Cang vs Court of Appeals

296 SCRA 128

Petitioner Herbert Cang and Anna Marie Clavano, who were married, begot three
children. During the early years of their marriage, the Cang couple's relationship
was undisturbed.
No t l o n g t h e re a ft e r , h o w e v e r , A n n a M a r i e l e a rn e d o f h e r husband's
alleged extramarital affair. Anna Marie subsequently fi led a petition for legal
separation, which was granted. They had an agreement for support of the
children, and that Anna Marie can enter into agreements without the written
consent of Herbert. Petitioner then left for the United States.
M e a n w h i l e , t h e b ro t h e r a n d s i s t e r- i n - l a w o f A n n a Marie filed for the
adoption of the 3 minor children of the Cang. Upon learning of the adoption, Herbert
went back to the Philippines to contest it, but the petition for adoption was
already granted by the court.
Issue:
C a n m i n o r c h i l d re n b e l e g a l l y a d o p t e d w i t h o u t t h e written consent of a
natural parent on the ground that the latter has abandoned them?
Held:
A r t i c l e 2 5 6 o f t h e Fa m i l y C o d e p r o v i d e s f o r i t s retroactivity "insofar
as it does not prejudice or impair the vested
or a c q u i re d r i g h t s i n a c c o rd a n c e w i t h t h e C i v i l C o d e o r o t h e r laws." As
amended by the Family Code, the statutory provision
o n c o n s e n t f o r a d o p t i o n n o w re a d s : A r t . 1 8 8 T h e w r i t t e n consent of the
parents by nature of the child, the legal guardian, or the proper government
instrumentality shall be necessary in legal adoption.
Based on the foregoing, it is, thus, evident that
n o t w i t h s t a n d i n g t h e a m e n d m e n t s t o t h e l a w , t h e w r i t t e n consent of
the natural parent to the adoption has remained a requisite for its validity. As
clearly inferred from the foregoing provisions of law, the written consent of the
natural parent is indispensable for the validity of the decree of adoption.
Nevertheless, such requirement of written consent can be dispensed with if
the parent has abandoned the child or that such parent is "insane or hopelessly
intemperate."In the instant case, records disclose that petitioner's
conduct did not manifest a settled purpose to forego all
p a re n t a l d u t i e s a n d re l i n q u i s h a l l p a re n t a l c l a i m s o v e r h i s children as
to, constitute abandonment. Physical estrangement alone, without financial and

moral desertion, is not tantamount

to abandonment. While admittedly, petitioner was physically absent as he
was then in the United States, he was not missing his natural and legal obligations
of love, care and support for his children. He maintained regular
communication with his wife and children through letters and telephone as
well as sent packages by mail and catered to their whims.