! c#!s ste!t%, c#!s &e"e& a!& t"eate& b, 'et t #!e" as h s #-! ch %&.

23

DEFINE SI<ULATION OF BIRT/H #&imulation of birth% is the tampering of the civil registry to ma$e it appear in the birth records that a certain child was born to a person who is not his biological mother, thus causing such child to lose his true identity and status. EKA<PLE1 -hen a childless couple comes into possession of an infant who is not their biological child, and the former then applies for a birth certificate, ma$ing it appear that the infant is their biological offspring and it is registered in the civil registry that they are the biological parents, then a simulation of birth occurs. DISTINGUIS/ ADOPTION FRO< SI<ULATION OF BIRT/1 Adoption is different from simulation of birth because the $#"(e" s a %e*a% '"#cess ! -h ch a 'a"e!t0ch %& "e%at #!sh ' s estab% she& b, $ ct #! #$ %a- -h %e the %atte" s a! %%e*a% '"act ce #$ ta('e" !* - th the b "th "ec#"&s. APPLICABILIT; OF SECTION A1 6ectification of simulated birth under section 5 is no longer applicable today. :nder section 5<b=, the application should be filed within five <9= years from the effectivity of the 6epublic Act No. 599, which is # An Act 3stablishing the 6ules and Policies on the Domestic Adoption of 1ilipino 'hildren.% The law was approved on 1ebruary ,9, "445 so the 9?year period e/pired last 1ebruary ,9, ,882. Therefore, you can no longer file this $ind of application. Sec. J. !doption of a foundlin"# an abandoned# dependent or ne"lected child. I! case the a&#'tee s a $#)!&% !*+ a! aba!&#!e&+ &e'e!&e!t #" !e*%ecte& ch %&+ the 'et t #! sha%% a%%e*e1 (a) The $acts sh#- !* that the ch %& s a $#)!&% !*+ aba!&#!e&+ &e'e!&e!t #" !e*%ecte&6 (b) The !a(es #$ the 'a"e!ts+ $ 4!#-!+ a!& the " "es &e!ce. I$ the ch %& has !# 4!#-! #" % . !* 'a"e!ts+ the! the !a(e a!& "es &e!ce #$ the *)a"& a!+ $ a!,6 (c) The !a(e #$ the &)%, % ce!se& ch %&0'%ace(e!t a*e!c, #" !& . &)a% )!&e" -h#se ca"e the ch %& s ! c)st#&,6 a!& (&) That the De'a"t(e!t+ ch %&0'%ace(e!t #" ch %&0ca" !* a*e!c, s a)th#" :e& t# * .e ts c#!se!t.

24

:nder this section, if the child to be adopted is a foundling, adopted or neglected the petition shall allege the facts that would establish that the child to be adopted is such and other facts re0uired under this section. Sec. @=. Chan"e of name. I! case the 'et t #! a%s# '"a,s $#" cha!*e #$ !a(e+ the t t%e #" ca't #! ()st c#!ta !1 (a) The "e* ste"e& !a(e #$ the ch %&6 (b) A% ases #" #the" !a(es b, -h ch the ch %& has bee! 4!#-!6 a!& (c) The $)%% !a(e b, -h ch the ch %& s t# be 4!#-!.

In cases where the petition prays for a change of name, then the caption of the petition shall also contain the registered name of the child and the aliases and the new full name that the petitioner wants to give the child. As held in the case of REPUBLIC VS. /ERNANDEF"5+ under Art "54 of the 1', clearly, the law allows the adoptee, as a matter of right and obligation, to bear the surname of the adopter, upon issuance of the decree of adoption. It is the change of the adopteeHs surname to follow that of the adopter which is the natural and necessary conse0uence of a grant of adoption and must specifically be contained in the order of the court, in fact, even if not prayed for by petitioner. -ith respect to the first or given name, the adoptee must retain it as it was originally registered in the 'ivil 6egister. The creation of an adoptive relationship does not confer upon the adopter a license to change the adopteeHs registered 'hristian or first name. The automatic change thereof, premised solely upon the adoption thus granted, is beyond the purview of a decree of adoption. Neither is it a mere incident in nor an ad unct of an adoption proceeding, such that a prayer therefore furtively inserted in a petition for adoption, as in this case, cannot properly be granted"4. Thus, under the old rules, if the petitioner desires to change the whole name of the child, he has to file another petition for the change of name under 6ule "82 of the 6ules of 'ourt. *owever, with the advent of the new rules, the petition for adoption can now include a petition for a change of name for the child.

18 19

). 6. NO. ""@,84 <1ebruary 4, "44A= 6epublic vs. *ernande;

25

-ith respect to adoption with prayer for a correction of entry <6ule "85= as to the first name of the adoptee, the case in point is Re')b% c .s. C#)"t #$ A''ea%s+ Ga (e B. Ca"a!t#+ a!& Fe!a &a P. Ca"a!t#,8. 6ule "85, , providesC 2. Entries subject to cancellation or correction. !"on good and

valid grounds, the #ollo$ing entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal se"aration; (e) judgments o# annulments o# marriage; (#) judgments declaring marriages void #rom the beginning; (g) legitimations; (h) ado"tions; (i) ackno$ledgments o# natural children; (j) naturali%ation; (k) election, loss or recovery o# citi%enshi"; (l) civil interdiction; (m) judicial determination o# #iliation; (n) voluntary emanci"ation o# a minor; and (o) chan"es of name. This case falls under letter E<o=,E referring to Echanges of name.E Indeed, it has been the uniform ruling of this 'ourt that Art. 7", of the 'ivil 'ode ? to implement which 6ule "85 was inserted in the rules of 'ourt in "4A7 ? cover Ethose harmless and innocuous changes, such as correction of a name that is clearly misspelled.E The petitioner could have successfully corrected the first name of the adoptee from #(idael% to #(ichael% vis?I?vis adoption. It involves an obvious clerical error in the name of the child sought to be adopted. In this case the correction involves merely the substitution of the letters EchE for the letter Ed,E so that what appears as E(idaelE as given name would read E(ichael.E 3ven the &olicitor )eneral admits that the error is a plainly clerical one. 'hanging the name of the child from E(idael '. (a;onE to E(ichael ' (a;onE cannot possibly cause any confusion, because both names Ecan be read and pronounced with the same rhyme <tugma= and tone <tono, tunog, himig=.E The purpose of the publication re0uirement is to give notice so that those who have any ob ection to the adoption can ma$e their ob ection $nown. *owever, the notice re0uired under 6ule "85 were not complied with which led to the denial of the prayer for correction of the first name of the adoptee. -hile there was notice given by publication in this case, it was notice of the petition for adoption made in compliance with 6ule 44. In that notice only the prayer for adoption of the minor was stated. Nothing was mentioned that in addition the correction
20

).6. No. "82A49. (arch "9, "44A

26

of his name in the civil registry was also being sought. The local civil registrar was thus deprived of notice and, conse0uently, of the opportunity to be heard. The necessary conse0uence of the failure to implead the civil registrar as an indispensable party and to give notice by publication of the petition for correction of entry was to render the proceeding of the trial court, so far as the correction of entry was concerned, null and void for lac$ of urisdiction both as to party and as to the sub ect matter. Sec. @@. !nne$es to the Petition. The $#%%#- !* &#c)(e!ts sha%% be attache& t# the 'et t #!1 A. B "th+ ba't s(a% #" $#)!&% !* ce"t $ cate+ as the case (a, be+ a!& sch##% "ec#"&s sh#- !* the !a(e+ a*e a!& "es &e!ce #$ the a&#'tee6 B. A$$ &a. t #$ c#!se!t #$ the $#%%#- !*1 @. The a&#'tee+ $ te! (@=) ,ea"s #$ a*e #" #.e"6 2. The b #%#* ca% 'a"e!ts #$ the ch %&+ $ 4!#-!+ #" the %e*a% *)a"& a!+ #" the ch %&0 '%ace(e!t a*e!c,+ ch %&0ca" !* a*e!c,+ #" the '"#'e" *#.e"!(e!t !st")(e!ta% t, -h ch has %e*a% c)st#&, #$ the ch %&6 ?. The %e* t (ate a!& a&#'te& ch %&"e! #$ the a&#'te" a!& #$ the a&#'tee+ $ a!,+ -h# a"e te! (@=) ,ea"s #$ a*e #" #.e"6 B. The %%e* t (ate ch %&"e! #$ the a&#'te" % . !* - th h ( -h# a"e te! (@=) ,ea"s #$ a*e #" #.e"6 a!& I. The s'#)se+ $ a!,+ #$ the a&#'te" #" a&#'tee. C. Ch %& st)&, "e'#"t #! the a&#'tee a!& h s b #%#* ca% 'a"e!ts6 D. I$ the 'et t #!e" s a! a% e!+ ce"t $ cat #! b, h s & '%#(at c #" c#!s)%a" #$$ ce #" a!, a''"#'" ate *#.e"!(e!t a*e!c, that he has the %e*a% ca'ac t, t# a&#'t ! h s c#)!t", a!& that h s *#.e"!(e!t a%%#-s the a&#'tee t# e!te" h s c#)!t", as h s #-! a&#'te& ch %& )!%ess e3e('te& )!&e" Sect #! B(2)6 E. /#(e st)&, "e'#"t #! the a&#'te"s. I$ the a&#'te" s a! a% e! #" "es & !* ab"#a& b)t 5)a% $ e& t# a&#'t+ the h#(e st)&, "e'#"t b, a $#"e *! a&#'t #! a*e!c, &)%, acc"e& te& b, the I!te"0C#)!t", A&#'t #! B#a"&6 a!& F. Dec"ee #$ a!!)%(e!t+ !)%% t, #" %e*a% se'a"at #! #$ the a&#'te" as -e%% as that #$ the b #%#* ca% 'a"e!ts #$ the a&#'tee+ $ a!,.

27

In the case of La!& !* ! .s. Re')b% c,", the &upreme 'ourt emphasi;ed the importance of written consent especially that of the biological parents. In this case, Petitioner Diwata 6amos !andingin desires to adopt the natural children of (anuel 6amos, petitioner.s brother, and Amelia 6amos. !andingin alleged that the minors have given their written consent to the adoptionD she is 0ualified to adopt as shown by the fact that she is a 9@?year?old widow, has children of her own who are already married, gainfully employed and have their respective familiesD she lives alone in her own home in )uam, :&A, where she ac0uired citi;enship, and wor$s as a restaurant server. &he came bac$ to the Philippines to spend time with the minorsD her children gave their written consent to the adoption of the minors. On (arch 9, ,88,, the court ordered the Department of &ocial -elfare and Development <D&-D= to conduct a case study .On (ay ,7, ,88,, 3li;abeth Pagbilao, &ocial -elfare Officer II of the D&-D, 1ield Office III, Tarlac, submitted a 'hild &tudy 6eport finding minors 3laine, 3lma J 3ugene all surnamed 6amos, eligible for adoption. *owever, petitioner failed to present Pagbilao as witness and offer in evidence the voluntary consent of Amelia 6amos to the adoptionD petitioner, li$ewise, failed to present any documentary evidence to prove that Amelia<the biological mother= assents to the adoption. The &upreme 'ourt ruled that the written consent of the biological mother is necessary and cited &ection 4 of 6epublic Act No. 599,, otherwise $nown as the Domestic Adoption Act of "445, which providesC &ec. 4. -hose 'onsent is Necessary to the Adoption. ? After being properly counseled and informed of hisGher right to give or withhold hisGher approval of the adoption, the written consent of the following to the adoption is hereby re0uiredC (a) &he ado"tee, i# ten ('() years o# age or over; (b) &he biological "arent(s) o# the child, i# kno$n, or the legal guardian, or the "ro"er government instrumentality $hich has legal custody o# the child;

21

).6. No. "A7475C >une ,@, ,88A

28

(c) &he legitimate and ado"ted sons)daughters, ten ('() years o# age or over, o# the ado"ter(s) and ado"tee, i# any; (d) &he illegitimate sons)daughters, ten ('() years o# age or over, o# the ado"ter, i# living $ith said ado"ter and the latter*s souse, i# any; (e) &he s"ouse, i# any, o# the "erson ado"ting or to be ado"ted. The 'ourt further held that the general re0uirement of consent and notice to the natural parents is intended to protect the natural parental relationship from unwarranted interference by interlopers, and to insure the opportunity to safeguard the best interests of the child in the manner of the proposed adoption. 'learly, the written consent of the biological parents is indispensable for the validity of a decree of adoption. Indeed, the natural right of a parent to his child re0uires that his consent must be obtained before his parental rights and duties may be terminated and re?established in adoptive parents. In this case, petitioner failed to submit the written consent of Amelia 6amos to the adoption. -e note that in her 6eport, Pagbilao declared that she was able to interview Amelia 6amos who arrived in the Philippines with her son, >ohn (ario in (ay ,88,. If said Amelia 6amos was in the Philippines and Pagbilao was able to interview her, it is incredible that the latter would not re0uire Amelia 6amos to e/ecute a -ritten 'onsent to the adoption of her minor children. Neither did the petitioner bother to present Amelia 6amos as witness in support of the petition. -hen she filed her petition with the trial court, 6ep. Act No. 599, was already in effect. &ection 4 thereof provides that if the written consent of the biological parents cannot be obtained, the written consent of the legal guardian of the minors will suffice. If, as claimed by petitioner, that the biological mother of the minors had indeed abandoned them, she should, thus have adduced the written consent of their legal guardian but there was none presented. Sec. @2. Order of %earin". I$ the 'et t #! a!& attach(e!ts a"e s)$$ c e!t ! $#"( a!& s)bsta!ce+ the c#)"t sha%% ss)e a! #"&e" -h ch sha%% c#!ta ! the $#%%#- !*1 (@) the "e* ste"e& !a(e #$ the a&#'tee ! the b "th ce"t $ cate a!& the !a(es b, -h ch the a&#'tee has bee! 4!#-! -h ch sha%% be state& ! the ca't #!6 (2) the ')"'#se #$ the 'et t #!6 (?) the c#('%ete !a(e -h ch the a&#'tee - %% )se $ the 'et t #! s *"a!te&6
29

(B) the &ate a!& '%ace #$ hea" !* -h ch sha%% be set - th ! s 3 (>) (#!ths $"#( the &ate #$ the ss)a!ce #$ the #"&e" a!& sha%% & "ect that a c#', the"e#$ be ')b% she& be$#"e the &ate #$ hea" !* at %east #!ce a -ee4 $#" th"ee s)ccess .e -ee4s ! a !e-s'a'e" #$ *e!e"a% c "c)%at #! ! the '"#. !ce #" c t, -he"e the c#)"t s s t)ate&6 P"#. &e&+ that ! case #$ a''% cat #! $#" cha!*e #$ !a(e+ the &ate set $#" hea" !* sha%% !#t be - th ! $#)" (B) (#!ths a$te" the %ast ')b% cat #! #$ the !#t ce !#" - th ! th "t, (?=) &a,s '" #" t# a! e%ect #!. The !e-s'a'e" sha%% be se%ecte& b, "a$$%e )!&e" the s)'e". s #! #$ the E3ec)t .e G)&*e. (I) a & "ect .e t# the s#c a% -#"4e" #$ the c#)"t+ the s#c a% se". ce #$$ ce #$ the %#ca% *#.e"!(e!t )! t #" a!, ch %&0'%ac !* #" ch %&0ca" !* a*e!c,+ #" the De'a"t(e!t t# '"e'a"e a!& s)b( t ch %& a!& h#(e st)&, "e'#"ts be$#"e the hea" !* $ s)ch "e'#"ts ha& !#t bee! attache& t# the 'et t #! &)e t# )!a.a %ab % t, at the t (e #$ the $ % !* #$ the %atte"6 a!& (>) a & "ect .e t# the s#c a% -#"4e" #$ the c#)"t t# c#!&)ct c#)!se% !* sess #!s - th the b #%#* ca% 'a"e!ts #! the (atte" #$ a&#'t #! #$ the a&#'tee a!& s)b( t he" "e'#"t be$#"e the &ate #$ hea" !*. At the & sc"et #! #$ the c#)"t+ c#' es #$ the #"&e" #$ hea" !* sha%% a%s# be $)"! she& the O$$ ce #$ the S#% c t#" Ge!e"a% th"#)*h the '"#. !c a% #" c t, '"#sec)t#"+ the De'a"t(e!t a!& the b #%#* ca% 'a"e!ts #$ the a&#'tee+ $ 4!#-!. I$ a cha!*e ! the !a(e #$ the a&#'tee s '"a,e& $#" ! the 'et t #!+ !#t ce t# the S#% c t#" Ge!e"a% sha%% be (a!&at#",.

Publication is necessary especially so if the petition for adoption also prays for a change of name. In such case, notice to the &olicitor )eneral is also mandatory. Sec. @?. Child and %ome Study Reports. I! '"e'a" !* the ch %& st)&, "e'#"t #! the a&#'tee+ the c#!ce"!e& s#c a% -#"4e" sha%% .e" $, - th the C . % Re* st", the "ea% &e!t t, a!& "e* ste"e& !a(e #$ the a&#'tee. I$ the b "th #$ the a&#'tee -as !#t "e* ste"e& - th the C . % Re* st",+ t sha%% be the "es'#!s b % t, #$ the s#c a% -#"4e" t# "e* ste" the a&#'tee a!& sec)"e a ce"t $ cate #$ $#)!&% !* #" %ate "e* st"at #!+ as the case (a, be. The s#c a% -#"4e" sha%% estab% sh that the ch %& s %e*a%%, a.a %ab%e $#" a&#'t #! a!& the &#c)(e!ts ! s)''#"t the"e#$ a"e .a% & a!& a)the!t c+ that the a&#'te" has s !ce"e !te!t #!s a!& that the a&#'t #! sha%% !)"e t# the best !te"ests #$ the ch %&. I! case the a&#'te" s a! a% e!+ the h#(e st)&, "e'#"t ()st sh#- the %e*a% ca'ac t, t# a&#'t a!& that h s *#.e"!(e!t a%%#-s the a&#'tee t# e!te" h s c#)!t", as h s a&#'te& ch %& ! the abse!ce #$ the ce"t $ cat #! "e5) "e& )!&e" Sect #! D(b) #$ Re')b% c Act
30

N#. AII2. I$ a$te" the c#!&)ct #$ the case st)& es+ the s#c a% -#"4e" $ !&s that the"e a"e *"#)!&s t# &e!, the 'et t #!+ he sha%% (a4e the '"#'e" "ec#((e!&at #! t# the c#)"t+ $)"! sh !* a c#', the"e#$ t# the 'et t #!e".

:nder this section, the social wor$er has the duty to establish that the adopter has sincere intentions ta$ing into consideration the best interests of the child. It also re0uires the social wo$er to conduct a 'hild &tudy 6eport which pertains to the child and the adoptee and his biological parents. It refers to a study made by the court social wor$er of the childHs legal status, placement history, psychological, social, spiritual, medical, ethno? cultural bac$ground and that of his biological family needed in determining the most appropriate placement for him. In preparing the child study report on the adoptee, the concerned social wor$er shall verify with the 'ivil 6egistry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the 'ivil 6egistry, it shall be the responsibility of the social wor$er to register the adoptee and secure a certificate of foundling or late registration. Sec. @B. %earin". U'#! sat s$act#", '"##$ that the #"&e" #$ hea" !* has bee! ')b% she& a!& 7)" s& ct #!a% "e5) "e(e!ts ha.e bee! c#('% e& - th+ the c#)"t sha%% '"#cee& t# hea" the 'et t #!. The 'et t #!e" a!& the a&#'tee ()st 'e"s#!a%%, a''ea" a!& the $#"(e" ()st test $, be$#"e the '"es & !* 7)&*e #$ the c#)"t #! the &ate set $#" hea" !*. The c#)"t sha%% .e" $, $"#( the s#c a% -#"4e" a!& &ete"( !e -hethe" the b #%#* ca% 'a"e!t has bee! '"#'e"%, c#)!se%e& a*a !st (a4 !* hast, &ec s #!s ca)se& b, st"a ! #" a!3 et, t# * .e )' the ch %&6 e!s)"e that a%% (eas)"es t# st"e!*the! the $a( %, ha.e bee! e3ha)ste&6 a!& asce"ta ! $ a!, '"#%#!*e& sta, #$ the ch %& ! h s #-! h#(e - %% be ! ( ca% t# h s -e%$a"e a!& !te"est.

The order of hearing being referred to in the first paragraph refers to the order of hearing provided in section ",. &ection "7 also mandates the court to verify from the social wor$er and determine whether the biological parent has been properly counseled against ma$ing hasty decisions caused by strain or an/iety to give up the childD ensure that all measures to strengthen the family have been e/haustedD and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest. This considers the psychological and emotional effects that the biological parent may e/perience as a result of the separation of
31

the child. Sec. @I. Supervised Trial Custody. Be$#"e ss)a!ce #$ the &ec"ee #$ a&#'t #!+ the c#)"t sha%% * .e the a&#'te" t" a% c)st#&, #$ the a&#'tee $#" a 'e" #& #$ at %east s 3 (>) (#!ths - th ! -h ch the 'a"t es a"e e3'ecte& t# a&7)st 's,ch#%#* ca%%, a!& e(#t #!a%%, t# each #the" a!& estab% sh a b#!& !* "e%at #!sh '. The t" a% c)st#&, sha%% be (#! t#"e& b, the s#c a% -#"4e" #$ the c#)"t+ the De'a"t(e!t+ #" the s#c a% se". ce #$ the %#ca% *#.e"!(e!t )! t+ #" the ch %&0'%ace(e!t #" ch %&0ca" !* a*e!c, -h ch s)b( tte& a!& '"e'a"e& the case st)& es. D)" !* sa & 'e" #&+ te('#"a", 'a"e!ta% a)th#" t, sha%% be .este& ! the a&#'te". The c#)"t (a,+ (#t) '"#'" # #" )'#! (#t #! #$ a!, 'a"t,+ "e&)ce the 'e" #& #" e3e('t the 'a"t es $ t $ !&s that the sa(e sha%% be $#" the best !te"ests #$ the a&#'tee+ stat !* the "eas#!s the"e$#". A! a% e! a&#'te" h#-e.e" ()st c#('%ete the >0(#!th t" a% c)st#&, e3ce't the $#%%#- !*1 a) a $#"(e" F % ' !# c t :e! -h# see4s t# a&#'t a "e%at .e - th ! the $#)"th (Bth) &e*"ee #$ c#!sa!*) ! t, #" a$$ ! t,6 #" b) #!e -h# see4s t# a&#'t the %e* t (ate ch %& #$ h s F % ' !# s'#)se6 #" c) #!e -h# s (a"" e& t# a F % ' !# c t :e! a!& see4s t# a&#'t 7# !t%, - th h s #" he" s'#)se the %atte"2s "e%at .e - th ! the $#)"th (Bth) &e*"ee #$ c#!sa!*) ! t, #" a$$ ! t,. I$ the ch %& s be%#- se.e! (D) ,ea"s #$ a*e a!& s '%ace& - th the '"#s'ect .e a&#'te" th"#)*h a '"e0a&#'t #! '%ace(e!t a)th#" t, ss)e& b, the De'a"t(e!t+ the c#)"t sha%% #"&e" that the '"#s'ect .e a&#'te" sha%% e!7#, a%% the be!e$ ts t# -h ch the b #%#* ca% 'a"e!t s e!t t%e& $"#( the &ate the a&#'tee s '%ace& - th h (. The s#c a% -#"4e" sha%% s)b( t t# the c#)"t a "e'#"t #! the "es)%t #$ the t" a% c)st#&, - th ! t-# -ee4s a$te" ts te"( !at #!.

CONCEPT AND PURPOSE1 &ection "9 provides for a mandatory #Trial 'ustody% for a period of at least si/ <A= months within which the parties <adopter and adoptee= are e/pected to ad ust psychologically and emotionally to each other and establish a bonding relationship. The purpose of this rule is to find out whether the adopter and the adoptee are #compatible%, on a psychological and emotional basis so that they may be able live as one family and if the adoption would redound to the best interest of the adoptee. The duty to monitor during the si/?month period is vested in the social wor$er of the court, the Department, or
32

the social service of the local government unit, or the child?placement or child?caring agency which submitted and prepared the case studies

W/AT IS T/E DURATION OF T/E TRIAL PERIODH The duration of the trial period is A months for both foreign and local adopters. The court has the discretion to shorten the period in the case of local adopters. 1oreign adopters, however, must follow the A month trial period sub ect to the e/ceptions enumerated in the third paragraph of section "9. Sec. @>. Decree of !doption. I$ the s)'e". se& t" a% c)st#&, s sat s$act#", t# the 'a"t es a!& the c#)"t s c#!. !ce& $"#( the t" a% c)st#&, "e'#"t a!& the e. &e!ce a&&)ce& that the a&#'t #! sha%% "e&#)!& t# the best !te"ests #$ the a&#'tee+ a &ec"ee #$ a&#'t #! sha%% be ss)e& -h ch sha%% ta4e e$$ect as #$ the &ate the #" * !a% 'et t #! -as $ %e& e.e! $ the 'et t #!e"s & e be$#"e ts ss)a!ce. The &ec"ee sha%%1 A. State the !a(e b, -h ch the ch %& s t# be 4!#-! a!& "e* ste"e&6 B. O"&e"1 @) the C%e"4 #$ C#)"t t# ss)e t# the a&#'te" a ce"t $ cate #$ $ !a% t, )'#! e3' "at #! #$ the @I0&a, "e*%e(e!ta", 'e" #& - th ! -h ch t# a''ea%6 2) the a&#'te" t# s)b( t a ce"t $ e& t")e c#', #$ the &ec"ee #$ a&#'t #! a!& the ce"t $ cate #$ $ !a% t, t# the C . % Re* st"a" -he"e the ch %& -as #" * !a%%, "e* ste"e& - th ! th "t, (?=) &a,s $"#( "ece 't #$ the ce"t $ cate #$ $ !a% t,. I! case #$ cha!*e #$ !a(e+ the &ec"ee sha%% be s)b( tte& t# the C . % Re* st"a" -he"e the c#)"t ss) !* the sa(e s s t)ate&. ?) the C . % Re* st"a" #$ the '%ace -he"e the a&#'tee -as "e* ste"e&1 a. t# a!!#tate #! the a&#'tee2s #" * !a% ce"t $ cate #$ b "th the &ec"ee #$ a&#'t #! - th ! th "t, (?=) &a,s $"#( "ece 't #$ the ce"t $ cate #$ $ !a% t,6 b. t# ss)e a ce"t $ cate #$ b "th -h ch sha%% !#t bea" a!, !#tat #! that t s a !e- #" a(e!&e& ce"t $ cate a!& -h ch sha%% sh#-+ a(#!* #the"s+ the $#%%#- !*1 "e* st", !)(be"+ &ate #$ "e* st"at #!+ !a(e #$ ch %&+ se3+ &ate #$ b "th+ '%ace #$ b "th+ !a(e a!& c t :e!sh ' #$ a&#'t .e (#the" a!& $athe"+ a!& the &ate a!& '%ace #$ the " (a"" a*e+ -he! a''% cab%e6 c. t# sea% the #" * !a% ce"t $ cate #$ b "th ! the c . % "e* st", "ec#"&s -h ch ca! be #'e!e& #!%, )'#! #"&e" #$ the c#)"t -h ch ss)e& the &ec"ee #$ a&#'t #!6 a!&

33

&. t# s)b( t t# the c#)"t ss) !* the &ec"ee #$ a&#'t #! '"##$ #$ c#('% a!ce - th a%% the $#"e*# !* - th ! th "t, &a,s $"#( "ece 't #$ the &ec"ee. I$ the a&#'tee s a $#)!&% !*+ the c#)"t sha%% #"&e" the C . % Re* st"a" -he"e the $#)!&% !* -as "e* ste"e&+ t# a!!#tate the &ec"ee #$ a&#'t #! #! the $#)!&% !* ce"t $ cate a!& a !e- b "th ce"t $ cate sha%% be #"&e"e& '"e'a"e& b, the C . % Re* st"a" ! acc#"&a!ce - th the &ec"ee.

This section highlights the proper procedure to be followed after the trial period. &ection "A outlines the procedural aspect of adoption that ta$es place after the trial period. This portion of the procedure outlines the subse0uent re0uirements of the court has issued the decree of adoption, i.e annotation of the birth certificate, issuance of new birth certificate and annotation of the decree of adoption. The last sentence of the head paragraph says that a decree of adoption shall be issued which shall ta$e effect as of the date the original petition was filed even if the petitioners die before its issuance. This is so in order to promote the best interest of the child?adoptee. Any contest or attac$ on the decree of adoption cannot be made collaterally such as in settlement proceedings. The decree shall be assailed in a proceeding instituted for the sole purpose of contesting the adoption decree.,, If the adoptee is a foundling, the court shall order the 'ivil 6egistrar where the foundling was registered, to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered prepared by the 'ivil 6egistrar in accordance with the decree. Sec. @D. oo& of !doptions. The C%e"4 #$ C#)"t sha%% 4ee' a b##4 #$ a&#'t #!s sh#- !* the &ate #$ ss)a!ce #$ the &ec"ee ! each case+ c#('% a!ce b, the C . % Re* st"a" - th Sect #! @>(B)(?) a!& a%% !c &e!ts a" s !* a$te" the ss)a!ce #$ the &ec"ee.

Sec. @A. Confidential 'ature of Proceedin"s and Records. A%% hea" !*s ! a&#'t #! cases+ a$te" c#('% a!ce - th the 7)" s& ct #!a% "e5) "e(e!ts sha%% be c#!$ &e!t a% a!& sha%% !#t be #'e! t# the ')b% c. A%% "ec#"&s+ b##4s a!& 'a'e"s "e%at !* t# the a&#'t #! cases ! the $ %es #$ the c#)"t+ the De'a"t(e!t+ #" a!, #the" a*e!c, #" !st t)t #! 'a"t c 'at !* ! the a&#'t #! '"#cee& !*s sha%% be 4e't st" ct%, c#!$ &e!t a%.
22

&antos vs Aran;anso ).6. No. !?,A478

34

I$ the c#)"t $ !&s that the & sc%#s)"e #$ the !$#"(at #! t# a th "& 'e"s#! s !ecessa", $#" sec)" t, "eas#!s #" $#" ')"'#ses c#!!ecte& - th #" a" s !* #)t #$ the a&#'t #! a!& - %% be $#" the best !te"ests #$ the a&#'tee+ the c#)"t (a,+ )'#! '"#'e" (#t #!+ #"&e" the !ecessa", !$#"(at #! t# be "e%ease&+ "est" ct !* the ')"'#ses $#" -h ch t (a, be )se&.

6esearchers on adoption in other country e/plain the importance of having adoption records strictly confidential. The reason is anchored on the importance of eliminating or decreasing the stigma associated with illegitimacy and In order that the record will not affect the relationship of the adopter and the adoptee if the adoptee was adopted an a early childhood stage where he or she is not yet aware of the status of being adopted child.

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FLOWC/ART OF T/E BASIC DO<ESTIC ADOPTION PROCESS

[1] A petition to adopt shall be prepared and filed by the lawyer. Shall include the ff: birth certificates, marriage certificate, proof of financial capacity), clearances barangay, police, !"#, fiscal, court), and others as proof of good moral character, good health, etc

[$]%oc&eted and raffled in the family court where the petitioner resides. 'he court issues an order, usually within a month after the filing of the petition, setting the case for initial hearing and ordering the court social wor&er to conduct a case study and home visit prior to initial hearing.

[(] 'he court order is published in a newspaper of general circulation once a wee& for three wee&s..

/] #n case of a favorable decision and there is no appeal within 1* days by any party, then the court issues a 0ertificate of 1inality. 'he lawyer then coordinates with the 2ocal 0ivil and the !ational Statistics -ffice for the issuance of a new birth certificate bearing the petitioner+s surname.

[3] Supervised 'rial 0ustody. 4 "efore issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least si5 3) months within which the parties are e5pected to ad,ust psychologically and emotionally to each other and establish a bonding relationship. 'he trial custody shall be monitored by the social wor&er of the court, the %epartment, or the social service of the local government unit, or the child6placement or child6caring agency which submitted and prepared the case studies. %uring said period, temporary parental authority shall be vested in the adopter.

[)] 'he social wor&er submits his investigation report and recommendations to the court before the initial hearing

[*] 'he petitioner and and the prospect adoptee must go to court for the lawyer+s presentation of the ,urisdictional facts such as the petition, proof of publication in newspaper, notice to the -ffice of the Solicitor .eneral, 36 etc.

[1] A petition to adopt shall be prepared and filed by the lawyer. Shall include the ff: birth certificates, marriage certificate, proof of financial capacity), clearances barangay, police, !"#, fiscal, court), and others as proof of good moral character, good health, etc

[$]%oc&eted and raffled in the family court where the petitioner resides. 'he court issues an order, usually within a month after the filing of the petition, setting the case for initial hearing and ordering the court social wor&er to conduct a case study and home visit prior to initial hearing.

[(] 'he court order is published in a newspaper of general circulation once a wee& for three wee&s..

/] #n case of a favorable decision and there is no appeal within 1* days by any party, then the court issues a 0ertificate of 1inality. 'he lawyer then coordinates with the 2ocal 0ivil and the !ational Statistics -ffice for the issuance of a new birth certificate bearing the petitioner+s surname.

[3] Supervised 'rial 0ustody. 4 "efore issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least si5 3) months within which the parties are e5pected to ad,ust psychologically and emotionally to each other and establish a bonding relationship. 'he trial custody shall be monitored by the social wor&er of the court, the %epartment, or the social service of the local government unit, or the child6placement or child6caring agency which submitted and prepared the case studies. %uring said period, temporary parental authority shall be vested in the adopter.

[)] 'he social wor&er submits his investigation report and recommendations to the court before the initial hearing

[*] 'he petitioner and and the prospect adoptee must go to court for the lawyer+s presentation of the ,urisdictional facts such as the petition, proof of publication in newspaper, notice to the -ffice of the Solicitor .eneral, etc.

37

Sec. @J. Rescission of !doption of the !doptee. The 'et t #! sha%% be .e" $ e& a!& $ %e& b, the a&#'tee -h# s #.e" e *htee! (@A) ,ea"s #$ a*e+ #" - th the ass sta!ce #$ the De'a"t(e!t+ $ he s a ( !#"+ #" $ he s #.e" e *htee! (@A) ,ea"s #$ a*e b)t s !ca'ac tate&+ b, h s *)a"& a! #" c#)!se%. The a&#'t #! (a, be "esc !&e& base& #! a!, #$ the $#%%#- !* *"#)!&s c#(( tte& b, the a&#'te"1 @) "e'eate& 'h,s ca% a!& .e"ba% (a%t"eat(e!t b, the a&#'te" &es' te ha. !* )!&e"*#!e c#)!se% !*6 2) atte('t #! the % $e #$ the a&#'tee6 ?) se3)a% assa)%t #" . #%e!ce6 #" B) aba!&#!(e!t #" $a %)"e t# c#('%, - th 'a"e!ta% #b% *at #!s. A&#'t #!+ be !* ! the best !te"ests #$ the ch %&+ sha%% !#t be s)b7ect t# "esc ss #! b, the a&#'te". /#-e.e"+ the a&#'te" (a, & s !he" t the a&#'tee $#" ca)ses '"#. &e& ! A"t c%e J@J #$ the C . % C#&e. In one case decided by the &upreme 'ourt, an adopting spouses wanted to revo$e the adoption by filing a petition for that purpose on the ground that the adoptee nephew refused to change the family name to that of the adopting parents. The &upreme 'ourt disallowed the petition it having been filed after the Domestic Adoption !aw has ta$en effect under which rescission of adoption is not allowed.,2 Sec. 2=. Venue. The 'et t #! sha%% be $ %e& - th the Fa( %, C#)"t #$ the c t, #" '"#. !ce -he"e the a&#'tee "es &es. Fenue in a petition for adoption is in the 1amily 'ourt where the petitioner resides and the venue for rescission of adoption is where the adoptee resides. Sec. 2@. Time (ithin (hich to file petition. The a&#'tee+ $ !ca'ac tate&+ ()st $ %e the 'et t #! $#" "esc ss #! #" "e.#cat #! #$ a&#'t #! - th ! $ .e (I) ,ea"s a$te" he "eaches the a*e #$ (a7#" t,+ #" $ he -as !c#('ete!t at the t (e #$ the a&#'t #!+ - th ! $ .e (I) ,ea"s a$te" "ec#.e", $"#( s)ch !c#('ete!c,.

Sec. 22. Order to !ns(er. The c#)"t sha%% ss)e a! #"&e" "e5) " !* the a&.e"se 'a"t, t# a!s-e" the 'et t #! - th ! $ $tee! (@I) &a,s $"#( "ece 't #$ a c#', the"e#$. The #"&e" a!& c#', #$ the 'et t #! sha%% be se".e& #! the a&.e"se 'a"t, ! s)ch (a!!e" as
23

!ahom v. &ibulo, ).6. No. "72454, >uly "7, ,882, 78A &'6A "29

38

the c#)"t (a, & "ect.

Sec. 2?. )ud"ment. I$ the c#)"t $ !&s that the a%%e*at #!s #$ the 'et t #! a"e t")e+ t sha%% "e!&e" 7)&*(e!t #"&e" !* the "esc ss #! #$ a&#'t #!+ - th #" - th#)t c#sts+ as 7)st ce "e5) "es. The c#)"t sha%% #"&e" that the 'a"e!ta% a)th#" t, #$ the b #%#* ca% 'a"e!t #$ the a&#'tee+ $ 4!#-!+ #" the %e*a% c)st#&, #$ the De'a"t(e!t sha%% be "est#"e& $ the a&#'tee s st %% a ( !#" #" !ca'ac tate& a!& &ec%a"e that the "ec '"#ca% " *hts a!& #b% *at #!s #$ the a&#'te" a!& the a&#'tee t# each #the" sha%% be e3t !*) she&. The c#)"t sha%% $)"the" &ec%a"e that s)ccess #!a% " *hts sha%% "e.e"t t# ts stat)s '" #" t# a&#'t #!+ as #$ the &ate #$ 7)&*(e!t #$ 7)& c a% "esc ss #!. Veste& " *hts ac5) "e& '" #" t# 7)& c a% "esc ss #! sha%% be "es'ecte&. It sha%% a%s# #"&e" the a&#'tee t# )se the !a(e state& ! h s #" * !a% b "th #" $#)!&% !* ce"t $ cate. The c#)"t sha%% $)"the" #"&e" the C . % Re* st"a" -he"e the a&#'t #! &ec"ee -as "e* ste"e& t# ca!ce% the !e- b "th ce"t $ cate #$ the a&#'tee a!& "e !state h s #" * !a% b "th #" $#)!&% !* ce"t $ cate.

Sec. 2B. Service of )ud"ment. A ce"t $ e& t")e c#', #$ the 7)&*(e!t t#*ethe" - th a ce"t $ cate #$ $ !a% t, ss)e& b, the B"a!ch C%e"4 #$ the C#)"t -h ch "e!&e"e& the &ec s #! ! acc#"&a!ce - th the '"ece& !* Sect #! sha%% be se".e& b, the 'et t #!e" )'#! the C . % Re* st"a" c#!ce"!e& - th ! th "t, (?=) &a,s $"#( "ece 't #$ the ce"t $ cate #$ $ !a% t,. The C . % Re* st"a" sha%% $#"th- th e!te" the "esc ss #! &ec"ee ! the "e* ste" a!& s)b( t '"##$ #$ c#('% a!ce t# the c#)"t ss) !* the &ec"ee a!& the C%e"4 #$ C#)"t - th ! th "t, (?=) &a,s $"#( "ece 't #$ the &ec"ee. The C%e"4 #$ C#)"t sha%% e!te" the c#('% a!ce ! acc#"&a!ce - th Sect #! @D he"e#$.

SEC. 2I. Repeal. 0 Th s s)'e"se&es R)%e JJ #! A&#'t #! a!& R)%e @== #$ the R)%es #$ C#)"t.

Sect #!s > a!& D #$ R)%e JJ h#-e.e"+ ha.e !#t bee! "e'ea%e&1
39

&ection A. Proceedings as to the child whose parents are separated. Appeal. K -hen husband and wife are divorce or living separately and apart from each other, and the 0uestion as to the care, custody, and control of a child or children of their marriage is brought before a 'ourt of 1irst Instance by petition or as an incident to any other proceeding, the court, upon hearing the testimony as may be pertinent, shall award the care, custody, and control of each such child as will be for its best interest, permitting the child to choose which parent it prefers to live with if it be over ten years of age, unless the parent so chosen be unfit to ta$e charge of the child by the reason of moral depravity, habitual drun$enness, incapacity, or poverty. If, upon such hearing, it appears that both parents are improper persons to have the care, custody, and control of the child, the court may either designate the paternal or maternal grandparent of the child, or his oldest brother or sister, or some reputable and discreet person to ta$e charge of such child, or commit it to any suitable asylum, children.s home, or benevolent society. The court may in conformity with the provisions of the 'ivil 'ode order either or both parents to support or help support said child, irrespective of who may be its custodian, and may ma$e any order that is ust and reasonable permitting the parent who is deprived of its care and custody to visit the child or have temporary custody thereof. 3ither parent may appeal from an order made in accordance with the provisions of this section. No child under seven years of age shall be separated from its mother, unless the court finds there are compelling reasons thereof. &ection @. Proceedings as to vagrant or abused child. K -hen the parents of any minor child are dead, or by reason of long absence or legal or physical disability have abandoned it, or cannot support it through vagrancy, negligence, or misconduct, or neglect or refuse to support it, or treat it with e/cessive harshness or give it corrupting orders, counsels, or e/amples, or cause or allow it to engage in begging, or to commit offenses against the law, the proper 'ourt of 1irst Instance, upon petition filed by some reputable resident of the province setting forth the facts, may issue an order re0uiring such parents to show cause, or, if the parents are dead or cannot be found, re0uiring the fiscal of the province to show cause, at a time and place fi/ed in the order, why the child should not be ta$en from its parents, if livingD and if upon the hearing it appears that the allegations of the petition are true, and that it is order ta$ing it from its parents, if livingD and committing it to any suitable orphan asylum, children.s home, or benevolent society or person to be ultimately placed, by adoption or otherwise, in a home found for it by such asylum, children.s home, society, or person.

40

II. INTER0COUNTR; ADOPTION PRELI<INARIES /ISTOR; 6epublic Act 5872, also $nown as the EInter?'ountry Adoption Act of "449E ,7 governs inter?country adoptions. On >une @, "449, the law was passed creating the 'entral Authority of the Philippines to discharge the duties imposed by the "442 'onvention on the Protection of 'hildren and 'ooperation in 6espect of Inter?country Adoption. The law too$ into consideration the minimum standards on international adoptions set out in the convention. 1ive months later or on December ,A, "449, the implementing rules and regulations to 6epublic Act 5872 was passed later revised on >anuary 5, ,887 to further conform to convention principles on authori;ation of foreign accredited bodies.,9
24 25

&ection ", 6.A. 5872 Distinctive 'haracteristics of the Philippine Inter?country Adoption Process by +ernadette +. Abe o

41

DECLARATION OF POLIC; 'onformably with the declared policy of the &tate to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development, efforts have been e/erted to place the child with an adoptive family in the Philippines, *owever, recogni;ing that inter?country adoption may be considered as allowing aliens, not presently allowed by law to adopt 1ilipino children if such children cannot be adopted by 0ualified 1ilipino citi;ens or aliens, measures have to be adopted to ensure that inter?country adoptions are allowed only when the same shall prove beneficial to the childHs best interests and shall serve and protect hisGher fundamental rights. It is with this end in view that 'ongress established rules to govern inter?country adoption of 1ilipino children.

W/AT IS AN INTER0COUNTR; ADOPTIONH Inter?country adoption refers to the socio?legal process of adopting a 1ilipino child by a foreigner or a 1ilipino citi;en permanently residing abroad where the petition is filed, the supervised trial custody is underta$en, and the decree of adoption is issued outside the Philippines.,A

W/AT PROCEDURAL RULES GOVERN INTER0COUNTR; ADOPTIONSH &ections ,A to 2, of A(?8,?A?8,?&', August ,,, ,88, cover inter?country adoptions. Sec. 2>. !pplicability. The $#%%#- !* sect #!s a''%, t# !te"0c#)!t", a&#'t #! #$ F % ' !# ch %&"e! b, $#"e *! !at #!a%s a!& F % ' !# c t :e!s 'e"(a!e!t%, "es & !* ab"#a&.

RA A=B? GOVERNS T/E ADOPTION OF FILIPINO C/ILDREN B;1 "= 1oreign nationalsD ,= 1ilipino citi;ens permanently residing abroad.

26

&ection 2 <a=, 6.A. 5872

42

W/AT ARE T/E OBGECTIVES OF T/E RULES ON INTER0COUNTR; ADOPTIONH SEC. 2D. Objectives. The State sha%%1 a) a) c#!s &e" !te"0c#)!t", a&#'t #! as a! a%te"!at .e (ea!s #$ ch %& ca"e+ $ the ch %& ca!!#t be '%ace& ! a $#ste" #" a! a&#'t .e $a( %, #" ca!!#t+ ! a!, s) tab%e (a!!e"+ be ca"e& $#" ! the Ph % '' !es6 b) e!s)"e that the ch %& s)b7ect #$ !te"0c#)!t", a&#'t #! e!7#,s the sa(e '"#tect #! acc#"&e& t# ch %&"e! ! &#(est c a&#'t #!6 a!& c) ta4e a%% (eas)"es t# e!s)"e that the '%ace(e!t a" s !* the"e$"#( &#es !#t "es)%t ! ('"#'e" $ !a!c a% *a ! $#" th#se !.#%.e&.

W/EN <A; INTER0COUNTR; ADOPTION BE ALLOWEDH It shall only be allowed when all the possibilities for domestic adoption of the child have been e/hausted and that inter?country adoption is in the best interest of the child. (+ec. 2,a) It is allowed when the adopter is an alien or a 1ilipino citi;en permanently residing abroad. (oreover, his 0ualifications includeC ". At least twenty?seven <,@= years of age and at least si/teen <"A= years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parentD ,. If married, hisGher spouse must ointly file for adoptionD 2. *as 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 hisGher countryD 7. *as not been convicted of a crime involving moral turpitudeD 9. Is eligible to adopt under hisGher national lawD

43

A. Is in a position to provide proper care and support and to give the necessary moral values and e/ample to all his children, including the child to be adoptedD @. Agrees to uphold the basic rights of the child as embodied under the Philippine laws, the :.N. 'onvention of the 6ights of the 'hild, and to abide by the rules and regulations issued to implement the provisions of this ActD 5. 'omes from another country with whom the Philippines has diplomatic relations and whose government maintains a similarly authori;ed and accredited agency and that adoption is allowed under hisGher national lawsD and 4. Possesses all the 0ualifications and none of the dis0ualifications provided herein and other applicable laws. (+ec. -, ../. 0(12).

W/AT AD<INISTRATIVE BOD; IS TASLED TO BE T/E CENTRAL AUT/ORIT; IN <ATTERS RELATIVE TO INTER0COUNTR; ADOPTIONSH The Inter?'ountry Adoption +oard <I'A+= is the central authority in matters relating to inter?country adoption. It shall act as the policy?ma$ing body for purposes of carrying out the provisions of this Act, in consultation and coordination with the Department, the different child?care and placement agencies, adoptive agencies, as well as non?governmental organi;ations engaged in child?care and placement activities.,@

W/AT ARE T/E ICAB2S RESPONSIBILITIESH The I'A+ is tas$ed to,5C ". Protect the 1ilipino child from abuse, e/ploitation, traffic$ing andGor sale or any other practice in connection with adoption which is harmful, detrimental, or pre udicial to the childD ,. 'ollect, maintain, and preserve confidential information about the child and the adoptive parentsD 2. (onitor, follow up, and facilitate completion of adoption of the child through authori;ed and accredited agencyD
27 28

&ection 7, 6.A. 5872 &ection 7 <a= to <g= of 6.A. 5872

44

7. Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this ActD 9. Promote the development of adoption services including post?legal adoptionD A. !icense and accredit child?caringGplacement agencies and collaborate with them in the placement of 1ilipino childrenD @. Accredit and authori;e foreign adoption agency in the placement of 1ilipino children in their own countryD and 5. 'ancel the license to operate and blac$list the child?caring and placement agency or adoptive agency involved from the accreditation list of the +oard upon a finding of violation of any provision under this Act. Additionally, the I'A+ assesses the completeness of the childHs documents ta$ing into consideration the different re0uirements of the receiving countries. If complete, the child is included in a roster of children available for matching.,4

W/AT ARE T/E ICAB2S POWERSH ". To prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act, after consultation and upon favorable recommendation of the different agencies concerned with the child?caring, placement, and adoptionD ,. To set the guidelines for the convening of an Inter?country Adoption Placement 'ommittee which shall be under the direct supervision of the +oardD 2. To set the guidelines for the manner by which selectionGmatching of prospective adoptive parents and adoptive child can be madeD 7. To determine a reasonable schedule of fees and charges to be e/acted in connection with the application for adoptionD 9. To determine the form and contents of the application for inter?country adoptionD
29

Distinctive 'haracteristics of the Philippine Inter?country Adoption Process by +ernadette +. Abe o

45

A. To institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to this ActD @. To promote the development of adoption services, including post?legal adoption servicesD 5. To accredit and authori;e foreign private adoption agencies which have demonstrated professionalism, competence and have consistently pursued non?profit ob ectives to engage in the placement of 1ilipino children in their own countryC Provided, That such foreign private agencies are duly authori;ed and accredited by their own government to conduct inter?country adoptionC Provided, however, That the total number of authori;ed and accredited foreign private adoption agencies shall not e/ceed one hundred <"88= a yearD 4. To ta$e appropriate measures to ensure confidentiality of the records of the child, the natural parents and the adoptive parents at all timesD "8. To prepare, review or modify, and thereafter, recommend to the Department of 1oreign Affairs, (emoranda of Agreement respecting inter?country adoption consistent with the implementation of this Act and its stated goals, entered into, between and among foreign governments, international organi;ations and recogni;ed international non?governmental organi;ationsD "". To assist other concerned agencies and the courts in the implementation of this Act, particularly as regards coordination with foreign persons, agencies and other entities involved in the process of adoption and the physical transfer of the childD and To perform such other functions on matters relating to inter?country adoption as may be determined by the President.28

<A; INTER0COUNTR; ADOPTIONS BE AVAILED OF ARBITRARIL;H No. It shall only be allowed when all the possibilities for domestic adoption of the child have been e/hausted and that inter?country adoption is in the best !te"est #$ the ch %&.

30

&ection A <a= to <m= of 6.A. 5872

46

Thus, Inter?'ountry Adoptions may only be availed of as a last resort. To this end, the I'A+ shall ensure that all possibilities for adoption of the child under the 1amily 'ode have been e/hausted and that inter?country adoption is in the best interest of the child. The I'A+ <Inter?'ountry Adoption +oard= shall set up the guidelines to ensure that steps will be ta$en to place the child in the Philippines before the child is placed for inter?country adoption.Provided, however, That the ma/imum number that may be allowed for foreign adoption shall not e/ceed si/ hundred <A88= a year for the first five <9= years.2" (oreover, no child shall be (atche& to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. The clearance, as issued by the I'A+, with the copy of the minutes of the meetings, shall form part of the records of the child to be adopted. -hen the I'A+ is ready to transmit the Placement Authority to the authori;ed and accredited inter?country adoption agency and all the travel documents of the child are ready, the adoptive parents, or any one of them, shall personally fetch the child in the Philippines.2,

W/AT IS T/E BEST INTEREST STANDARDH It refers to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor and most encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor.22

/OW IS T/E <ATC/ING PROCESS AD<INISTERED?BH The multi?disciplinary matching process is a distinctive feature of the Philippine inter?country adoption system. The Inter?country Adoption +oard as provided in &ection 9 of 6A 5872 re0uires that the composition of the board must be as followsC one <"= psychiatrist or psychologistD Two <,= lawyers who have the minimum 0ualifications of a 6egional Trial 'ourt udgeD one <"= registered &ocial -or$erD and two <,= representatives from non?governmental organi;ations engaged in child?caring and placing activities. During the initial matching phase, the Inter?country Adoption +oard secretariat pre? selects five <9= to ten <"8= families in its approved roster for selection and identification
31 32

&ection @, 6.A. 5872 &ection "", 6.A. 5872 33 &ection "7, 6.A. 5872 34 Distinctive 'haracteristics of the Philippine Inter?country Adoption Process by +ernadette +. Abe o

47

of the childHs social wor$er who will select two <,= families and set a priority for the two. The families are presented by the &ocial -or$er to the Inter?country Placement 'ommittee. The multi disciplinary character of the inter?country adoption process is mirrored in the Inter?country Placement 'ommittee. The Inter?country placement committee is panel of professionals composed of a medical doctor <pediatrician=, social wor$er, lawyer, non? governmental organi;ation representative and a psychologist who initially assesses the selection of families by the social wor$er and has the opportunity to 0uery the social wor$er on the characteristics and personality of the child. The inter?country placement committee, guided by basic guidelines on matching? such as family approval dates, age gap of prospective parents and the child, religious considerations if the child is an older child, health considerations among the many other factors in matching, ma$e recommendations to the Inter?country Adoption +oard on the matching of the child with the prospective adoptive parents. PROCEDURE FOR INTER0COUNTR; ADOPTION

Sec. 2A. Where to *ile Petition. A .e" $ e& 'et t #! t# a&#'t a F % ' !# ch %& (a, be $ %e& b, a $#"e *! !at #!a% #" F % ' !# c t :e! 'e"(a!e!t%, "es & !* ab"#a& - th the Fa( %, C#)"t ha. !* 7)" s& ct #! #.e" the '%ace -he"e the ch %& "es &es #" (a, be $#)!&. It (a, be $ %e& & "ect%, - th the I!te"0C#)!t", A&#'t #! B#a"&.

W/ERE TO FILE T/E PETITION FOR ADOPTIONH A verified petition to adopt a 1ilipino child may be filed by a foreign national or 1ilipino citi;en permanently residing abroad withC ". The 1amily 'ourt having urisdiction over the place where the child resides or may be foundD or ,. It may be filed directly with the Inter?'ountry Adoption +oard.29

35

&ection ,5, A.(. 8,?A?8,

48

Sec. 2J. Who may be adopted. O!%, a ch %& %e*a%%, a.a %ab%e $#" &#(est c a&#'t #! (a, be the s)b7ect #$ !te"0c#)!t", a&#'t #!.

W/O <A; BE ADOPTEDH Only a child legally available for domestic adoption may be the sub ect of inter? country adoption. A legally?free child is a person who is below fifteen <"9= years of age unless sooner emancipated by law and has been voluntarily or involuntarily committed to the Department, in accordance with the 'hild and Bouth -elfare 'ode. In order that such child may be considered for placement, the following documents must be submitted to the I'A+C ". 'hild studyD ,. +irth certificate or foundling certificateD 2. Deed of voluntary commitmentGdecree of abandonmentGdeath certificate of parentsD 7. (edical evaluation or historyD 9. Psychological evaluation, as necessaryD and A. A recent photo of the child. 2A

W/O <A; ADOPTH An alien or a 1ilipino citi;en permanently residing abroad may file an application for inter?country adoption of a 1ilipino child if heGsheC ". Is at least twenty?seven <,@= years of age and at least si/teen <"A= years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parentD

36

&ection 5, 6.A. 5872

49

,. If married, hisGher spouse must ointly file for the adoptionD 2. *as 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 hisGher countryD 7. *as not been convicted of a crime involving moral turpitudeD 9. Is eligible to adopt under hisGher national lawD A. Is in a position to provide the proper care and support and to give the necessary moral values and e/ample to all his children, including the child to be adoptedD @. Agrees to uphold the basic rights of the child as embodied under Philippine laws, the :.N. 'onvention on the 6ights of the 'hild, and to abide by the rules and regulations issued to implement the provisions of this ActD 5. 'omes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authori;ed and accredited agency and that adoption is allowed under hisGher national lawsD and 4. Possesses all the 0ualifications and none of the dis0ualifications provided herein and in other applicable Philippine laws. ?D Sec. ?=. Contents of Petition. The 'et t #!e" ()st a%%e*e1 a) h s a*e a!& the a*e #$ the ch %& t# be a&#'te&+ sh#- !* that he s at %east t-e!t,0 se.e! (2D) ,ea"s #$ a*e a!& at %east s 3tee! (@>) ,ea"s #%&e" tha! the ch %& t# be a&#'te& at the t (e #$ a''% cat #!+ )!%ess the 'et t #!e" s the 'a"e!t b, !at)"e #$ the ch %& t# be a&#'te& #" the s'#)se #$ s)ch 'a"e!t+ ! -h ch case the a*e & $$e"e!ce &#es !#t a''%,6 b) $ (a"" e&+ the !a(e #$ the s'#)se -h# ()st be 7# !e& as c#0'et t #!e" e3ce't -he! the a&#'tee s a %e* t (ate ch %& #$ h s s'#)se6 c) that he has the ca'ac t, t# act a!& ass)(e a%% " *hts a!& "es'#!s b % t es #$ 'a"e!ta% a)th#" t, )!&e" h s !at #!a% %a-s+ a!& has )!&e"*#!e the a''"#'" ate c#)!se% !* $"#( a! acc"e& te& c#)!se%#" ! h s c#)!t",6
37

&ection 4, 6.A. 5872

50

&) that he has !#t bee! c#!. cte& #$ a c" (e !.#%. !* (#"a% t)"' t)&e6 e) that he s e% * b%e t# a&#'t )!&e" h s !at #!a% %a-6 $) that he ca! '"#. &e the '"#'e" ca"e a!& s)''#"t a!& !st %% the !ecessa", (#"a% .a%)es a!& e3a('%e t# a%% h s ch %&"e!+ !c%)& !* the ch %& t# be a&#'te&6 *) that he a*"ees t# )'h#%& the bas c " *hts #$ the ch %&+ as e(b#& e& )!&e" Ph % '' !e %a-s a!& the U. N. C#!.e!t #! #! the R *hts #$ the Ch %&+ a!& t# ab &e b, the ")%es a!& "e*)%at #!s ss)e& t# ('%e(e!t the '"#. s #!s #$ Re')b% c Act N#. A=B?6 h) that he c#(es $"#( a c#)!t", - th -h ch the Ph % '' !es has & '%#(at c "e%at #!s a!& -h#se *#.e"!(e!t (a !ta !s a s ( %a"%, a)th#" :e& a!& acc"e& te& a*e!c, a!& that a&#'t #! #$ a F % ' !# ch %& s a%%#-e& )!&e" h s !at #!a% %a-s6 a!& ) that he '#ssesses a%% the 5)a% $ cat #!s a!& !#!e #$ the & s5)a% $ cat #!s '"#. &e& ! th s R)%e+ ! Re')b% c Act N#. A=B? a!& ! a%% #the" a''% cab%e Ph % '' !e %a-s.

W/AT ARE T/E CONTENTS OF T/E PETITIONH The petitioner must allegeC a= his age and the age of the child to be adopted, showing that he is at least twenty?seven <,@= years of age and at least si/teen <"A= years older than the child to be adopted at the time of application, unless the petitioner is the parent by nature of the child to be adopted or the spouse of such parent, in which case the age difference does not applyD b= if married, the name of the spouse who must be oined as co?petitioner e/cept when the adoptee is a legitimate child of his spouseD c= that he 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 countryD d= that he has not been convicted of a crime involving moral turpitudeD

51

e= that he is eligible to adopt under his national lawD f= that he can provide the proper care and support and instill the necessary moral values and e/ample to all his children, including the child to be adoptedD g= that he agrees to uphold the basic rights of the child, as embodied under Philippine laws and the :. N. 'onvention on the 6ights of the 'hild, and to abide by the rules and regulations issued to implement the provisions of 6epublic Act No. 5872D h= that he comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authori;ed and accredited agency and that adoption of a 1ilipino child is allowed under his national lawsD and i= that he possesses all the 0ualifications and none of the dis0ualifications provided in this 6ule, in 6epublic Act No. 5872 and in all other applicable Philippine laws.

Sec. ?@. !nne$es. 0 The 'et t #! $#" a&#'t #! sha%% c#!ta ! the $#%%#- !* a!!e3es -" tte! a!& #$$ c a%%, t"a!s%ate& ! E!*% sh1 a) B "th ce"t $ cate #$ 'et t #!e"6 b) <a"" a*e c#!t"act+ $ (a"" e&+ a!&+ $ a''% cab%e+ the & .#"ce &ec"ee+ #" 7)&*(e!t & ss#%. !* the (a"" a*e6 c) S-#"! state(e!t #$ c#!se!t #$ 'et t #!e"2s b #%#* ca% #" a&#'te& ch %&"e! ab#.e te! (@=) ,ea"s #$ a*e6 &) Ph,s ca%+ (e& ca% a!& 's,ch#%#* ca% e.a%)at #! #$ the 'et t #!e" ce"t $ e& b, a &)%, % ce!se& 'h,s c a! a!& 's,ch#%#* st6 e) I!c#(e ta3 "et)"!s #" a!, a)the!t c &#c)(e!t sh#- !* the c)""e!t $ !a!c a% ca'ab % t, #$ the 'et t #!e"6 $) P#% ce c%ea"a!ce #$ 'et t #!e" ss)e& - th ! s 3 (>) (#!ths be$#"e the $ % !* #$ the 'et t #!e"6

52

*) Cha"acte" "e$e"e!ce $"#( the %#ca% ch)"chM( ! ste"+ the 'et t #!e"2s e('%#,e" a!& a (e(be" #$ the ((e& ate c#(()! t, -h# ha.e 4!#-! the 'et t #!e" $#" at %east $ .e (I) ,ea"s6 h) F)%% b#&, '#stca"&0s :e ' ct)"es #$ the 'et t #!e" a!& h s ((e& ate $a( %, ta4e! at %east s 3 (>) (#!ths be$#"e the $ % !* #$ the 'et t #!.

W/AT ARE T/E ANNEKESH The petition for adoption shall contain the following anne/es written and officially translated in 3nglishC a= +irth certificate of petitionerD b= (arriage contract, if married, and, if applicable, the divorce decree, or udgment dissolving the marriageD c= &worn statement of consent of petitionerHs biological or adopted children above ten <"8= years of ageD d= Physical, medical and psychological evaluation of the petitioner certified by a duly licensed physician and psychologistD e= Income ta/ returns or any authentic document showing the current financial capability of the petitionerD f= Police clearance of petitioner issued within si/ <A= months before the filing of the petitionerD g= 'haracter reference from the local churchGminister, the petitionerHs employer and a member of the immediate community who have $nown the petitioner for at least five <9= yearsD h= 1ull body postcard?si;e pictures of the petitioner and his immediate family ta$en at least si/ <A= months before the filing of the petition.

W/AT ARE T/E COSTS AND FEES PAID B; T/E APPLICANT(S)H

53

The applicant<s= shall bear the following costs incidental to the placement of the childD ". Pre?adoptive placement costs which shall consist ofC <a= The cost of bringing the child from the Philippines to the residence of the applicant<s= abroad, including all travel e/penses within the Philippines and abroadD and <b= The cost of passport, visa, medical e/amination and psychological evaluation re0uired, and other related e/penses25D and ,. 1ees, charges, and assessments collected by the +oard in the e/ercise of its functions shall be used solely to process applications for inter?country adoption and to support the activities of the +oard.24

Sec. ?2. Duty of Court. The c#)"t+ a$te" $ !& !* that the 'et t #! s s)$$ c e!t ! $#"( a!& s)bsta!ce a!& a '"#'e" case $#" !te"0c#)!t", a&#'t #!+ sha%% ((e& ate%, t"a!s( t the 'et t #! t# the I!te"0C#)!t", A&#'t #! B#a"& $#" a''"#'" ate act #!.

W/AT IS T/E DUT; OF T/E COURTH The court, after finding that the petition is sufficient in form and substance and a proper case for inter?country adoption, shall immediately transmit the petition to the Inter?'ountry Adoption +oard for appropriate action.

TRIAL CUSTOD; The adoption process is not complete by the mere compliance with the formalitiesD a trial custody must ta$e place. The trial custody shall be for a period of si/ <A= months from the time of placement. Only after the lapse of the period of trial custody shall a decree of adoption be issued in the said country a copy of which shall be sent to the +oard to form part of the records of the child.

38 39

&ection ",, 6.A. 5872 &ection "2, 6.A. 5872

54

The governmental agency or the authori;ed and accredited agency in the country of the adoptive parents which filed the application for inter?country adoption shall be responsible for the trial custody and the care of the child. It shall also provide family counseling and other related services. During the trial custody, the adopting parent<s= shall submit to the governmental agency or the authori;ed and accredited agency, which shall in turn transmit a copy to the +oard, a progress report of the child.s ad ustment. The progress report shall be ta$en into consideration in deciding whether or not to issue the decree of adoption78.

W/AT ARE POST PLACE<ENT REPORTSH The I'A+ re0uires the submission of Post Placement 6eports which refer to three <2= reports submitted over a si/ <A= month assessment period. This is crucial to determine the success of the placement and helpful in cases of #disruptive placements%. The process allows Inter?country Adoption +oard to repatriate the child if necessary and rematch the child with ease to another family or re?unite the child with $in in cases of relative adoptions The Inter?country Adoption +oard issues a #Placement Authority% and re0uires the submission of the post placement reports to determine whether the issuance of an #Affidavit of 'onsent to Adoption% is appropriate. Only upon the familiesH receipt of the #Affidavit of 'onsent to the adoption% will the adoption of the child be allowed to be finali;ed in the courts of the receiving country. This procedure is different from most sending countries where the adoption is finali;ed before the child leaves the country. 7"

W/AT ARE POST ADOPTION SERVICESH The Post Adoption &ervices provided by the I'A+ are only few of the followingC a= (otherland tour b= &earch and reunion As a policy, the re0uest for search and reunion is only underta$en if the child is of legal age <as defined by the receiving country= and has reached the
78

&ection "7, 6.A. 5872 Distinctive 'haracteristics of the Philippine Inter?country Adoption Process by +ernadette +. Abe o

41

55

re0uired emotional maturity to underta$e the search. Intensive preparation of the adoptee by his or her foreign accredited agency and preparation of the birthparents by the Inter?country Adoption +oard is crucial for a positive result of the reunion. 3/ception to the stated policy is given where the need for the reunion is essential to the emotional well being of the child and only upon re0uest of the minorHs adoptive parents.7, c= 6e0uest for information

W/AT ARE T/E ACTIONS DONE B; T/E DFAH The Department of 1oreign Affairs shall set up a system by which 1ilipino children sent abroad for trial custody are monitored and chec$ed as reported by the authori;ed and accredited inter?country adoption agency as well as the repatriation to the Philippines of a 1ilipino child whose adoption has not been approved72. The Department of 1oreign Affairs, upon representation of the I'A+, shall cause the preparation of 3/ecutive Agreements with countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards provided by this Act. BB

I.

RELATIVE ADOPTION

6elative Adoption as applied to inter?country adoption refers to the adoption of 1ilipino children by relatives residing abroad within the fourth <7th= degree of consanguinity or affinity 1ormer 1ilipinos permanently residing abroad andGor foreigners intending to underta$e either local adoption <the filing and the finali;ation of the adoption is done in the Philippines and have the intention of bringing the adoptive child to their country of residence= or through the inter?country adoption route must first secure the approval from the 'entral Authority or appropriate government agencies before filing any adoption petition79.

42
72

Id. &ection "7, 6.A. 5872 &ection "9, 6.A. 5872 httpCGGwww.icab.gov.phGrelative?adoption

44 45

56

<ODIFIED PROCEDURE FOR RELATIVE ADOPTION CASES (AS APPROVED B; T/E BOARD ON AUGUST ?=+ 2==D)

". The Luestionnaire for 6elative Adoptive Applicants <L6AA M I'A+ 1orm No.,= which can be downloaded from this website shall be submitted by the prospective adoptive parents <PAPs= to the 'entral Authorities <'As=G 1oreign Adoption Agencies<1AAs=. The 'AsG1AAs shall endorse to I'A+ the completed L6AA with the agencyHs assessment and recommendation on the prospective adoptive parents. ,. If the 'AG1AA favorably recommends the PAPs, the assigned I'A+ social wor$er re0uests the 'AG1AA to proceed with the preparation of the PAPsH dossier. On the other hand, based on the significant data on the child as indicated in the L6AA, the assigned I'A+ &ocial -or$er re0uests the concerned Department of &ocial -elfare and Development 1ield Office <D&-D 1O= to conduct the 'hild &tudy 6eport with supporting documents. Periodic follow?ups will be made with the D&-D?1O. <The time frame from re0uest to I'A+Hs receipt of the report is 2?A months.= 2. Once the I'A+ receives from the D&-D?1O the childHs dossier and the complete adoption application dossier of the PAPs from the 'A or 1AA, the I'A+ social wor$er prepares an e/ecutive summary on the case with hisGher recommendation on the childHs adoptive placement for the disposition of the +oard.

57

III. DEPART<ENT OF SOCIAL WELFARE AND DEVELOP<ENT CERTIFICATION (Re')b% c Act N#. JI2?) Re')b% c Act N#. JI2?+ <a"ch @2+ 2==J AN ACT REEUIRING CERTIFICATION OF T/E DEPART<ENT OF SOCIAL WELFARE AND DEVELOP<ENT (DSWD) TO DECLARE A CC/ILD LEGALL; AVAILABLE FOR ADOPTIONC AS A PREREEUISITE FOR ADOPTION PROCEEDINGS+ A<ENDING FOR T/IS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. AII2+ OT/ERWISE LNOWN AS T/E DO<ESTIC ADOPTION ACT OF @JJA+ REPUBLIC ACT NO. A=B?+ OT/ERWISE LNOWN AS T/E INTER0COUNTR; ADOPTION ACT OF @JJI+ PRESIDENTIAL DECREE NO. >=?+ OT/ERWISE LNOWN AS T/E C/ILD AND ;OUT/ WELFARE CODE+ AND FOR OT/ER PURPOSES +e it enacted by the &enate and *ouse of 6epresentatives of the Philippines in 'ongress assembledC &ection ". Declaration of Policy. M It is hereby declared the policy of the &tate that alternative protection and assistance shall be afforded to every child who is abandoned, surrendered, or neglected. In this regard, the &tate shall e/tend such assistance in the most e/peditious manner in the interest of full emotional and social development of the abandoned, surrendered, or neglected child. It is hereby recogni;ed that administrative processes under the urisdiction of the Department of &ocial -elfare and Development for the declaration of a child legally available for adoption of abandoned, surrendered, or neglected children are the most e/peditious proceedings for the best interest and welfare of the child. &ection 7. Procedure for the 1iling of the Petition. M The petition shall be filed in the regional office of the D&-D where the child was found or abandoned. The 6egional Director shall e/amine the petition and its supporting documents, if sufficient in form and substance and shall authori;e the posting of the notice of the petition conspicuous place for five <9= consecutive days in the locality where the child was found. The 6egional Director shall act on the same and shall render a recommendation not later than five <9= wor$ing days after the completion of its posting. *eGshe shall transmit a copy of hisGher recommendation and records to the Office of the &ecretary within forty?eight <75= hours from the date of the recommendation. &ection 9. Declaration of Availability for Adoption. M :pon finding merit in the petition, the &ecretary shall issue a certification declaring the child legally available for adoption

58

within seven <@= wor$ing days from receipt of the recommendation. &aid certification, by itself shall be the sole basis for the immediate issuance by the local civil registrar of a foundling certificate. -ithin seven <@= wor$ing days, the local civil registrar shall transmit the founding certificate to the National &tatistic Office <N&O=. &ection A. Appeal. M The decision of the &ecretary shall be appealable to the 'ourt of Appeals within five <9= days from receipt of the decision by the petitioner, otherwise the same shall be final and e/ecutory. &ection @. Declaration of Availability for Adoption of Involuntarily 'ommitted 'hild and Foluntarily 'ommitted 'hild. M The certificate declaring a child legally available for adoption in case of an involuntarily committed child under Article "7", paragraph 7<a= and Article "7, of Presidential Decree No. A82 shall be issued by the D&-D within three <2= months following such involuntary commitment. In case of voluntary commitment as contemplated in Article "97 of Presidential Decree No. A82, the certification declaring the child legally available for adoption shall be issued by the &ecretary within three <2= months following the filing of the Deed of Foluntary 'ommitment, as signed by the parent<s= with the D&-D. :pon petition filed with the D&-D, the parent<s= or legal guardian who voluntarily committed a child may recover legal custody and parental authority over himGher from the agency or institution to which such child was voluntarily committed when it is shown to the satisfaction of the D&-D that the parent<s= or legal guardian is in a position to ade0uately provide for the needs of the childC Provided, That, the petition for restoration is filed within <2= months after the signing of the Deed of Foluntary 'ommitment. &ection 5. 'ertification. M The certification that a child is legally available for adoption shall be issued by the D&-D in lieu of a udicial order, thus ma$ing the entire process administrative in nature. The certification, shall be, for all intents and purposes, the primary evidence that the child is legally available in a domestic adoption proceeding, as provided in 6epublic Act No. 599, and in an inter?country adoption proceeding, as provided in 6epublic Act No. 5872. 6epublic Act 49,2 is otherwise $nown as #An Act 6e0uiring 'ertification of the Department of &ocial -elfare and Development <D&-D= to Declare A 'hild !egally Available 1or Adoption as a Prere0uisite 1or Adoption Proceedings%. Although it amended certain portions of 6A 599,, 6A 5872, and Presidential Decree No. A82 #'hild and Bouth -elfare 'ode%, it did not turn the whole adoption process from a udicial proceeding under the 1amily 'ourts to an administrative

59

proceeding under the D&-D. 6A 4,92 applies only to surrendered, abandoned, neglected, and dependent children who are sub ect to adoption. :nder 6A 49,2, the time period before a child is considered abandoned has been reduced to a ma/imum of three months from the original minimum of si/ months. 6A 49,2 made the declaration of abandonment of child #administrative in nature% which now re0uires ust a certification signed by the D&-D secretary instead of a udicial order. +ecause of the new regulations, a child could be declared legally available for adoption in less than two months. Previously, it too$ as long as three years in court proceedings for such a declaration. *owever, as &ection 7 of the Implementing 6ules and 6egulations of 6A 49,2 clearly states, certain adoption proceedings in court do not re0uire a #'ertification Declaring a 'hild !egally Available for Adoption%. These areC ". Adoption of an illegitimate child by any of hisGher biological parentD ,. Adoption of a child by hisGher step?parentD and 2. Adoption of a child by a relative within the fourth degree of consanguinity or affinity7A

CO<PARING DO<ESTIC ADOPTION (RA AII2) FRO< INTER0COUNTR; ADOPTION (RA A=B?)

DO<ESTIC

INTER0COUNTR; Inter 'ountry Adapotion +oard < I'A+=

)overning +ody

D&-D

46

httpCGGfamli.blogspot.comG,88@G""Gprocedures?in?adoption?under?ra?599,.html

60

Inter?'ountry Adoption +oard 1amily 'ourt where adopter resides <Petition may also be filed with 1amily 'ourt where adoptee residesD 1' to endorse petition to I'A+=

G)" s& ct #!

Ve!)e

Petition for adoption shall be filed with 1amily 'ourt of the province or city where the prospective adoptive parents reside N+ec. 3, /do"tion .uleO

3ither with the Philippine 6T' having urisdiction over the child, or with the Inter? country +oard through an intermediate agency, in the country of the adoptive parents N+ec. '(O I66 of ,887 providesC Application shall be filed with the +oard or the 'entral Authority or the 1oreign Adoption Agency in the country where the applicant resides. In case of foreign nationals who file petition for adoption under 6A 599, or Domestic Adoption !aw, the 'ourt after finding petition to be sufficient in form and substance and proper case for inter?country adoption shall immediately transmit the petition to

61

the board for appropriate action. <&ec. 28= Wh# <a, a&#'t "= Any 1ilipino citi;en of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitudeD who is emotionally and psychologically capable of caring for children, at least si/teen <"A= years older than the adoptee, and who is in a position to support and care for his children in $eeping with the means of the family. The re0uirement of a "A?year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adopteeHs parentD A foreigner must meet the following re0uirements in order to be 0ualified to adopt in the Philippines under the Inter? 'ountry Adoption ActC

a= GENERAL RULE1 at least twenty?seven <,@= years of age and at least si/teen <"A= years older than the child to be adopted, at the time of applicationD

EKCEPTION1 If the adopter is the parent by nature of the child to be adopted or the spouse of such parent, heGshe is not re0uired to meet the above age re0uirementD

,= Any alien possessing the same 0ualifications as above? stated for 1ilipino nationalsC Provided, That his country has diplomatic relations with the 6epublic of the Philippines, that he has been living in the Philippines for at least three <2= continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his diplomatic

b= If married, hisGher spouse must ointly file for the adoptionD

c= -ith 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 hisGher countryD

62

or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the re0uirements on residency and certification of the alienHs 0ualification to adopt in his country may be waived for the followingC

d= Not convicted of a crime involving moral turpitudeD

e= 3ligible to adopt under hisGher national lawD

<i= A former 1ilipino citi;en who see$s to adopt a relative within the fourth <7th= degree of consanguinity or affinityD

f= In a position to provide the proper care and support and to give the necessary moral values and e/ample to all his children, including the child to be adoptedD

<ii= One who see$s to adopt the legitimate child of his 1ilipino spouseD

<iii= One who is married to a 1ilipino citi;en and see$s to adopt ointly with his spouse a relative within the fourth <7th= degree of consanguinity or affinity of the 1ilipino spouse.

g= Agrees to uphold the basic rights of the child as embodied under Philippine family laws, the :.N. 'onvention on the 6ights of the 'hild, and to abide by the rules and regulations issued to implement the provisions of this ActD

<2= The guardian with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.

h= 'omes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authori;ed and accredited agency and that adoption is allowed under hisGher national lawsD and

i= Possesses all the 0ualifications

63

*usband and wife shall ointly adopt, e/cept in the following casesC

<i= Iif one spouse see$s to adopt the legitimate child of one spouse by the other spouseD or

<ii= If one spouse see$s to adopt his own illegitimate childC Provided, however, That the other spouse has signified his consent theretoD or

and none of the dis0ualifications provided herein and in other applicable Philippine laws.

<iii= If the spouses are legally separated from each other.

In case husband and wife ointly adopt or one spouse adopts the illegitimate child of the other, oint parental authority shall be e/ercised by the spouses.

S)'e". se& T" a% C)st#&,

-ithin the Philippines <A month period discretionary upon the -ithin the country of the court to shorten period or adopter <(andatoryD all e/empt parties from trial e/penses borne by adopter= custody=

Pet t #! $#"

(ay include C

NGA

64

". Prayer for change of name

a&#'t #!

,. 6ectification of simulated birth

2. Declaration that child is abandoned, dependent or neglected child or foundling

Wh# (a, be a&#'te&

<a= Any person below eighteen <"5= years of age who has been administratively or udicially declared available for adoptionD <b= The legitimate sonGdaughter of one spouse by the other spouseD <c= An illegitimate sonGdaughter by a 0ualified adopter to improve hisGher status to that of legitimacyD <d= A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter<s= as hisGher own child

a= 1ilipino children N&ec. 2<a=O

<b= +elow "9 years of age N&ec.2<b=O <c= -ho are legally free, meaning children who have been voluntarily or involuntarily committed to the D&-D N&ec. 2<f= and &ec. 5O

I66 of ,887 adds thatC Any child who has been voluntarily or involuntarily committed to the Department as dependent, abandoned or neglected pursuant to the provisions of the 'hild and Bouth -elfare 'ode may be the sub ect
65

since minorityD <e= A child whose adoption has been previously rescindedD or <f= A child whose biological or adoptive parent<s= has diedC Provided, That no proceedings shall be initiated within si/ <A= months from the time of death of said parent<s=. &ec. 5 2 successive wee$s in a newspaper of general circulation in the province or city where the court is situated of Inter?'ountry Adoption /// N&ec. ,AO

P)b% cat #!

NGA

Whe"e t# $ %e a''% cat #!

1amily 'ourt which has urisdiction

(ay be made through foreign placement agency which will then submit application to the I'A+

DISTINCTIONS ON T/E PROVISIONS OF T/E FA<IL; CODE+ R.A. A=B? INTER0COUNTR; ADOPTION ACT (RAA=B?) AND DO<ESTIC ADOPTION (RA AII2)
66

FA<IL; CODE

INTER0COUNTR; ADOPTION (R.A. A=B?)

DO<ESTIC ADOPTION (R.A. AII2)

Wh# (a, a&#'t

A person of legal age and in possession of full civil capacity and legal rights, providedC

An alien or a 1ilipino citi;en permanently residing abroad may file an application for inter? country adoption of a 1ilipino child if heGsheC ". Is at least twenty? seven <,@= years of age and at least si/teen <"A= years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parentD ,. If married, hisGher spouse must ointly file for the adoptionD 2. *as 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 hisGher countryD 7. *as not been convicted of a crime involving moral

". *e is in a position to support and care for his children, legitimate or illegitimate, in $eeping with the means of his familyD

,. At least "A years older than the person to be adopted, unless the adopter isC

<a= Any 1ilipino citi;en of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least si/teen <"A= years older than the adoptee, and who is in a position to support and care for hisGher children in $eeping with the means of the family.

a. The parent by nature of the adopted or

b. The spouse of the legitimate parent of the person to be adopted.

2. *as not been convicted of a crime involving moral

The re0uirement of si/teen <"A= year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee.s parentD

67

turpitude

turpitudeD 9. Is eligible to adopt under hisGher national lawD A. Is in a position to provide the proper care and support and to give the necessary moral values and e/ample to all his children, including the child to be adoptedD @. Agrees to uphold the basic rights of the child as embodied under Philippine laws, the :.N. 'onvention on the 6ights of the 'hild, and to abide by the rules and regulations issued to implement the provisions of this ActD 5. 'omes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authori;ed and accredited agency and that adoption is allowed under hisGher national lawsD and 4. Possesses all the 0ualifications and none of the dis0ualifications provided herein and in other applicable
68

Philippine laws.

Lualification of Aliens to adopt

NOT 0ualified :N!3&&C

L:A!I1I3D

". A former 1ilipino citi;en who see$s to adopt a relative by consanguinity who see$s to adopt a relative by consanguinityD

L:A!I1I3D. Any alien possessing the same 0ualifications as above stated for 1ilipino nationals may adopt, providedC That hisGher country has diplomatic relations with the 6epublic of the Philippines, that heGshe has been living in the Philippines for at least three <2= continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that heGshe has been certified by hisGher diplomatic or consular office or any appropriate government agency that heGshe has the legal capacity to adopt in hisGher country, and that hisGher government allows the adoptee to enter hisGher country as hisGher adopted sonGdaughterC

,. One see$ing to adopt the legitimate child of hisGher 1ilipino spouseD and 2. If one is married to a 1ilipino citi;en and see$s to adopt ointly with his spouse a relative by consanguinity of the latter

69

Provided, 4urther, That the re0uirements on residency and certification of the alien.s 0ualification to adopt in hisGher country may be waived for the followingC <i= a former 1ilipino citi;en who see$s to adopt a relative within the fourth <7th= degree of consanguinity or affinityD or

<ii= one who see$s to adopt the legitimate sonGdaughter of hisGher 1ilipino spouseD or

<iii= one who is married to a 1ilipino citi;en and see$s to adopt ointly with hisGher spouse a relative within the fourth <7th= degree of consanguinity or affinity of the 1ilipino spouseD or . <c= The guardian with respect to the ward after the termination of
70

the guardianship and clearance of hisGher financial accountabilities.

*usband and wife shall ointly adopt, e/cept in the following casesC

<i= if one spouse see$s to adopt the legitimate sonGdaughter of the otherD or

<ii= if one spouse see$s to adopt hisGher own illegitimate sonGdaughterC Provided, *owever, that the other spouse has signified hisGher consent theretoD or

<iii= if the spouses are legally separated from each other. virtual law library In case husband and wife ointly adopt, or one spouse adopts the illegitimate sonGdaughter of the other, oint parental authority shall be
71

e/ercised by the spouses.

A&#'t #! b, G)a"& a!s #$ the " Wa"&s

Allowed but only after the approval of the final accounts rendered upon the termination of their guardianship relation

&ilent

Only after the termination of the guardianship and clearance of his accountabilities

Wh# (a, be a&#'te&H

". (inors may be adopted e3ce'tC

Only a legally free child. A legally free child is one below "9 years old unless sooner emancipated by law and who has been voluntarily or involuntarily committed to the Department, in accordance with the 'hild and Bouth -elfare 'ode.

a. 'hild by nature of the adopter or hisGher spouseD or

<a= Any person below eighteen <"5= years of age who has been administratively or udicially declared available for adoptionD

b. Prior to the adoption, said person had been consistently treated by the adopter as his own child during minorityD

<b= The legitimate sonGdaughter of one spouse by the other spouseD

,. An alien with whose government the Philippines has diplomatic relationsD

<c= An illegitimate sonGdaughter by a 0ualified adopter to improve hisGher status to that of legitimacyD

2. An adopted child whose adoption had been previously revo$ed or rescinded

<d= A person of legal age if, prior to the adoption, said person has been consistently considered and treated
72

by the adopter<s= as hisGher own child since minorityD

<e= A child whose adoption has been previously rescindedD or

<f= A child whose biological or adoptive parent<s= has diedC Provided, That no proceedings shall be initiated within si/ <A= months from the time of death of said parent<s=. A&#'t #! b, h)sba!& a!& - $e (ust adopt ointly, e/ceptC (ust ointly file for adoption *usband and wife shall ointly adopt, e/cept in the following casesC

". -hen the spouse see$s to adopt his own illegitimate childD

<i= if one spouse see$s to adopt the legitimate sonGdaughter of the otherD or

,. -hen one spouse see$s to adopt the legitimate child of the other

<ii= if one spouse see$s to adopt hisGher own illegitimate sonGdaughterC

In case the husband and wife ointly adopt

73

Provided, *owever, that the other spouse has signified hisGher consent theretoD or

or one spouse accepts the legitimate child of the other, oint parental authority shall be e/ercised by the spouses.

<iii= if the spouses are legally separated from each other. law library In case husband and wife ointly adopt, or one spouse adopts the illegitimate sonGdaughter of the other, oint parental authority shall be e/ercised by the spouses.

Wh# sha%% * .e c#!se!t ! -" t !*

". The person to be adopted if ten <"8= years or overD

,. Parents by nature of the child or legal guardian or proper government entityD

1or the biological or adopted children above "8 years of age, the written consent must be in the form of a sworn statement.

<a= The adoptee, if ten <"8= years of age or overD

2. !egitimate and adopted children, "8 years or older, of adopterD

<b= The biological parent<s= of the child, if $nown, or the legal guardian, or the proper government instrumentality which has legal custody of the childD

<c= The legitimate and

74

adopted sonsGdaughters, ten <"8= years of age or over, of the adopter<s= and adoptee, if anyD

7. Illegitimate children, "8 years or older, of adopter if living with said parent and the latterHs spouse, if anyD

9. &pouse, if any, of the adopter or adopted.

<d= The illegitimate sonsGdaughters, ten <"8= years of age or over, of the adopter if living with said adopter and the latter.s spouse, if anyD and <e= The spouse, if any, of the person adopting or to be adopted.

Whe"e t# $ %e a''% cat #!

1amily 'ourts

3ither with the 1amily 'ourts Philippine 6egional Trial 'ourt <1amily 'ourt= having urisdiction over the child, or with the +oard, through an intermediate agency, whether governmental or an authori;ed and accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with the re0uirements as set forth in the implementing rules and regulations to be
75

promulgated by the +oard.

E$$ects #$ a&#'t #!

".1or civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall ac0uire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adoptersD ,. The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, e/cept that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be e/ercised ointly by both spousesD and 2. The adopted shall remain an intestate heir of his parents and other blood relatives.

&ilent

". 3/cept in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent<s= and the adoptee shall be severed and the same shall then be vested on the adopter<s=. ,. The adoptee shall be considered the legitimate sonGdaughter of the adopter<s= for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sonsGdaughters born to them without discrimination of any $ind. To this end, the adoptee is entitled to love, guidance, and support in $eeping with the means of the family. 2. In legal and intestate succession, the adopter<s= and the adoptee shall have reciprocal rights of succession without
76

7. If the adopter dies prior to the decision of the adoption, the petition is dismissed.

distinction from legitimate filiation. *owever, if the adoptee and hisGher biological parent<s= had left a will, the law on testamentary succession shall govern. 7. If the adopter dies prior to the decision of the adoption, the adoption shall be issued.

Resc ss #! #$ the A&#'t #! Dec"ee

The adopted or the adopter may rescind the adoption

&ilent

Only the adoptee may as$ for rescission. Adoption, being in the best interest of the child, shall not be sub ect to rescission by the adopter. *owever, the adopter may disinherit the adoptee for causes provided in Article 4"4 of the New 'ivil 'ode. :pon petition of the adoptee, with the assistance of the Department if a minor or if over eighteen <"5= years of age but is incapacitated, as guardianGcounsel, the adoption may be rescinded on any of the
77

G"#)!&s $#" Resc ss #! #$ Dec"ee #$ A&#'t #!

&ilent If the adopted is a minor or otherwise incapacitated, the adoption may be udicially rescinded upon petition of any person authori;ed by the court or proper

government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least eighteen years of age, he may petition for udicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant. AdopterC <"= If the adopted has committed any act constituting ground for disinheriting a descendantD or <,= -hen the adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely repudiated the adoption.

following grounds committed by the adopter<s=C <a= repeated physical and verbal maltreatment by the adopter<s= despite having undergone counselingD <b= attempt on the life of the adopteeD <c= se/ual assault or violenceD or <d= abandonment and failure to comply with parental obligations.

E$$ects #$ Resc ss #! #$ Dec"ee #$ A&#'t #!

If the adopted minor has not reached the age of ma ority at the time of the udicial rescission of the adoption, the court in

&ilent

If the petition is granted, the parental authority of the adoptee.s biological parent<s=, if $nown, or the legal custody of the

78

the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are dis0ualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. If the adopted person is physically or mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or property or both. >udicial rescission of the adoption shall e/tinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The adopted shall li$ewise lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption. The court shall accordingly order the amendment of the records in the proper

Department shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter<s= and the adoptee to each other shall be e/tinguished. The court shall order the 'ivil 6egistrar to cancel the amended certificate of birth of the adoptee and restore hisGher original birth certificate. &uccession rights shall revert to its status prior to adoption, but only as of the date of udgment of udicial rescission. Fested rights ac0uired prior to udicial rescission shall be respected. All the foregoing effects of rescission of adoption shall be without pre udice to the penalties imposable under the Penal 'ode if the criminal acts are properly proven.

79

registries.

Othe" Re%e.a!t <atte"s

No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. The adoptive parents, or any of them, shall personally fetch the child in the Philippines. The governmental agency or the authori;ed and accredited agency in the country of the adoptive parents which filed the application for inter?country adoption shall be responsible for the trial custody and care of the child. The trial custody shall be for a period of A months from the time of the placement. Only after the lapse of the period of the trial custody shall decree of adoption be issued in the said country

&upervised trial custody for at least A months. The court may motu proprio or upon motion of any party, reduce the trial period if it finds the same to be in the best interest of the adoptee. 1or alien adopters, he must complete the A?month trial custody e/cept those e/empted from presenting residency re0uirement as well as certification of alienHs 0ualification. Decree of adoption shall be effective as of the date of the original petition was filed. This shall also apply in case the petitioner dies before the issuance of the decree of adoption to protect the interest of the adoptee. No binding commitment to an adoption plan shall be permitted before the birth of the child. An amended certificate
80

of birth shall be iisued by the civil registry. The original certificate of birth shall be stamped #cancelled%. The new birth certificate shall not bear any notation that it is an amended issue.

?oOo?

ANNEK ANGURISPRUDENCE

IN T/E <ATTER OF T/E ADOPTION OF STEP/ANIE NAT/; ASTORGA GARCIA G.R. N#. @BA?@@. <a"ch ?@+ 2==I FACTS1 Petitioner *onorato 'atindig filed a petition to adopt his minor illegitimate child &tephanie, and that &tephanie has been using her motherHs middle and surnameD and that he is now a widower and 0ualified to her adopting parent. *e prayed that &tephanieHs middle name Astorga be changed to )arcia, her motherHs surname, and that her surname )arcia be changed to 'atindig, his surname. ISSUE1 (ay an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her middle nameP RULING1

81

B3&. Adoption is defined as the process of ma$ing a child, whether related or not to the adopter, possess in general, the rights accorded to a legitimate child. It is a uridical act, a proceeding in rem which creates between two persons a relationship similar to that which results from legitimate paternity and filiation."A The modern trend is to consider adoption not merely as an act to establish a relationship of paternity and filiation, but also as an act which endows the child with a legitimate status. +eing a legitimate child by virtue of her adoption, it follows that &tephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any $ind, including the right to bear surname of her father and her mother. &tephanieHs continued use of her motherHs surname as her middle name will maintain her maternal lineage. The Adoption Act and the 1amily 'ode provide that the adoptee remains an intestate heir of hisGher biological parent. *ence, &tephanie can assert her hereditary rights from her natural mother in the future.

OFFICE OF T/E COURT AD<INISTRATOR .s. /ON. GENARO C. GINES A.<. N#. RTG0J20A=2 G)%, I+ @JJ?

FACTS1 This is an administrative case charging respondent *on. >udge )enaro )ines and other court personnel for violations of the Anti?)raft and 'orrupt Practices Act and of various Administrative Orders of the &upreme 'ourt by virtue of their collective illegal acts involving deliberate and surreptitious assignment of cases and certain anomalies in the performance of their duties. It was alleged that several petitions have been prepared by >udge )ines himself in coordination with his other court personnel. One of the cases involved was &pecial Proceeding No. "4A@, a petition for the E udicial confirmation of the de facto adoptionE of 'ecilia Averion which respondent udge confirmed. ISSUE1 (ay the court confirm a de facto adoptionP RULING1

82

NO. The remedy pursued in &pecial Proceeding No. "4A@ is certainly unusual as we are not aware of any prescribed action that may be instituted for the udicial confirmation of a de facto adoption. Nor do our ad ective and substantive laws on adoption provide for such a proceeding. In fact, the only proper and authori;ed procedure relative to adoption is outlined in the rule on adoption itself. "5 That 'ecilia Averion had been treated by the petitioner and her husband as their own child during the former.s minority may only provide compelling reasons to grant the decree of adoption notwithstanding her <'ecilia.s= having attained the age of ma ority. This is one of the e/ceptions provided by the 1amily 'ode to the rule that a person of legal age cannot be adopted. In EconfirmingE the so?called de facto adoption and decreeing the same to be Eretroactive to the year "4A@,E respondent >udge has carved a name for himself in history for, as already pointed out, no action or proceeding for udicial confirmation of a de facto adoption is authori;ed in this urisdiction. 1urthermore, by its very nature and purpose, a decree of adoption can never be made to retroact. !astly, considering that the petitioner.s husband had died in "45@, or three years before the petition was filed, he could not now be resurrected for purposes of the adoption, be in fact declared an adopter and be subse0uently bound by the decree to the pre udice of his heirs. REPUBLIC OF T/E P/ILIPPINES .s. COURT OF APPEALS a!& <AKI<O WONG G.R. N#. JDJ=> <a, 2@+ @JJ2 FACTS1 Private respondent (a/imo -ong is the legitimate son of (a/imo Alcala, &r. and &egundina B. Alcala. -hen he was but two and a half years old and then $nown as (a/imo Alcala, >r., and his sister (argaret Alcala, was then nine years old, they were, with the consent of their natural parents and by order of the court in &pecial 'ase No. 942 issued on &eptember 4, "4A@, adopted by spouses *oong -ong and 'oncepcion Ty -ong, both naturali;ed 1ilipinos. :pon reaching the age of twenty?two, herein private respondent filed a petition to change his name to (a/imo Alcala, >r. It was averred that his use of the surname -ong embarrassed and isolated him from his relatives and friends, as the same suggests a 'hinese ancestry when in truth and in fact he is a (uslim 1ilipino residing in a (uslim community, and he wants to erase any implication whatsoever of alien nationalityD that he is being ridiculed for carrying a 'hinese surname, thus hampering his business and social lifeD and that his adoptive mother does not oppose his desire to revert to his former surname. ISSUE1 -hether or not the reasons given by private respondent in his petition for change of name are valid, sufficient and proper to warrant the granting of said petition. RULING1 B3&.
83

-hile it is true that the statutory fiat under Article 2A9 of the 'ivil 'ode is to the effect that an adopted child shall bear the surname of the adopter, it must nevertheless be borne in mind that the change of the surname of the adopted child is more an incident rather than the ob ect of adoption proceedings. The act of adoption fi/es a status, vi;., that of parent and child. (ore technically, it is an act by which relations of paternity and affiliation are recogni;ed as legally e/isting between persons not so related by nature. It has been defined as the ta$ing into one.s family of the child of another as son or daughter and heir and conferring on it a title to the rights and privileges of such. The purpose of an adoption proceeding is to effect this new status of relationship between the child and its adoptive parents, the change of name which fre0uently accompanies adoption being more an incident than the ob ect of the proceeding. The welfare of the child is the primary consideration in the determination of an application for adoption. On this point, there is unanimous agreement. It is the usual effect of a decree of adoption to transfer from the natural parents to the adoptive parents the custody of the child.s person, the duty of obedience owing by the child, and all other legal conse0uences and incidents of the natural relation, in the same manner as if the child had been born of such adoptive parents in lawful wedloc$, sub ect, however, to such limitations and restrictions as may be by statute imposed. It is not fair to construe the desired reversion of private respondent to the use of the name of his parents by nature as cross ingratitude. To go by the &olicitor )eneral.s suggestion that private respondent should have his adoption revo$ed if he wants to use the surname of his natural father would be to e/act too clear a toll for ma$ing use of an appropriate and valid remedy available under the law. I! Re Pet t #! $#" A&#'t #! #$ < che%%e L ( a!& < chae% G)&e L ( GR N#. @>AJJ20J?+ <a, 2@+ 2==J FACTS1 (onina !im, petitioner, was married with Primo !im but were childless. (inor children whose parents were un$nown as shown by a certification of D&-D were entrusted to them. The spouses registered the children ma$ing it appeared as if they were the parents. :nfortunately, in "445, Primo died. &he then married an American 'iti;en, Angel Olario in December ,888. Petitioner decided to adopt the children by availing of the amnesty given under 6A 599, to individuals who simulated the birth of a child. In ,88,, she filed separate petitions for adoption of (ichelle and (ichael before the trial court. (ichelle was then ,9 years old and already married and (ichael was "5 years and seven months old. (ichelle and her husband including (ichael and Olario gave their consent to the adoption e/ecuted in an affidavit. ISSUE1 -ON petitioner who has remarried can singly adopt. /ELD1
84

Petition was denied. The time the petitions were filed, petitioner had already remarried. *usband and wife shall ointly adopt e/cept in 2 instances which was not present in the case at bar. In case spouses ointly adopts, they shall ointly e/ercise parental authority. The use of the word #shall% signifies that oint adoption of husband and wife is mandatory. This is in consonance with the concept of oint parental authority since the child to be adopted is elevated to the level of a legitimate child, it is but natural to re0uire spouses to adopt ointly. The affidavit of consent given by Olario will not suffice since there are certain re0uirements that he must comply as an American 'iti;en. *e must meet the 0ualifications set forth in &ec@ of 6A599,. The re0uirements on residency and certification of the alienHs 0ualification to adopt cannot li$ewise be waived pursuant to &ec @. Parental authority is merely ust one of the effects of legal adoption. It includes caring and rearing the children for civic consciousness and efficiency and development of their moral mental and physical character and well?being. -e are not unmindful of the main purpose of adoption statutes, which is the promotion of the welfare of the children. Accordingly, the law should be construed liberally, in a manner that will sustain rather than defeat said purpose. The law must also be applied with compassion, understanding and less severity in view of the fact that it is intended to provide homes, love, care and education for less fortunate children. 6egrettably, the 'ourt is not in a position to affirm the trial courtHs decision favoring adoption in the case at bar, for the law is clear and it cannot be modified without violating the proscription against udicial legislation. :ntil such time however, that the law on the matter is amended, we cannot sustain the respondent?spousesH petition for adoption. ISABELITA S. LA/O< VS. GOSE <ELVIN SIBULO G.R. N#. @B?JAJ+ G)%, @B+ 2==? FACTS1 A childless couple adopted the wife.s nephew and brought him up as their own. In "4@,, the trial court granted the petition for adoption, and ordered the 'ivil 6egistrar to change the name >ose (elvin &ibulo to >ose (elvin !ahom. (rs. !ahom commenced a petition to rescind the decree of adoption, in which she averred, that, despite the her pleas and that of her husband, their adopted son refused to use their surname !ahom and continue to use &ibulo in all his dealing and activities. Prior to the institution of the case, in "445, 6A No. 599, went into effect. The new statute deleted from the law the right of adopters to rescind a decree of adoption <&ection "4 of Article FI=. These turn of events revealing >ose.s callous indifference, ingratitude and lac$ of care and concern prompted !ahom to file a petition in 'ourt in December "444 to rescind the decree of adoption previously issued way bac$ on (ay 9, "4@,. -hen !ahom filed said petition there was already a new law on adoption, specifically 6.A. 599, also $nown as the Domestic Adoption Act passed on (arch ,,,"445, wherein it was provided thatC EAdoption, being in the interest of the child, shall not be sub ect to rescission by the

85

adopter<s=. *owever the adopter<s= may disinherit the adoptee for causes provided in Article 4"4 of the 'ivil 'odeE <&ection "4=.

ISSUE1 -hether or not the sub ect adoption still be revo$ed or rescinded by an adopter after the effectivity of 6.A. No. 599,, and if in the affirmative, whether or not the adopterHs action prescribed. RULING1 NO. >urisdiction of the court is determined by the statute in force at the time of the commencement of the action. The controversy should be resolved in the light of the law governing at the time the petition was filed. In this case, it was months after the effectivity of 6A 599, that !ahom filed an action to revo$e the decree of adoption granted in "4@,. +y then the new law had already abrogated and repealed the right of the adopter under the 'ivil 'ode and the family 'ode to rescind a decree of adoption. &o the rescission of the adoption decree, having been initiated by !ahom after 6A 599, had come into force, could no longer be pursued. +esides, even before the passage of 6A599,, an action to set aside the adoption is sub ect to the five year bar rule under 6ule "88 of the 6ules of 'ourt and that the adopter would lose the right to revo$e the adoption decree after the lapse of that period. The e/ercise of the right within a prescriptive period is a condition that could not fulfill the re0uirements of a vested right entitled to protection. 6ights are considered vested when the right to the en oyment is a present interest, absolute, unconditional and perfect or fi/ed and irrefutable. The concept of a Evested rightE is a conse0uence of the constitutional guarantee of due process that e/presses a present fi/ed interest which in right reason and natural ustice is protected against arbitrary state action. -hile adoption has often been referred to in the conte/t of a ErightE, it is not naturally innate or fundamental but rather a right merely created by statute. It is more of a privilege that is governed by the state.s determination on what it may deem to be for the best interest and welfare of the child. (atters relating to adoption, including the withdrawal of the right of the adopter to nullify the adoption decree, are sub ect to &tate regulation. 'oncomitantly, a right of action given by a statute may be ta$en away at any time before it has been e/ercised. +ut an adopter, while barred from severing the legal ties of adoption, can always for valid reasons cause the forfeiture of certain benefits otherwise accruing to an undeserving child, li$e denying him his legitime, and by will and testament, may e/pressly e/clude him from having a share in the disposable portion of his estate.

REPUBLIC OF T/E P/ILIPPINES .s. /ONORABLE RODOLFO TOLEDANO

86

G.R. N#. JB@BD G)!e A+ @JJB FACTS1 On 1ebruary ,", "448 Alvin 'louse, a natural born citi;en of America and his wife 3velyn A 'lause, 1ilipino at birth who later became a natural citi;en of the :nited &tates petition to adopt &olomon >oseph Alcala. On >une ,8, "448 the udge decree said 1ilipino minor be their child by adoption. 6epublic of the Philippines, the petitioner here, appealed that the lower court erred in granting the petition for adoption for the spouses are not 0ualified to adopt under the Philippine !aw. ISSUE1 -hether or not the spouses Alvin and 3velyn 'louse being an alien are dis0ualified to adopt under the Philippine law. RULING1 B3&. The spouses are dis0ualified to adopt the 1ilipino child &olomon. Article "57, paragraph <2= of 3/ecutive Order No. ,84 e/pressly enumerates the persons who are not 0ualified to adopt, vi;C An alien, e/ceptC <a=A former 1ilipino citi;en who see$s to adopt a relative by consanguinityD <b=One who see$s to adopt the legitimate child of his or her 1ilipino spouseD or <c=One who is married to a 1ilipino citi;en and see$s to adopt ointly the later. Aliens not included in the foregoing e/ceptions may adopt 1ilipino children in accordance with the rules on inter?country adoption as may be provided by law. Alvin 'lause is not 0ualified being a natural born citi;en of the :nited &tates of America. On the other hand 3velyn 'louse may seem to be 0ualified on Article "57, however adoption cannot be granted in her favor alone for the 1amily 'ode re0uires that the husband and wife must ointly adopt as stated on Article "59.

REPUBLIC OF T/E P/ILIPPINES /ON. CONCEPCION S. ALARCON VERGARA+ ET AL. G.R. N#. JIII@ <a"ch 2=+ @JJD FACTS1

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&pouses &amuel 6. Dye, >r. and 6osalina Due Dye filed a petition before the 6egional Trial 'ourt of Angeles 'ity " to adopt (aricel 6. Due and Alvin 6. Due, ages "2 and ", years old, respectively, younger siblings of 6osalina. &amuel 6. Dye, >r. a member of the :nited &tates Air 1orce, is an American citi;en who resided at the 'lar$ Air +ase in Pampanga. *is wife 6osalina is a former 1ilipino who became a naturali;ed American. They have two children. +oth (aricel and Alvin Due, as well as their natural parents, gave their consent to the adoption. After trial, the lower court rendered its decision on &eptember "8, "448 granting the petition and declaring Alvin and (aricel to be the children of the spouses Dye by adoption. 6espondent 6egional Trial 'ourt disregarded the si/teen?year age gap re0uirement of the law, the spouses being only fifteen years and three months and fifteen years and nine months older than (aricel Due, on the ground that a literal implementation of the law would defeat the very philosophy behind adoption statutes, namely, to promote the welfare of a child. The court also found that the petitioning spouses are mentally and physically fit to adopt, possess good moral character, sufficient financial capability and love and affection for the intended adoptees. ISSUE1 -hether or not spouses Dye are 0ualified to adopt (aricel and Alvin. RULING1 NO. As a general rule, aliens cannot adopt 1ilipino citi;ens as this is proscribed under Article "57 of the 1amily 'ode e/cept for the 2 instances provided therein. &amuel 6obert Dye, >r. who is an American and, therefore, an alien is dis0ualified from adopting the minors (aricel and Alvin Due because he does not fall under any of the three e/ceptions laid down by the law. *e is not a former 1ilipino citi;en who see$s to adopt a relative by consanguinity. Nor does he see$ to adopt his wife.s legitimate child. Although he see$s to adopt with his wife her relatives by consanguinity, he is not married to a 1ilipino citi;en, for 6osalina was already a naturali;ed American at the time the petition was filed, thus e/cluding him from the coverage of the e/ception. The law here does not provide for an alien who is married to a former 1ilipino citi;en see$ing to adopt ointly with his or her spouse a relative by consanguinity, as an e/ception to the general rule that aliens may not adopt. On her own, 6osalina Dye cannot adopt her brother and sister for the law mandates oint adoption by husband and wife, sub ect to e/ceptions. Article ,4 of Presidential Decree No. A82 <'hild and Bouth -elfare 'ode= retained the 'ivil 'ode provision 7 that husband and wife may ointly adopt. The 1amily 'ode amended this rule by scrapping the optional character of oint adoption and ma$ing it now mandatory.

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REPUBLIC OF T/E P/ILIPPINES .s. COURT OF APPEALS a!& FENAIDA C. BOBILES G.R. N#. J2?2> Ga!)a", 2B+ @JJ2 FACTS1 Qenaida 'orte;a +obiles filed a petition to adopt >ason 'ondat who had been living with her family since 7 months old. &alvador 'ondat, father of the child, and the social wor$er assigned was served with copies of the order finding that the petition was sufficient in form and substance. The copy was also posted on the bulletin board of the court. Nobody appeared to oppose the petition. The udgment declared that surname of the child be changed to #+obiles%. ISSUE1 -ON the petition to adopt >ason should be granted considering only Qenaida filed the petition. /ELD1 B3&. The petition for adoption was filed when the law applicable was PD A82 <'hild and Bouth -elfare 'ode=, where such petition may be filed either of the spouses or both of them. After the trial court rendered its favorable decision and while the case was pending on appeal in 'A, 1amily 'ode too$ effect where oint adoption of both spouses is mandatory. Non? oinder is not a ground for the dismissal of an action or a special proceeding. The 1amily 'ode will have retrospective application if it will not pre udice or impair vested rights. -hen Qenaida filed the petition, she was e/ercising her e/plicit and unconditional right under said law in force at the time and thus vested and must not be pre udiced. A petition must not be dismissed by reason of failure to comply with law not yet in force and effect at the time. 1urthermore, the affidavit of consent attached by the husband showed that he actually oined his wife in adopting >ayson. *is declarations and subse0uent confirmatory testimony in open court was sufficient to ma$e him a co? petitioner. 1uture of an innocent child must not be compromised by arbitrary insistence of rigid adherence to procedural rules on the form of the pleadings.

IN T/E <ATTER OF T/E ADOPTION OF STEP/ANIE NAT/; ASTORGA GARCIA G.R. N#. @BA?@@. <a"ch ?@+ 2==I FACTS1

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*onorato 'atindig filed a petition to adopt his minor illegitimate child &tephanie Nathy Astorga )arcia. *e alleged therein, among others, that &tephanie was born on >une ,A, "447 and that her mother is )emma Astorga )arciaD that &tephanie has been using her motherHs middle name and surnameD and that he is now a widower and 0ualified to be her adopting parent. *e prayed that &tephaniesHs middle name Astorga be changed to #)arcia,% her motherHs surname, and her surname #)arcia% be changed to #'atindig,% his surname. ISSUE1 (ay an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her middle nameP RULING1 B3&. 1irst, it is necessary to preserve and maintain &tephanieHs filiation with her natural mother because under Article "54 of the 1amily 'ode, she remains to be an intestate heir of the latter. Thus, to prevent any confusion and needless hardship in the future, her relationship or proof of that relationship with her natural mother should be maintained. &econd, there is no law e/pressly prohibiting &tephanie to use the surname of her natural mother as her middle name. -hat the law does not prohibit, it allows. !ast, it is customary for every 1ilipino to have a middle name, which is ordinarily the surname of the mother. This custom has been recogni;ed by the 'ivil 'ode and 1amily 'ode. In fact, the 1amily !aw 'ommittees agreed that Ethe initial or surname of the mother should immediately precede the surname of the father so that the second name, if any, will be before the surname of the mother.E REPUBLIC OF T/E P/ILIPPINES .s. /ON. GOSE R. /ERNANDEF G.R. N#. @@D2=J Feb")a", J+ @JJ> FATCS1 6espondent spouses, Fan (unson y Navarro and 6egina (unson y Andrade, filed a p petition to adopt the minor Revin 3arl +artolome (oran, duly alleging therein the urisdictional facts re0uired by 6ule 44 of the 6ules of 'ourt for adoption, their 0ualifications as and fitness to be adoptive parents, as well as the circumstances under and by reason of which the adoption of the aforenamed minor was sought. In the very same petition, private respondents prayed for the change of the first name or said minor adoptee to Aaron >oseph, the same being the name with which he was bapti;ed in $eeping with religious tradition and by which he has been called by his adoptive family, relatives and friends since (ay A, "442 when he arrived at private respondents. residence

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At the hearing on April "5, "447, petitioner opposed the inclusion of the relief for change of name in the same petition for adoption. In its formal opposition dated (ay 2, "449, 7 petitioner reiterated its ob ection to the oinder of the petition for adoption and the petitions for change of name in a single proceeding, arguing that these petition should be conducted and pursued as two separate proceedings. The trial court ruled in favor of respondents. ISSUE -hether or not the court a 0uo erred in granting the prayer for the change of the registered proper or given name of the minor adoptee embodied in the petition for adoption. RULING1 NO. 'learly, the law allows the adoptee, as a matter of right and obligation, to bear the surname of the adopter, upon issuance of the decree of adoption. It is the change of the adoptee.s surname to follow that of the adopter which is the natural and necessary conse0uence of a grant of adoption and must specifically be contained in the order of the court, in fact, even if not prayed for by petitioner. *owever, the given or proper name, also $nown as the first or 'hristian name, of the adoptee must remain as it was originally registered in the civil register. The creation of an adoptive relationship does not confer upon the adopter a license to change the adoptee.s registered 'hristian or first name. The automatic change thereof, premised solely upon the adoption thus granted, is beyond the purview of a decree of adoption. Neither is it a mere incident in nor an ad unct of an adoption proceeding, such that a prayer therefor furtively inserted in a petition for adoption, as in this case, cannot properly be granted.

REPUBLIC OF T/E P/ILIPPINES .s. T/E COURT OF APPEALS+ GAI<E B. CARANTO G.R. N#. @=?>JI <a"ch @I+ @JJ> FACTS1 Private respondents spouses >aime +. 'aranto and Qenaida P. 'aranto filed a petition for the adoption of (idael '. (a;on, then fifteen years old, who had been living with private respondent >aime +. 'aranto since he was seven years old. -hen private respondents were married on >anuary "4, "45A, the minor (idael '. (a;on stayed with them under their care and custody and also prayed for the correction of the name of the child from E(idaelE to E(ichael.E The &olicitor )eneral opposed the petition insofar as the correction of name is concerned. ISSUE1 -hether the change of name from #(idael% to #(ichael% was proper.

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RULING1 NO. The trial court was clearly in error in holding 6ule "85 to be applicable only to the correction of errors concerning the civil status of persons. 6ule "85, S, plainly statesC 52. Entries subject to cancellation or correction. 6 !"on good and valid grounds, the #ollo$ing entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal se"aration; (e) judgments o# annulments o# marriage; (#) judgments declaring marriages void #rom the beginning; (g) legitimations; (h) ado"tions; (i) ackno$ledgments o# natural children; (j) naturali%ation; (k) election, loss or recovery o# citi%enshi"; (l) civil interdiction; (m) judicial determination o# #iliation (n) voluntary emanci"ation o# a minor; and (o) changes o# name. This case falls under letter E<o=,E referring to Echanges of name.E Indeed, it has been the uniform ruling of this 'ourt that Art. 7", of the 'ivil 'ode K to implement which 6ule "85 was inserted in the 6ules of 'ourt in "4A7 covers Ethose harmless and innocuous changes, such as correction of a name that is clearly misspelled.E 7 Thus, in Bu v. 6epublic 9 it was held that Eto change E&incioE to E&encioE which merely involves the substitution of the first vowel EiE in the first name into the vowel EeE amounts merely to the righting of a clerical error.E In !abayo?6owe v. 6epublic A it was held that Ethe change of petitioner.s name from +eatri; !abayoG+eatri; !abayu to 3mperatri; !abayo is a mere innocuous alteration wherein a summary proceeding is appropriate.E 6ule "85 thus applies to the present proceeding. Now S2 of this 6ule providesC 52 Parties. 6 7hen cancellation or correction o# an entry in the civil register is sought, the civil registrar and all "ersons $ho have or claim any interest $hich $ould be a##ected thereby shall be made "arties to the "roceeding. The local civil registrar is thus re0uired to be made a party to the proceeding. *e is an indispensable party, without whom no final determination of the case can be had. As he was not impleaded in this case much less given notice of the proceeding, the decision of the trial court, insofar as it granted the prayer for the correction of entry, is void. The absence of an indispensable party in a case renders ineffectual all the proceedings subse0uent to the filing of the complaint including the udgment. Nor was notice of the petition for correction of entry published as re0uired by 6ule "85, S7 which readsC

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51. 8otice and "ublication. 6 !"on #iling o# the "etition, the court shall, by an order, #i9 the time and "lace #or the hearing o# the same, and cause reasonable notice thereo# to be given to the "ersons named in the "etition. &he court shall also cause the order to be "ublished once a $eek #or three (2) consecutive $eeks in a ne$s"a"er o# general circulation in the "rovince. -hile there was notice given by publication in this case, it was notice of the petition for adoption made in compliance with 6ule 44, S7. In that notice only the prayer for adoption of the minor was stated. Nothing was mentioned that in addition the correction of his name in the civil registry was also being sought. The local civil registrar was thus deprived of notice and, conse0uently, of the opportunity to be heard. The necessary conse0uence of the failure to implead the civil registrar as an indispensable party and to give notice by publication of the petition for correction of entry was to render the proceeding of the trial court, so far as the correction of entry was concerned, null and void for lac$ of urisdiction both as to party and as to the sub ect matter.

LANDINGIN VS. REPUBLIC GR N#. @>BJBA+ G)!e 2D+ 2==> FACTS1 Diwata 6amos !andingin, a :& citi;en of 1ilipino parentage filed a petition for the adoption of 2 minors, natural children of (anuel 6amos, the formerHs brother, and Amelia 6amos. &he alleged in her petition that when her brother died, the children were left to their paternal grandmother for their biological mother went to Italy, re?married there and now has , children by her second marriage and no longer communicates from the time she left up to the institution of the adoption. After the paternal grandmother passed away, the minors were being supported by the petitioner and her children abroad and gave their written consent for their adoption. A &ocial -or$er of the D&-D submitted a 6eport recommending for the adoption and narrated that Amelia, the biological mother was consulted with the adoption plan and after weighing the benefits of adoption to her children, she voluntarily consented. *owever, petitioner failed to present the said social wor$er as witness and offer in evidence the voluntary consent of Amelia 6amos to the adoption. Petitioner also failed to present any documentary evidence to prove that Amelia assent to the adoption. ISSUE1
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-hether or not a petition for adoption be granted without the written consent of the adopteeHs biological mother. RULING1 NO. &ection 4, par <b= of 6A 599,, provides that the consent of the biological parent<s= of the child, if $nown is necessary to the adoption. The written consent of the legal guardian will suffice if the written consent of the biological parents cannot be obtained. The general re0uirement 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. The written consent of the biological parents is indispensable for the validity of the decree of adoption. Indeed, the natural right of a parent to his child re0uires that his consent must be obtained before his parental rights and duties may be terminated and re? establish in adoptive parents. In this case, petitioner failed to submit the written consent of Amelia 6amos to the adoption. (oreover, abandonment means neglect and refusal to perform the filial and legal obligations of love and support. (erely permitting the child to remain for a time undisturbed in the care of others is not such abandonment. To dispense with the re0uirements of consent, the abandonment must be shown to have e/isted at the time of adoption.

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