SPECIAL PROCEEDINGS Mar 20 Assignment Page 1 of 35

V. TRUSTEES Section 4. Proceedings where trustee appointed abroad. — When land

in the Philippines is held in trust for persons resident here by a trustee

 who derives his authority from without the Philippines, such trustee
-> RULE 98, RULES OF COURT
shall, on petition filed in the Court of First Instance of the province
where the land is situated, and after due notice to all persons
RULE 98
interested, be ordered to apply to the court for appointment as trustee;
and upon his neglect or refusal to comply with such order, the court
Trustees
shall declare such trust vacant, and shall appoint a new trustee in
whom the trust estate shall vest in like manner as if he had been
originally appointed by such court.

Section 1. Where trustee appointed. — A trustee necessary to carry

into effect the provisions of a will on written instrument shall be
appointed by the Court of First Instance in which the will was allowed,
if it be a will allowed in the Philippines, otherwise by the Court of First
Instance of the province in which the property, or some portion thereof,
affected by the trust is situated.
court, payable to the Government of the Philippines and sufficient and
Section 2. Appointment and powers of trustees under will. Executor of
former trustee need not administer trust. — If a testator has omitted in
his will to appoint a trustee in the Philippines, and if such appointment
is necessary to carry into effect the provisions of the will, the proper
Court of First Instance may, after notice to all persons interested,
appoint a trustee who shall have the same rights, powers, and duties,
Section 5. Trustee must file bond. — Before entering on the duties of
his trust, a trustee shall file with the clerk of the court having
jurisdiction of the trust a bond in the amount fixed by the judge of said
available for the protection of any party in interest, and a trustee who
neglects to file such bond shall be considered to have declined or
resigned the trust; but the court may until further order exempt a
trustee under a will from giving a bond when the testator has directed
or requested such exemption and may so exempt any trustee when all
persons beneficially interested in the trust, being of full age, request
the exemption. Such exemption may be cancelled by the court at any
time and the trustee required to forthwith file a bond.

and in whom the estate shall vest, as if he had been appointed by the
testator. No person succeeding to a trust as executor or administrator
of a former trustee shall be required to accept such trust.
Section 6. Conditions included in bond. — The following conditions
shall be deemed to be part of the bond whether written therein or not;

Section 3. Appointment and powers of new trustee under written

(a) That the trustee will make and return to the court, at such time as it
instrument. — When a trustee under a written instrument declines, may order, a true inventory of all the real and personal estate belonging
resigns, dies or removed before the objects of the trust are to him as trustee, which at the time of the making of such inventory
accomplished, and no adequate provision is made in such instrument shall have come to his possession or knowledge;

for supplying the vacancy, the proper Court of First Instance may, after
due notice to all persons interested, appoint a new trustee to act alone
or jointly with the others, as the case may be. Such new trustee shall
have and exercise the same powers, right, and duties as if he had
been originally appointed, and the trust estate shall vest in him in like
manner as it had vested or would have vested, in the trustee in whose
(b) That he will manage and dispose of all such estate, and faithfully
discharge his trust in relation thereto, according to law and the will of
the testator or the provisions of the instrument or order under which he
is appointed;

place he is substituted and the court may order such conveyance to

be made by the former trustee or his representatives, or by the other (c) That he will render upon oath at least once a year until his trust is
remaining trustees, as may be necessary or proper to vest the trust fulfilled, unless he is excused therefrom in any year by the court, a true
estate in the new trustee, either or jointly with the others.
account of the property in his hands and the management and
SPECIAL PROCEEDINGS Mar 20 Assignment Page 2 of 35
disposition thereof, and will render such other accounts as the court
may order;

(d) That at the expiration of his trust he will settle his account in court
and pay over and deliver all the estate remaining in his hands, or due
from him on such settlement, to the person or persons entitled to
thereto.


-> ARTICLES 1440, 1443, 1444, 1445, and 1446, CIVIL CODE

But when the trustee is appointed as a successor to a prior trustee, the Article 1440. A person who establishes a trust is called the trustor;
court may dispense with the making and return of an inventory, if one one in whom confidence is reposed as regards property for the
has already been filed, and in such case the condition of the bond shall benefit of another person is known as the trustee; and the person
be deemed to be altered accordingly.
for whose benefit the trust has been created is referred to as the
beneficiary.
Section 7. Appraisal. Compensation of trustee. — When an inventory
is required to be returned by a trustee, the estate and effects Article 1443.  No express trusts concerning an immovable or any
belonging to the trust shall be appraised and the court may order one interest therein may be proved by parol evidence.

or more inheritance tax appraisers to assist in the appraisement. The

compensation of the trustee shall be fixed by the court, if it be not Article 1444.  No particular words are required for the creation of an
determined in the instrument creating the trust.
express trust, it being sufficient that a trust is clearly intended.

Section 8. Removal or resignation of trustee. — The proper Court of Article 1445. No trust shall fail because the trustee appointed declines
First Instance may, upon petition of the parties beneficially interested the designation, unless the contrary should appear in the instrument
and after due notice to the trustee and hearing, remove a trustee if constituting the trust.

such removal appears essential in the interest of the petitioner. The

court may also, after due notice to all persons interested, remove a
trustee who is insane or otherwise incapable of discharging his trust or Article 1446.  Acceptance by the beneficiary is necessary.
evidently unsuitable therefor. A trustee, whether appointed by the court Nevertheless, if the trust imposes no onerous condition upon the
or under a written instrument, may resign his trust if it appears to the beneficiary, his acceptance shall be presumed, if there is no proof to
court proper to allow such resignation.
the contrary.

Section 9. Proceedings for sale or encumbrance of trust estate. —

When the sale or encumbrance of any real or personal estate held in
trust is necessary or expedient, the court having jurisdiction of the trust
may, on petition and after due notice and hearing, order such sale or
encumbrance to be made, and the re-investment and application of A. CONCEPT OF TRUSTEESHIP

the proceeds thereof in such manner as will best effect the objects of B. COMPARE AND CONTRAST THE ROLE OF A TRUSTEE WITH
the trust. The petition, notice, hearing, order of sale or encumbrance, THAT OF A GUARDIAN, AND AN ADMINISTRATOR OR EXECUTOR

and record of proceedings, shall conform as nearly as may be to the
provisions concerning the sale or imcumbrance by guardians of the
property of minors or other wards.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 3 of 35

CASE: SOCIAL SECURITY SYSTEM, petitioner, vs. COMMISSION adopted, or is the spouse of the legitimate parent of the person to be
ON AUDIT, respondent. [G.R. No. 149240. July 11, 2002.]
 adopted. (27a, EO 91 and PD 603)

Art. 184. The following persons may not adopt:

(1) The guardian with respect to the ward prior to the approval of the
final accounts rendered upon the termination of their guardianship
relation;

(2) Any person who has been convicted of a crime involving moral
turpitude;

(3) An alien, except:

(a) A former Filipino citizen who seeks to adopt a relative by

consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino
spouse; or




 (c) One who is married to a Filipino citizen and seeks to adopt jointly
VI. ADOPTION with his or her spouse a relative by consanguinity of the latter.


 Aliens not included in the foregoing exceptions may adopt Filipino

-> ARTICLES 183-193, FAMILY CODE OF THE PHILIPPINES
children in accordance with the rules on inter-country adoptions as
may be provided by law. (28a, EO 91 and PD 603)

TITLE VII

ADOPTION
Art. 185. Husband and wife must jointly adopt, except in the following
cases:

Art. 183. A person of age and in possession of full civil capacity and
legal rights may adopt, provided he is in a position to support and care (1) When one spouse seeks to adopt his own illegitimate child; or

for his children, legitimate or illegitimate, in keeping with the means of

the family.
(2) When one spouse seeks to adopt the legitimate child of the other.
(29a, EO 91 and PD 603)

Only minors may be adopted, except in the cases when the adoption
of a person of majority age is allowed in this Title.
Art. 186. In case husband and wife jointly adopt or one spouse adopts
the legitimate child of the other, joint parental authority shall be
In addition, the adopter must be at least sixteen years older than the exercised by the spouses in accordance with this Code. (29a, EO and
person to be adopted, unless the adopter is the parent by nature of the PD 603)

SPECIAL PROCEEDINGS Mar 20 Assignment Page 4 of 35

Art. 187. The following may not be adopted:
adopter is the spouse of the parent by nature of the adopted, parental
authority over the adopted shall be exercised jointly by both spouses;
(1) A person of legal age, unless he or she is a child by nature of the and

adopter or his or her spouse, or, prior to the adoption, said person has
been consistently considered and treated by the adopter as his or her (3) The adopted shall remain an intestate heir of his parents and other
own child during minority.
blood relatives. (39(1)a, (3)a, PD 603)

(2) An alien with whose government the Republic of the Philippines has Art. 190. Legal or intestate succession to the estate of the adopted
no diplomatic relations; and
shall be governed by the following rules:

(3) A person who has already been adopted unless such adoption has (1) Legitimate and illegitimate children and descendants and the
been previously revoked or rescinded. (30a, EO 91 and PD 603)
surviving spouse of the adopted shall inherit from the adopted, in
accordance with the ordinary rules of legal or intestate succession;

Art. 188. The written consent of the following to the adoption shall be
necessary:
(2) When the parents, legitimate or illegitimate, or the legitimate
ascendants of the adopted concur with the adopter, they shall divide
(1) The person to be adopted, if ten years of age or over,
the entire estate, one-half to be inherited by the parents or ascendants
and the other half, by the adopters;

(2) The parents by nature of the child, the legal guardian, or the proper
government instrumentality;
(3) When the surviving spouse or the illegitimate children of the
adopted concur with the adopters, they shall divide the entire estate in
(3) The legitimate and adopted children, ten years of age or over, of the equal shares, one-half to be inherited by the spouse or the illegitimate
adopting parent or parents;
children of the adopted and the other half, by the adopters.

(4) The illegitimate children, ten years of age or over, of the adopting
parent, if living with said parent and the latter's spouse, if any; and
surviving spouse of the adopted, they shall divide the entire estate in
(4) When the adopters concur with the illegitimate children and the
equal shares, one-third to be inherited by the illegitimate children, one-
third by the surviving spouse, and one-third by the adopters;

(5) The spouse, if any, of the person adopting or to be adopted. (31a,

EO 91 and PD 603)

(5) When only the adopters survive, they shall inherit the entire estate;
and

Art. 189. Adoption shall have the following effects:

(6) When only collateral blood relatives of the adopted survive, then the
(1) For civil purposes, the adopted shall be deemed to be a legitimate
ordinary rules of legal or intestate succession shall apply. (39(4)a, PD
child of the adopters and both shall acquire the reciprocal rights and
603)

obligations arising from the relationship of parent and child, including

the right of the adopted to use the surname of the adopters;

Art. 191. If the adopted is a minor or otherwise incapacitated, the

adoption may be judicially rescinded upon petition of any person
(2) The parental authority of the parents by nature over the adopted
authorized by the court or proper government instrumental acting on
shall terminate and be vested in the adopters, except that if the
his behalf, on the same grounds prescribed for loss or suspension of
SPECIAL PROCEEDINGS Mar 20 Assignment
parental authority. If the adopted is at least eighteen years of age, he
may petition for judicial rescission of the adoption on the same
grounds prescribed for disinheriting an ascendant. (40a, PD 603)
Art. 192. The adopters may petition the court for the judicial rescission
of the adoption in any of the following cases:
Section 1. Applicability of the Rule.— This Rule covers the domestic
(1) If the adopted has committed any act constituting ground for
disinheriting a descendant; or
(2) When 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. (41a, PD 603)
Art. 193. If the adopted minor has not reached the age of majority at
the time of the judicial rescission of the adoption, the court in the same
proceeding shall reinstate the parental authority of the parents by
nature, unless the latter are disqualified 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.
through foster care or adoption for every child who is a foundling,
Judicial rescission of the adoption shall extinguish all reciprocal rights
and obligations between the adopters and the adopted arising from
the relationship of parent and child. The adopted shall likewise lose the
right to use the surnames of the adopters and shall resume his
surname prior to the adoption.
such efforts prove insufficient and no appropriate placement or
The court shall accordingly order the amendment of the records in the
proper registries. (42a, PD 603)
Page 5 of 35


-> AM NO. 02-6-02-SC
A. Domestic Adoption
adoption of Filipino children.
Section 2. Objectives.—
(a) The best interests of the child shall be the paramount consideration
in all matters relating to his care, custody and adoption, in accordance
with Philippine laws, the United Nations (UN) Convention on the Rights
of the Child, UN Declaration on Social and Legal Principles Relating to
the Protection and Welfare of Children with Special Reference to
Foster Placement and Adoption, Nationally and Internationally, and the
Hague Convention on the Protection of Children and Cooperation in
Respect of Inter-country Adoption.
(b) The State shall provide alternative protection and assistance
neglected, orphaned, or abandoned. To this end, the State shall:
(i) Ensure that every child remains under the care and custody of his
parents and is provided with love, care, understanding and security for
the full and harmonious development of his personality. Only when
adoption within the child’s extended family is available shall adoption
by an unrelated person be considered.
(ii) Safeguard the biological parents from making hasty decisions in
relinquishing their parental authority over their child;
(iii) Prevent the child from unnecessary separation from his biological
parents;
(iv) conduct public information and educational campaigns to promote
a positive environment for adoption;

SPECIAL PROCEEDINGS Mar 20 Assignment Page 6 of 35

(v) ensure that government and private sector agencies have the repeated neglect and abuse; or incompetence to discharge parental
capacity to handle adoption inquiries, process domestic adoption responsibilities.

applications and offer adoption-related services including, but not

limited to, parent preparation and post-adoption education and (e) “Foundling” refers to a deserted or abandoned infant or child whose
counseling;
parents, guardian or relatives are unknown; or a child committed to an
orphanage or charitable or similar institution with unknown facts of
(vi) encourage domestic adoption so as to preserve the child’s identity birth and parentage and registered in the Civil Register as a
and culture in his native land, and only when this is not available shall “foundling.”

inter-country adoption be considered as a last resort; and

(f) “Abandoned child” refers to one who has no proper parental care or
(vii) protect adoptive parents from attempts to disturb their parental guardianship or whose parents have deserted him for a period of at
authority and custody over their adopted child.
least six (6) continuous months and has been judicially declared as
such.

Any voluntary or involuntary termination of parental authority shall be

administratively or judicially declared so as to establish the status of (g) “Dependent child” refers to one who is without a parent, guardian
the child as “legally available for adoption” and his custody transferred or custodian or one whose parents, guardian or other custodian for
to the Department of Social Welfare and Development or to any duly good cause desires to be relieved of his care and custody and is
licensed and accredited child-placing or child-caring agency, which dependent upon the public for support.

entity shall be authorized to take steps for the permanent placement of

the child.
(h) “Neglected child” is one whose basic needs have been deliberately
not attended to or inadequately attended to, physically or emotionally,
by his parents or guardian.

Section 3. Definition of Terms.— For purposes of this Rule:

(i) “Physical neglect” occurs when the child is malnourished, ill-clad
and without proper shelter.

(a) “Child” is a person below eighteen (18) years of age at the time of
the filing of the petition for adoption.
(j) “Emotional neglect” exists when a child is raped, seduced,
maltreated, exploited, overworked or made to work under conditions
(b) “A child legally available for adoption” refers to a child who has not conducive to good health or made to beg in the streets or public
been voluntarily or involuntarily committed to the Department or to a places, or placed in moral danger, or exposed to drugs, alcohol,
duly licensed and accredited child-placing or child-caring agency, gambling, prostitution and other vices.

freed of the parental authority of his biological parents, or in case of

rescission of adoption, his guardian or adopter(s).
(k) “Child-placement agency” refers to an agency duly licensed and
accredited by the Department to provide comprehensive child welfare
(c) “Voluntarily committed child” is one whose parents knowingly and services including, but not limited to, receiving applications for
willingly relinquish parental authority over him in favor of the adoption, evaluating the prospective adoptive parents and preparing
Department.
the adoption home study report.

(d) “Involuntarily committed child” is one whose parents, known or (l) “Child-caring agency” refers to an agency duly licensed and
unknown, have been permanently and judicially deprived of parental accredited by the Department that provides 24-hour residential care
authority over him due to abandonment; substantial, continuous or
SPECIAL PROCEEDINGS Mar 20 Assignment Page 7 of 35
services for abandoned, orphaned, neglected or voluntarily committed (u) “Pre-Adoption Services” refer to psycho-social services provided
children.
by professionally-trained social workers of the Department, the social
services units of local governments, private and government health
(m) “Department” refers to the Department of Social Welfare and facilities, Family Courts, licensed and accredited child-caring and
Development.
child-placement agencies and other individuals or entities involved in
adoption as authorized by the Department.

(n) “Deed of Voluntary Commitment” refers to the written and notarized

instrument relinquishing parental authority and committing the child to
the care and custody of the Department executed by the child’s
biological parents or in their absence, mental incapacity or death, by
the child’s legal guardian, to be witnessed by an authorized
representative of the Department after counseling and other services
have been made available to encourage the biological parents to keep
(v) “Residence” means a person’s actual stay in the Philippines for
three (3) continuous years immediately prior to the filing of a petition
for adoption and which is maintained until the adoption decree is
entered. Temporary absences for professional, business, health, or
emergency reasons not exceeding sixty (60) days in one (1) year does
not break the continuity requirement.

the child.

(w) “Alien” refers to any person, not a Filipino citizen, who enters and
(o) “Child Study Report” refers to a study made by the court social remains in the Philippines and is in possession of a valid passport or
worker of the child’s legal status, placement history, psychological, travel documents and visa.

social, spiritual, medical, ethno-cultural background and that of his

biological family needed in determining the most appropriate
placement for him.

Section 4. Who may adopt.— The following may adopt:

(p) “Home Study Report” refers to a study made by the court social
worker of the motivation and capacity of the prospective adoptive (1) Any Filipino citizen of legal age, in possession of full civil capacity
parents to provide a home that meets the needs of a child.
and legal rights, of good moral character, has not been convicted of
any crime involving moral turpitude; who is emotionally and
(q) “Supervised trial custody” refers to the period of time during which psychologically capable of caring for children, at least sixteen (16)
a social worker oversees the adjustment and emotional readiness of years older than the adoptee, and who is in a position to support and
both adopters and adoptee in stabilizing their filial relationship.
care for his children in keeping with the means of the family. The
requirement of a 16-year difference between the age of the adopter
(r) “Licensed Social Worker” refers to one who possesses a degree in and adoptee may be waived when the adopter is the biological parent
bachelor of science in social work as a minimum educational of the adoptee or is the spouse of the adoptee’s parent;

requirement and who has passed the government licensure

examination for social workers as required by Republic Act No. 4373.
(2) Any alien possessing the same qualifications as above-stated for
Filipino nationals: Provided, That his country has diplomatic relations
(s) “Simulation of birth” is the tampering of the civil registry to make it with the Republic of the Philippines, that he has been living in the
appear in the birth records that a certain child was born to a person Philippines for at least three (3) continuous years prior to the filing of
who is not his biological mother, thus causing such child to lose his the petition for adoption and maintains such residence until the
true identity and status.
adoption decree is entered, that he has been certified by his diplomatic
or consular office or any appropriate government agency to have the
(t) “Biological Parents” refer to the child’s mother and father by nature.
legal capacity to adopt in his country, and that his government allows
the adoptee to enter his country as his adopted child. Provided,
SPECIAL PROCEEDINGS Mar 20 Assignment Page 8 of 35
further, That the requirements on residency and certification of the (3) An illegitimate child, by a qualified adopter to raise the status of the
alien’s qualification to adopt in his country may be waived for the former to that of legitimacy;

following:

(4) A person of legal age regardless of civil status, if, prior to the
(i) a former Filipino citizen who seeks to adopt a relative within the adoption, said person has been consistently considered and treated by
fourth (4th) degree of consanguinity or affinity; or
the adopters as their own child since minority;

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; (5) A child whose adoption has been previously rescinded; or

or

(6) A child whose biological or adoptive parents have died: Provided,

(iii) one who is married to a Filipino citizen and seeks to adopt jointly That no proceedings shall be initiated within six (6) months from the
with his spouse a relative within the fourth (4th) degree of time of death of said parents.

consanguinity or affinity of the Filipino spouse.

(7) A child not otherwise disqualified by law or these rules.

(3) The guardian with respect to the ward after the termination of the
guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:
Section 6. Venue.— The petition for adoption shall be filed with the
Family Court of the province or city where the prospective adoptive
(i) if one spouse seeks to adopt the legitimate child of one spouse by parents reside.

the other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided,
however, That the other spouse has signified his consent thereto; or
Section 7. Contents of the Petition.— The petition shall be verified and
specifically state at the heading of the initiatory pleading whether the
(iii) if the spouses are legally separated from each other.
petition contains an application for change of name, rectification of
simulated birth, voluntary or involuntary commitment of children, or
In case husband and wife jointly adopt or one spouse adopts the declaration of child as abandoned, dependent or neglected.

illegitimate child of the other, joint parental authority shall be exercised

by the spouses.
(1) If the adopter is a Filipino citizen, the petition shall allege the
following:

(a) The jurisdictional facts;

Section 5. Who may be adopted.— The following may be adopted:

(b) That the petitioner is of legal age, in possession of full civil capacity
(1) Any person below eighteen (18) years of age who has been and legal rights; is of good moral character; has not been convicted of
voluntarily committed to the Department under Articles 154, 155 and any crime involving moral turpitude; is emotionally and psychologically
156 of P.D. No. 603 or judicially declared available for adoption;
capable of caring for children; is at least sixteen (16) years older than
the adoptee, unless the adopter is the biological parent of the adoptee
(2) The legitimate child of one spouse, by the other spouse;
or is the spouse of the adoptee’s parent; and is in a position to support
and care for his children in keeping with the means of the family and
SPECIAL PROCEEDINGS Mar 20 Assignment Page 9 of 35
has undergone pre-adoption services as required by Section 4 of (a) one spouse seeks to adopt the legitimate child of the other, or

Republic Act No. 8552.

(b) if one spouse seeks to adopt his own illegitimate child and the other
(2) If the adopter is an alien, the petition shall allege the following:
spouse signified written consent thereto, or

(a) The jurisdictional facts;

(c) if the spouses are legally separated from each other.

(b) Sub-paragraph 1(b) above;

(5) If the adoptee is a foundling, the petition shall allege the entries
which should appear in his birth certificate, such as name of child,
(c) That his country has diplomatic relations with the Republic of the date of birth, place of birth, if known; sex, name and citizenship of
Philippines;
adoptive mother and father, and the date and place of their marriage.

(d) That he has been certified by his diplomatic or consular office or (6) If the petition prays for a change of name, it shall also state the
any appropriate government agency to have the legal capacity to cause or reason for the change of name.

adopt in his country and his government allows the adoptee to enter
his country as his adopted child and reside there permanently as an In all petitions, it shall be alleged:

adopted child; and

(a) The first name, surname or names, age and residence of the
(e) That he has been living in the Philippines for at least three (3) adoptee as shown by his record of birth, baptismal or foundling
continuous years prior to the filing of the petition and he maintains certificate and school records.

such residence until the adoption decree is entered.

(b) That the adoptee is not disqualified by law to be adopted.

The requirements of certification of the alien’s qualification to adopt in

his country and of residency may be waived if the alien:
(c) The probable value and character of the estate of the adoptee.

(i) is a former Filipino citizen who seeks to adopt a relative within the (d) The first name, surname or names by which the adoptee is to be
fourth degree of consanguinity or affinity; or
known and registered in the Civil Registry.

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

A certification of non-forum shopping shall be included pursuant to
Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

(iii) is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth degree of consanguinity or affinity of
the Filipino spouse.

Section 8. Rectification of Simulated Birth.— In case the petition also

(3) If the adopter is the legal guardian of the adoptee, the petition shall seeks rectification of a simulated of birth, it shall allege that:

allege that guardianship had been terminated and the guardian had
cleared his financial accountabilities.
(a) Petitioner is applying for rectification of a simulated birth;

(4) If the adopter is married, the spouse shall be a co-petitioner for joint (b) The simulation of birth was made prior to the date of effectivity of
adoption except if:
Republic Act No. 8552 and the application for rectification of the birth
SPECIAL PROCEEDINGS Mar 20 Assignment Page 10 of 35
registration and the petition for adoption were filed within five years Section 11. Annexes to the Petition.— The following documents shall
from said date;
be attached to the petition:

(c) The petitioner made the simulation of birth for the best interests of A. Birth, baptismal or foundling certificate, as the case may be, and
the adoptee; and
school records showing the name, age and residence of the adoptee;

(d) The adoptee has been consistently considered and treated by B. Affidavit of consent of the following:

petitioner as his own child.

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

2. The biological parents of the child, if known, or the legal guardian, or

Section 9. Adoption of a foundling, an abandoned, dependent or the child-placement agency, child-caring agency, or the proper
neglected child.— In case the adoptee is a foundling, an abandoned, government instrumentality which has legal custody of the child;

dependent or neglected child, the petition shall allege:

3. The legitimate and adopted children of the adopter and of the

(a) The facts showing that the child is a foundling, abandoned, adoptee, if any, who are ten (10) years of age or over;

dependent or neglected;

4. The illegitimate children of the adopter living with him who are ten
(b) The names of the parents, if known, and their residence. If the child (10) years of age or over; and

has no known or living parents, then the name and residence of the
guardian, if any;
5. The spouse, if any, of the adopter or adoptee.

(c) The name of the duly licensed child-placement agency or individual C. Child study report on the adoptee and his biological parents;

under whose care the child is in custody; and

D. If the petitioner is an alien, certification by his diplomatic or consular

(d) That the Department, child-placement or child-caring agency is office or any appropriate government agency that he has the legal
authorized to give its consent.
capacity to adopt in his country and that his government allows the
adoptee to enter his country as his own adopted child unless
exempted under Section 4(2);

Section 10. Change of name.— In case the petition also prays for E. Home study report on the adopters. If the adopter is an alien or
change of name, the title or caption must contain:
residing abroad but qualified to adopt, the home study report by a
foreign adoption agency duly accredited by the Inter-Country Adoption
(a) The registered name of the child;
Board; and

(b) Aliases or other names by which the child has been known; and
F. Decree of annulment, nullity or legal separation of the adopter as
well as that of the biological parents of the adoptee, if any.

(c) The full name by which the child is to be known.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 11 of 35

Section 12. Order of Hearing.— If the petition and attachments are If a change in the name of the adoptee is prayed for in the petition,
sufficient in form and substance, the court shall issue an order which notice to the Solicitor General shall be mandatory.

shall contain the following:

(1) the registered name of the adoptee in the birth certificate and the
names by which the adoptee has been known which shall be stated in Section 13. Child and Home Study Reports.— In preparing the child
the caption;
study report on the adoptee, the concerned social worker shall verify
with the Civil Registry the real identity and registered name of the
(2) the purpose of the petition;
adoptee. If the birth of the adoptee was not registered with the Civil
Registry, it shall be the responsibility of the social worker to register the
(3) the complete name which the adoptee will use if the petition is adoptee and secure a certificate of foundling or late registration, as the
granted;
case may be.

(4) the date and place of hearing which shall be set within six (6) The social worker shall establish that the child is legally available for
months from the date of the issuance of the order and shall direct that adoption and the documents in support thereof are valid and
a copy thereof be published before the date of hearing at least once a authentic, that the adopter has sincere intentions and that the adoption
week for three successive weeks in a newspaper of general circulation shall inure to the best interests of the child.

in the province or city where the court is situated; Provided, that in

case of application for change of name, the date set for hearing shall In case the adopter is an alien, the home study report must show the
not be within four (4) months after the last publication of the notice nor legal capacity to adopt and that his government allows the adoptee to
within thirty (30) days prior to an election.
enter his country as his adopted child in the absence of the
certification required under Section 7(b) of Republic Act No. 8552.

The newspaper shall be selected by raffle under the supervision of the

Executive Judge.
If after the conduct of the case studies, the social worker finds that
there are grounds to deny the petition, he shall make the proper
(5) a directive to the social worker of the court, the social service office recommendation to the court, furnishing a copy thereof to the
of the local government unit or any child-placing or child-caring petitioner.

agency, or the Department to prepare and submit child and home

study reports before the hearing if such reports had not been attached
to the petition due to unavailability at the time of the filing of the latter;
and
Section 14. Hearing.— Upon satisfactory proof that the order of
hearing has been published and jurisdictional requirements have been
(6) a directive to the social worker of the court to conduct counseling complied with, the court shall proceed to hear the petition. The
sessions with the biological parents on the matter of adoption of the petitioner and the adoptee must personally appear and the former
adoptee and submit her report before the date of hearing.
must testify before the presiding judge of the court on the date set for
hearing.

At the discretion of the court, copies of the order of hearing shall also
be furnished the Office of the Solicitor General through the provincial The court shall verify from the social worker and determine whether the
or city prosecutor, the Department and the biological parents of the biological parent has been properly counseled against making hasty
adoptee, if known.
decisions caused by strain or anxiety to give up the child; ensure that
all measures to strengthen the family have been exhausted; and
SPECIAL PROCEEDINGS Mar 20 Assignment Page 12 of 35
ascertain if any prolonged stay of the child in his own home will be
inimical to his welfare and interest.

Section 16. Decree of Adoption.— If the supervised trial custody is

Section 15. Supervised Trial Custody.— Before issuance of the decree
of adoption, the court shall give the adopter trial custody of the
adoptee for a period of at least six (6) months within which the parties
satisfactory to the parties and the court is convinced from the trial
custody report and the evidence adduced that the adoption shall
redound to the best interests of the adoptee, a decree of adoption
shall be issued which shall take effect as of the date the original
petition was filed even if the petitioners die before its issuance.

are expected to adjust psychologically and emotionally to each other

and establish a bonding relationship. The trial custody shall be The decree shall:

monitored by the social worker of the court, the Department, or the

social service of the local government unit, or the child-placement or A. State the name by which the child is to be known and registered;

child-caring agency which submitted and prepared the case studies.

During said period, temporary parental authority shall be vested in the B. Order:

adopter.

1) the Clerk of Court to issue to the adopter a certificate of finality upon

The court may, motu proprio or upon motion of any party, reduce the expiration of the 15-day reglementary period within which to appeal;

period or exempt the parties if it finds that the same shall be for the
best interests of the adoptee, stating the reasons therefor.
2) the adopter to submit a certified true copy of the decree of adoption
and the certificate of finality to the Civil Registrar where the child was
An alien adopter however must complete the 6-month trial custody originally registered within thirty (30) days from receipt of the certificate
except the following:
of finality. In case of change of name, the decree shall be submitted to
the Civil Registrar where the court issuing the same is situated.

a) a former Filipino citizen who seeks to adopt a relative within the

fourth (4th) degree of consanguinity or affinity; or
3) the Civil Registrar of the place where the adoptee was registered:

b) one who seeks to adopt the legitimate child of his Filipino spouse; a. to annotate on the adoptee’s original certificate of birth the decree of
or
adoption within thirty (30) days from receipt of the certificate of finality;

c) one who is married to a Filipino citizen and seeks to adopt jointly b. to issue a certificate of birth which shall not bear any notation that it
with his or her spouse the latter’s relative within the fourth (4th) degree is a new or amended certificate and which shall show, among others,
of consanguinity or affinity.
the following: registry number, date of registration, name of child, sex,
date of birth, place of birth, name and citizenship of adoptive mother
If the child is below seven (7) years of age and is placed with the and father, and the date and place of their marriage, when applicable;

prospective adopter through a pre-adoption placement authority

issued by the Department, the court shall order that the prospective c. to seal the original certificate of birth in the civil registry records
adopter shall enjoy all the benefits to which the biological parent is which can be opened only upon order of the court which issued the
entitled from the date the adoptee is placed with him.
decree of adoption; and

The social worker shall submit to the court a report on the result of the
trial custody within two weeks after its termination.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 13 of 35

d. to submit to the court issuing the decree of adoption proof of The adoption may be rescinded based on any of the following grounds
compliance with all the foregoing within thirty days from receipt of the committed by the adopter:

decree.

1) repeated physical and verbal maltreatment by the adopter despite

If the adoptee is a foundling, the court shall order the Civil Registrar having undergone counseling;

where the foundling was registered, to annotate the decree of adoption

on the foundling certificate and a new birth certificate shall be ordered 2) attempt on the life of the adoptee;

prepared by the Civil Registrar in accordance with the decree.

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Section 17. Book of Adoptions.— The Clerk of Court shall keep a book
of adoptions showing the date of issuance of the decree in each case, Adoption, being in the best interests of the child, shall not be subject
compliance by the Civil Registrar with Section 16(B)(3) and all incidents to rescission by the adopter. However, the adopter may disinherit the
arising after the issuance of the decree.
adoptee for causes provided in Article 919 of the Civil Code.

Section 18. Confidential Nature of Proceedings and Records.— All Section 20. Venue.— The petition shall be filed with the Family Court of
hearings in adoption cases, after compliance with the jurisdictional the city or province where the adoptee resides.

requirements shall be confidential and shall not be open to the public.

All records, books and papers relating to the adoption cases in the files
of the court, the Department, or any other agency or institution
participating in the adoption proceedings shall be kept strictly Section 21. Time within which to file petition.— The adoptee, if
confidential.
incapacitated, must file the petition for rescission or revocation of
adoption within five (5) years after he reaches the age of majority, or if
If the court finds that the disclosure of the information to a third person he was incompetent at the time of the adoption, within five (5) years
is necessary for security reasons or for purposes connected with or after recovery from such incompetency.

arising out of the adoption and will be for the best interests of the
adoptee, the court may, upon proper motion, order the necessary
information to be released, restricting the purposes for which it may be
used.
Section 22. Order to Answer.— The court shall issue an order requiring
the adverse party to answer the petition within fifteen (15) days from
receipt of a copy thereof. The order and copy of the petition shall be
served on the adverse party in such manner as the court may direct.

Section 19. Rescission of Adoption of the Adoptee.— The petition shall

be verified and filed by the adoptee who is over eighteen (18) years of
age, or with the assistance of the Department, if he is a minor, or if he
is over eighteen (18) years of age but is incapacitated, by his guardian Section 23. Judgment.— If the court finds that the allegations of the
or counsel.
petition are true, it shall render judgment ordering the rescission of
adoption, with or without costs, as justice requires.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 14 of 35

The court shall order that the parental authority of the biological parent Section 26. Applicability.— The following sections apply to inter-
of the adoptee, if known, or the legal custody of the Department shall country adoption of Filipino children by foreign nationals and Filipino
be restored if the adoptee is still a minor or incapacitated and declare citizens permanently residing abroad.

that the reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished.

The court shall further declare that successional rights shall revert to Section 27. Objectives.— The State shall:

its status prior to adoption, as of the date of judgment of judicial

rescission. Vested rights acquired prior to judicial rescission shall be a) consider inter-country adoption as an alternative means of child
respected.
care, if the child cannot be placed in a foster or an adoptive family or
cannot, in any suitable manner, be cared for in the Philippines;

It shall also order the adoptee to use the name stated in his original
birth or foundling certificate.
b) ensure that the child subject of inter-country adoption enjoys the
same protection accorded to children in domestic adoption; and

The court shall further order the Civil Registrar where the adoption
decree was registered to cancel the new birth certificate of the c) take all measures to ensure that the placement arising therefrom
adoptee and reinstate his original birth or foundling certificate.
does not result in improper financial gain for those involved.

Section 24. Service of Judgment.— A certified true copy of the Section 28. Where to File Petition.— A verified petition to adopt a
judgment together with a certificate of finality issued by the Branch Filipino child may be filed by a foreign national or Filipino citizen
Clerk of the Court which rendered the decision in accordance with the permanently residing abroad with the Family Court having jurisdiction
preceding Section shall be served by the petitioner upon the Civil over the place where the child resides or may be found.

Registrar concerned within thirty (30) days from receipt of the

certificate of finality. The Civil Registrar shall forthwith enter the It may be filed directly with the Inter-Country Adoption Board.

rescission decree in the register and submit proof of compliance to the

court issuing the decree and the Clerk of Court within thirty (30) days
from receipt of the decree.

Section 29. Who may be adopted.— Only a child legally available for
The Clerk of Court shall enter the compliance in accordance with domestic adoption may be the subject of inter-country adoption.

Section 17 hereof.

Section 30. Contents of Petition.— The petitioner must allege:

Section 25. Repeal.— This supersedes Rule 99 on Adoption and Rule

100 of the Rules of Court.
a) his age and the age of the child to be adopted, showing that he is at
least twenty-seven (27) years of age and at least sixteen (16) years
older than the child to be adopted at the time of application, unless the
petitioner is the parent by nature of the child to be adopted or the
B. Inter-Country Adoption

SPECIAL PROCEEDINGS Mar 20 Assignment Page 15 of 35

spouse of such parent, in which case the age difference does not b) Marriage contract, if married, and, if applicable, the divorce decree,
apply;
or judgment dissolving the marriage;

b) if married, the name of the spouse who must be joined as co- c) Sworn statement of consent of petitioner’s biological or adopted
petitioner except when the adoptee is a legitimate child of his spouse;
children above ten (10) years of age;

c) that he has the capacity to act and assume all rights and d) Physical, medical and psychological evaluation of the petitioner
responsibilities of parental authority under his national laws, and has certified by a duly licensed physician and psychologist;

undergone the appropriate counseling from an accredited counselor in

his country;
e) Income tax returns or any authentic document showing the current
financial capability of the petitioner;

d) that he has not been convicted of a crime involving moral turpitude;

f) Police clearance of petitioner issued within six (6) months before the
e) that he is eligible to adopt under his national law;
filing of the petitioner;

f) that he can provide the proper care and support and instill the g) Character reference from the local church/minister, the petitioner’s
necessary moral values and example to all his children, including the employer and a member of the immediate community who have
child to be adopted;
known the petitioner for at least five (5) years;

g) that he agrees to uphold the basic rights of the child, as embodied h) Full body postcard-size pictures of the petitioner and his immediate
under Philippine laws and the U. N. Convention on the Rights of the family taken at least six (6) months before the filing of the petition.

Child, and to abide by the rules and regulations issued to implement

the provisions of Republic Act No. 8043;
Section 32. Duty of Court.— The court, after finding that the petition is
sufficient in form and substance and a proper case for inter-country
h) that he comes from a country with which the Philippines has adoption, shall immediately transmit the petition to the Inter-Country
diplomatic relations and whose government maintains a similarly Adoption Board for appropriate action.

authorized and accredited agency and that adoption of a Filipino child

is allowed under his national laws; and
Section 33. Effectivity.— This Rule shall take effect on August 22, 2002
following its publication in a newspaper of general circulation.

i) that he possesses all the qualifications and none of the

disqualifications provided in this Rule, in Republic Act No. 8043 and in
all other applicable Philippine laws.

Section 31. Annexes.— The petition for adoption shall contain the
following annexes written and officially translated in English:

a) Birth certificate of petitioner;

SPECIAL PROCEEDINGS Mar 20 Assignment Page 16 of 35

(b) The name, age and present whereabouts of the minor and his or her
relationship to the petitioner and the respondent;

(c) The material operative facts constituting deprivation of custody; and

(d) Such other matters which are relevant to the custody of the minor.

The verified petition shall be accompanied by a certificate against

forum shopping, which the petitioner must sign personally.

Section 5. Summons; personal service on respondent. - If the court

is satisfied that the petition is sufficient in form and substance, it shall
direct the clerk of court to issue summons, which shall be served
-> AM NO. 03-04-04-SC
together with a copy of the petition personally on the respondent.

RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS
 Section 6. Motion to Dismiss. - A motion to dismiss the petition is not
IN RELATION TO CUSTODY OF MINORS
allowed except on the ground of lack of jurisdiction over the subject
matter or over the parties. Any other ground that might warrant the
SECTION 1.  Applicability.  - This rule shall apply to petitions for dismissal of the petition may be raised as an affirmative defense in the
custody of minors and writs of habeas corpus in relation thereto.
answer.

The Rules of Court shall apply suppletorily.

Section 7.  Verified Answer.  - The respondent shall file an answer to
the petition, personally verified by him, within five days after service of
summons and a copy of the petition.

Section 2. Petition for custody of minors; who may file.- A verified

petition for the rightful custody of a minor may be filed by any person
claiming such right. The party against whom it may be filed shall be Section 8. Case study; duty of social worker. - Upon the filing of the
designated as the respondent.
verified answer or the expiration of the period to file it, the court may
order a social worker to make a case study of the minor and the
parties and to submit a report and recommendation to the court at
Section 3. Where to file petition. - The petition for custody of minors least three days before the scheduled pre-trial.

shall be filed with the Family Court of the province or city where the
petitioner resides or where the minor may be found.

Section 9.  Notice of mandatory pre-trial.  - Within fifteen days after

the filing of the answer or the expiration of the period to file answer, the
Section 4. Contents of petition. - The verified petition shall allege the court shall issue an order: (1) fixing a date for the pre-trial conference;
following:
(2) directing the parties to file and serve their respective pre-trial briefs
in such manner as shall ensure receipt thereof by the adverse party at
(a) The personal circumstances of the petitioner and of the respondent;
least three days before the date of pre-trial; and (3) requiring the
respondent to present the minor before the court.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 17 of 35

The notice of its order shall be served separately on both the parties Section 12.  What may be done at pre-trial.  - At the pre-trial, the
and their respective counsels. The pre-trial is mandatory.
parties may agree on the custody of the minor. If the parties fail to
agree, the court may refer the matter to a mediator who shall have five
Section 10.  Contents of pre-trial brief.  - The pre-trial brief shall days to effect an agreement between the parties. If the issue is not
contain the following:
settled through mediation, the court shall proceed with the pre-trial
conference, on which occasion it shall consider such other matters as
(a) A statement of the willingness of the parties to enter into may aid in the prompt disposition of the petition.

agreements that may be allowed by law, indicating its terms;

Section 13.  Provisional order awarding custody.  - After an answer

(b) A concise statement of their respective claims together with the has been filed or after expiration of the period to file it, the court may
applicable laws and authorities;
issue a provisional order awarding custody of the minor. As far as
practicable, the following order of preference shall be observed in the
(c) Admitted facts and proposed stipulations of facts;
award of custody:

(d) The disputed factual and legal issues;

(a) Both parents jointly;

(e) All the evidence to be presented, briefly stating or describing its (b) Either parent, taking into account all relevant considerations,
nature and purpose;
especially the choice of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit;

(f) The number and names of the witnesses and their respective
affidavits which shall serve as the affiant's testimony on direct (c) The grandparent, or if there are several grandparents, the
examination; and
grandparent chosen by the minor over seven years of age and of
sufficient discernment, unless the grandparent chosen is unfit or
disqualified;

(g) Such other matters as the court may require to be included in the
pre-trial brief.

(d) The eldest brother or sister over twenty-one years of age, unless he
or she is unfit or disqualified;

Failure to file the pre-trial brief or to comply with its required contents
shall have the same effect as failure to appear at the pre-trial.

(e) The actual custodian of the minor over twenty-one years of age,
unless the former is unfit or disqualified; or

Section 11.  Effect of failure to appear at the pre-trial.-(a) If the

petitioner fails to appear personally at the pre-trial, the case shall be
(f) Any other person or institution the court may deem suitable to
dismissed, unless his counsel or a duly authorized representative
provide proper care and guidance for the minor.

appears in court and proves a valid excuse for the non-appearance of

the petitioner.

Section 14.  Factors to consider in determining custody.  - In

(b) If the respondent has filed his answer but fails to appear at the pre- awarding custody, the court shall consider the best interests of the
trial, the petitioner shall be allowed to present his evidence ex parte. minor and shall give paramount consideration to his material and moral
The court shall then render judgment on the basis of the pleadings and welfare. The best interests of the minor refer to the totality of the
the evidence thus presented.
circumstances and conditions as are most congenial to the survival,
SPECIAL PROCEEDINGS Mar 20 Assignment Page 18 of 35
protection, and feelings of security of the minor encouraging to his the non-custodial parent or parents, unless the court finds said parent
physical, psychological and emotional development. It also means the or parents unfit or disqualified.

least detrimental available alternative for safeguarding the growth and

development of the minor.
The temporary custodian shall give the court and non custodial parent
or parents at least five days' notice of any plan to change the
The court shall also consider the following:
residence of the minor or take him out of his residence for more than
three days provided it does not prejudice the visitation rights of the
(a) Any extrajudicial agreement which the parties may have bound non-custodial parent or parents.

themselves to comply with respecting the rights of the minor to

maintain direct contact with the non custodial parent on a regular Section 16.  Hold Departure Order.  - The minor child subject of the
basis, except when there is an existing threat or danger of physical, petition shall not be brought out of the country without prior order from
mental, sexual or emotional violence which endangers the safety and the court while the petition is pending.

best interests of the minor;

The court, motu proprio or upon application under oath, may issue ex
(b) The desire and ability of one parent to foster an open and loving parte a hold departure order, addressed to the Bureau of Immigration
relationship between the minor and the other parent;
and Deportation, directing it not to allow the departure of the minor
from the Philippines without the permission of the court.

(c) The health, safety and welfare of the minor;

The Family Court issuing the hold departure order shall furnish the
(d) Any history of child or spousal abuse by the person seeking Department of Foreign Affairs and the Bureau of Immigration and
custody or who has had any filial relationship with the minor, including Deportation of the Department of Justice a copy of the hold departure
anyone courting the parent;
order within twenty-four hours from its issuance and through the
fastest available means of transmittal.

(e) The nature and frequency of contact with both parents;

The hold departure order shall contain the following information:

(f) Habitual use of alcohol, dangerous drugs or regulated substances;

(a) The complete name (including the middle name), the date and place
(g) Marital misconduct;
of birth, the nationality and the place of last residence of the person
against whom a hold departure order has been issued or whose
(h) The most suitable physical, emotional, spiritual, psychological and departure from the country has been enjoined;

educational environment for the holistic development and growth of

the minor; and
(b) The complete title and docket number of the case in which the hold
departure order was issued;

(i) The preference of the minor over seven years of age and of sufficient
discernment, unless the parent chosen is unfit.
(c) The specific nature of the case;

Section 15.  Temporary visitation rights.  - The court shall provide in (d) The date of the hold departure order; and

its order awarding provisional custody appropriate visitation rights to

SPECIAL PROCEEDINGS Mar 20 Assignment Page 19 of 35
(e) A recent photograph, if available, of the party against whom a hold grandparent of the minor, or his oldest brother or sister, or any
departure order has been issued or whose departure from the country reputable person to take charge of such minor, or commit him to any
has been enjoined.
suitable home for children.

The court may recall the hold departure order motu proprio, or upon In its judgment, the court may order either or both parents to give an
verified motion of any of the parties after summary hearing, subject to amount necessary for the support, maintenance and education of the
such terms and conditions as may be necessary for the best interests minor, irrespective of who may be its custodian. In determining the
of the minor.
amount of support, the court may consider the following factors: (1)
the financial resources of the custodial and non-custodial parent and
Section 17.  Protection Order.  - The court may issue a Protection those of the minor; (2) the physical and emotional health, special
Order requiring any person:
needs, and aptitude of the minor; (3) the standard of living the minor
has been accustomed to; and (4) the non-monetary contributions that
(a) To stay away from the home, school, business, or place of the parents would make toward the care and well-being of the minor.

employment of the minor, other parent or any other party, or from any
other specific place designated by the court;
The court may also issue any order that is just and reasonable
permitting the parent who is deprived of the care and custody of the
(b) To cease and desist from harassing, intimidating, or threatening minor to visit or have temporary custody.

such minor or the other parent or any person to whom custody of the
minor is awarded;
Section 19.  Appeal.  - No appeal from the decision shall be allowed
unless the appellant has filed a motion for reconsideration or new trial
(c) To refrain from acts of commission or omission that create an within fifteen days from notice of judgment.

unreasonable risk to the health, safety, or welfare of the minor;

An aggrieved party may appeal from the decision by filing a Notice of

(d) To permit a parent, or a party entitled to visitation by a court order Appeal within fifteen days from notice of the denial of the motion for
or a separation agreement, to visit the minor at stated periods;
reconsideration or new trial and serving a copy thereof on the adverse
parties.

(e) To permit a designated party to enter the residence during a

specified period of time in order to take personal belongings not Section 20.  Petition for writ of habeas corpus.  - A verified petition
contested in a proceeding pending with the Family Court; and
for a writ of habeas corpus involving custody of minors shall be filed
with the Family Court. The writ shall be enforceable within its judicial
(f) To comply with such other orders as are necessary for the protection region to which the Family Court belongs.

of the minor.

However, the petition may be filed with the regular court in the absence
of the presiding judge of the Family Court, provided, however, that the
Section 18.  Judgment.  - After trial, the court shall render judgment
regular court shall refer the case to the Family Court as soon as its
awarding the custody of the minor to the proper party considering the
presiding judge returns to duty.

best interests of the minor.

The petition may also be filed with the appropriate regular courts in
If it appears that both parties are unfit to have the care and custody of
places where there are no Family Courts.

the minor, the court may designate either the paternal or maternal
SPECIAL PROCEEDINGS Mar 20 Assignment Page 20 of 35
The writ issued by the Family Court or the regular court shall be Section 1.  Short Title.  – This Act shall be known as the "Domestic
enforceable in the judicial region where they belong.
Adoption Act of 1998."

The petition may likewise be filed with the Supreme Court, Court of Section 2.  Declaration of Policies.  – (a) It is hereby declared the
Appeals, or with any of its members and, if so granted, the writ shall be policy of the State to ensure that every child remains under the care
enforceable anywhere in the Philippines. The writ may be made and custody of his/her parent(s) and be provided with love, care,
returnable to a Family Court or to any regular court within the region understanding and security towards the full and harmonious
where the petitioner resides or where the minor may be found for development of his/her personality. Only when such efforts prove
hearing and decision on the merits.
insufficient and no appropriate placement or adoption within the
child's extended family is available shall adoption by an unrelated
Upon return of the writ, the court shall decide the issue on custody of person be considered.

minors. The appellate court, or the member thereof, issuing the writ
shall be furnished a copy of the decision.
(b) In all matters relating to the care, custody and adoption of a child,
his/her interest shall be the paramount consideration in accordance
Section 21.  Confidentiality of proceedings.  - The hearings on with the tenets set forth in the United Nations (UN) Convention on the
custody of minors may, at the discretion of the court, be closed to the Rights of the Child; UN Declaration on Social and Legal Principles
public and the records of the case shall not be released to non-parties Relating to the Protection and Welfare of Children with Special
without its approval.
Reference to Foster Placement and Adoption, Nationally and
Internationally; and the Hague Convention on the Protection of
Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 Children and Cooperation in Respect of Intercountry Adoption. Toward
following its publication in a newspaper of general circulation not later this end, the State shall provide alternative protection and assistance
than April 30, 2003.
through foster care or adoption for every child who is neglected,
orphaned, or abandoned.

(c) It shall also be a State policy to:



-> REPUBLIC ACT NO. 8552 - DOMESTIC ADOPTION ACT OF 1998
(i) Safeguard the biological parent(s) from making hurried decisions to
relinquish his/her parental authority over his/her child;

AN ACT ESTABLISHING THE RULES AND POLICIES ON THE

DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER (ii) Prevent the child from unnecessary separation from his/her
PURPOSES
biological parent(s);

Be it enacted by the Senate and House of Representatives of the (iii) Protect adoptive parent(s) from attempts to disturb his/her parental
authority and custody over his/her adopted child.

Philippines in Congress assembled::

Any voluntary or involuntary termination of parental authority shall be

ARTICLE I 
 administratively or judicially declared so as to establish the status of
GENERAL PROVISIONS
the child as "legally available for adoption" and his/her custody
transferred to the Department of Social Welfare and Development or to
any duly licensed and accredited child-placing or child-caring agency,
SPECIAL PROCEEDINGS Mar 20 Assignment Page 21 of 35
which entity shall be authorized to take steps for the permanent (f)  "Supervised trial custody"  is a period of time within which a social
placement of the child;
worker oversees the adjustment and emotional readiness of both
adopter(s) and adoptee in stabilizing their filial relationship.

(iv) Conduct public information and educational campaigns to promote

a positive environment for adoption;
(g)  "Department"  refers to the Department of Social Welfare and
Development.

(v) Ensure that sufficient capacity exists within government and private
sector agencies to handle adoption inquiries, process domestic (h) "Child-placing agency" is a duly licensed and accredited agency by
adoption applications, and offer adoption-related services including, the Department to provide comprehensive child welfare services
but not limited to, parent preparation and post-adoption education and including, but not limited to, receiving applications for adoption,
counseling; and
evaluating the prospective adoptive parents, and preparing the
adoption home study.

(vi) Encourage domestic adoption so as to preserve the child's identity

and culture in his/her native land, and only when this is not available (i)  "Child-caring agency"  is a duly licensed and accredited agency by
shall intercountry adoption be considered as a last resort.
the Department that provides twenty four (24)-hour residential care
services for abandoned, orphaned, neglected, or voluntarily committed
Section 3.  Definition of Terms.  – For purposes of this Act, the children.

following terms shall be defined as:

(j)  "Simulation of birth"  is the tampering of the civil registry making it

(a) "Child" is a person below eighteen (18) years of age.
appear in the birth records that a certain child was born to a person
who is not his/her biological mother, causing such child to lose his/her
(b)  "A child legally available for adoption"  refers to a child who has true identity and status.

been voluntarily or involuntarily committed to the Department or to a

duly licensed and accredited child-placing or child-caring agency, ARTICLE II 

freed of the parental authority of his/her biological parent(s) or guardian PRE-ADOPTION SERVICES

or adopter(s) in case of rescission of adoption.

Section 4.  Counseling Service.  – The Department shall provide the

(c) "Voluntarily committed child" is one whose parent(s) knowingly and services of licensed social workers to the following:

willingly relinquishes parental authority to the Department.

(a) Biological Parent(s) – Counseling shall be provided to the parent(s)

(d)  "Involuntarily committed child"  is one whose parent(s), known or
unknown, has been permanently and judicially deprived of parental
authority due to abandonment; substantial, continuous, or repeated
neglect; abuse; or incompetence to discharge parental responsibilities.
reconsider any decision to relinquish his/her child for adoption before
(e) "Abandoned child" refers to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of
before and after the birth of his/her child. No binding commitment to
an adoption plan shall be permitted before the birth of his/her child. A
period of six (6) months shall be allowed for the biological parent(s) to
the decision becomes irrevocable. Counseling and rehabilitation
services shall also be offered to the biological parent(s) after he/she
has relinquished his/her child for adoption.

at least six (6) continuous months and has been judicially declared as
such.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 22 of 35

Steps shall be taken by the Department to ensure that no hurried (b) Any alien possessing the same qualifications as above stated for
decisions are made and all alternatives for the child's future and the Filipino nationals:  Provided, That his/her country has diplomatic
implications of each alternative have been provided.
relations with the Republic of the Philippines, that he/she has been
living in the Philippines for at least three (3) continuous years prior to
(b)  Prospective Adoptive Parent(s)  – Counseling sessions, adoption the filing of the application for adoption and maintains such residence
fora and seminars, among others, shall be provided to prospective until the adoption decree is entered, that he/she has been certified by
adoptive parent(s) to resolve possible adoption issues and to prepare his/her diplomatic or consular office or any appropriate government
him/her for effective parenting.
agency that he/she has the legal capacity to adopt in his/her country,
and that his/her government allows the adoptee to enter his/her
(c)  Prospective Adoptee –  Counseling sessions shall be provided to country as his/her adopted son/daughter:  Provided, Further,  That the
ensure that he/she understands the nature and effects of adoption and requirements on residency and certification of the alien's qualification
is able to express his/her views on adoption in accordance with his/her to adopt in his/her country may be waived for the following:

age and level of maturity.

(i) a former Filipino citizen who seeks to adopt a relative within the
Section 5.  Location of Unknown Parent(s).  – It shall be the duty of fourth (4th) degree of consanguinity or affinity; or

the Department or the child-placing or child-caring agency which has

custody of the child to exert all efforts to locate his/her unknown (ii) one who seeks to adopt the legitimate son/daughter of his/her
biological parent(s). If such efforts fail, the child shall be registered as a Filipino spouse; or

foundling and subsequently be the subject of legal proceedings where

he/she shall be declared abandoned.
(iii) one who is married to a Filipino citizen and seeks to adopt jointly
with his/her spouse a relative within the fourth (4th) degree of
Section 6. Support Services. – The Department shall develop a pre- consanguinity or affinity of the Filipino spouse; or

adoption program which shall include, among others, the above

mentioned services.
(c) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.

ARTICLE III 

ELIGIBILITY
Husband and wife shall jointly adopt, except in the following cases:

Section 7. Who May Adopt. – The following may adopt:

(i) if one spouse seeks to adopt the legitimate son/daughter of the
other; or

(a) Any Filipino citizen of legal age, in possession of full civil capacity
and legal rights, of good moral character, has not been convicted of (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter:
any crime involving moral turpitude, emotionally and psychologically Provided, However, that the other spouse has signified his/her consent
capable of caring for children, at least sixteen (16) years older than the thereto; or

adoptee, and who is in a position to support and care for his/her

children in keeping with the means of the family. The requirement of (iii) if the spouses are legally separated from each other.

sixteen (16) 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 parent;

SPECIAL PROCEEDINGS Mar 20 Assignment Page 23 of 35

In case husband and wife jointly adopt, or one spouse adopts the (d) The illegitimate sons/daughters, ten (10) years of age or over, of the
illegitimate son/daughter of the other, joint parental authority shall be adopter if living with said adopter and the latter's spouse, if any; and

exercised by the spouses.

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

Section 8. Who May Be Adopted. – The following may be adopted:

ARTICLE IV 

(a) Any person below eighteen (18) years of age who has been PROCEDURE

administratively or judicially declared available for adoption;

Section 10. Hurried Decisions. – In all proceedings for adoption, the

(b) The legitimate son/daughter of one spouse by the other spouse;
court shall require proof that the biological parent(s) has been properly
counseled to prevent him/her from making hurried decisions caused
(c) An illegitimate son/daughter by a qualified adopter to improve his/ by strain or anxiety to give up the child, and to sustain that all
her status to that of legitimacy;
measures to strengthen the family have been exhausted and that any
prolonged stay of the child in his/her own home will be inimical to his/
(d) A person of legal age if, prior to the adoption, said person has been her welfare and interest.

consistently considered and treated by the adopter(s) as his/her own

child since minority;
Section 11.  Case Study.  – No petition for adoption shall be set for
hearing unless a licensed social worker of the Department, the social
(e) A child whose adoption has been previously rescinded; or
service office of the local government unit, or any child-placing or
child-caring agency has made a case study of the adoptee, his/her
( f ) A c h i l d w h o s e b i o l o g i c a l o r a d o p t i v e p a re n t ( s ) h a s biological parent(s), as well as the adopter(s), and has submitted the
died:  Provided,  That no proceedings shall be initiated within six (6) report and recommendations on the matter to the court hearing such
months from the time of death of said parent(s).
petition.

Section 9.  Whose Consent is Necessary to the Adoption.  – After At the time of preparation of the adoptee's case study, the concerned
being properly counseled and informed of his/her right to give or social worker shall confirm with the Civil Registry the real identity and
withhold his/her approval of the adoption, the written consent of the registered name of the adoptee. If the birth of the adoptee was not
following to the adoption is hereby required:
registered with the Civil Registry, it shall be the responsibility of the
concerned social worker to ensure that the adoptee is registered.

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

The case study on the adoptee shall establish that he/she is legally
available for adoption and that the documents to support this fact are
(b) The biological parent(s) of the child, if known, or the legal guardian, valid and authentic. Further, the case study of the adopter(s) shall
or the proper government instrumentality which has legal custody of ascertain his/her genuine intentions and that the adoption is in the best
the child;
interest of the child.

(c) The legitimate and adopted sons/daughters, ten (10) years of age or The Department shall intervene on behalf of the adoptee if it finds,
over, of the adopter(s) and adoptee, if any;
after the conduct of the case studies, that the petition should be
denied. The case studies and other relevant documents and records
SPECIAL PROCEEDINGS Mar 20 Assignment Page 24 of 35
pertaining to the adoptee and the adoption shall be preserved by the amended birth certificate in its place and shall be sealed in the civil
Department.
registry records. The new birth certificate to be issued to the adoptee
shall not bear any notation that it is an amended issue.

Section 12. Supervised Trial Custody. – No petition for adoption shall

be finally granted until the adopter(s) has been given by the court a Section 15. Confidential Nature of Proceedings and Records. – All
supervised trial custody period for at least six (6) months within which hearings in adoption cases shall be confidential and shall not be open
the parties are expected to adjust psychologically and emotionally to to the public. All records, books, and papers relating to the adoption
each other and establish a bonding relationship. During said period, cases in the files of the court, the Department, or any other agency or
temporary parental authority shall be vested in the adopter(s).
institution participating in the adoption proceedings shall be kept
strictly confidential.

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, If the court finds that the disclosure of the information to a third person
stating the reasons for the reduction of the period. However, for alien is necessary for purposes connected with or arising out of the
adopter(s), he/she must complete the six (6)-month trial custody adoption and will be for the best interest of the adoptee, the court may
except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
merit the necessary information to be released, restricting the
purposes for which it may be used.

If the child is below seven (7) years of age and is placed with the
prospective adopter(s) through a pre-adoption placement authority ARTICLE V 

issued by the Department, the prospective adopter(s) shall enjoy all the EFFECTS OF ADOPTION

benefits to which biological parent(s) is entitled from the date the

adoptee is placed with the prospective adopter(s).
Section 16.  Parental Authority.  – Except in cases where the
biological parent is the spouse of the adopter, all legal ties between the
Section 13. Decree of Adoption. – If, after the publication of the order biological parent(s) and the adoptee shall be severed and the same
of hearing has been complied with, and no opposition has been shall then be vested on the adopter(s).

interposed to the petition, and after consideration of the case studies,

the qualifications of the adopter(s), trial custody report and the
evidence submitted, the court is convinced that the petitioners are
qualified to adopt, and that the adoption would redound to the best
interest of the adoptee, a decree of adoption shall be entered which
shall be effective as of the date the original petition was filed. This
provision shall also apply in case the petitioner(s) dies before the
Section 17.  Legitimacy.  –  The adoptee shall be considered the
legitimate son/daughter 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 sons/daughters born to them without discrimination of
any kind. To this end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family.

issuance of the decree of adoption to protect the interest of the

adoptee. The decree shall state the name by which the child is to be
known.
Section 18.  Succession.  – In legal and intestate succession, the
adopter(s) and the adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if the adoptee and
Section 14.  Civil Registry Record.  – An amended certificate of birth his/her biological parent(s) had left a will, the law on testamentary
shall be issued by the Civil Registry, as required by the Rules of Court, succession shall govern.

attesting to the fact that the adoptee is the child of the adopter(s) by
being registered with his/her surname. The original certificate of birth
shall be stamped "cancelled" with the annotation of the issuance of an
SPECIAL PROCEEDINGS Mar 20 Assignment Page 25 of 35
ARTICLE VI 
 years and/or a fine not less than Fifty thousand pesos (P50,000.00),
RESCISSION OF ADOPTION
but not more than Two hundred thousand pesos (P200,000.00) at the
discretion of the court shall be imposed on any person who shall
Section 19. Grounds for Rescission of Adoption. – Upon petition of commit any of the following acts:

the adoptee, with the assistance of the Department if a minor or if over

eighteen (18) years of age but is incapacitated, as guardian/counsel, (i) obtaining consent for an adoption through coercion, undue
the adoption may be rescinded on any of the following grounds influence, fraud, improper material inducement, or other similar acts;

committed by the adopter(s): (a) repeated physical and verbal

maltreatment by the adopter(s) despite having undergone counseling; (ii) non-compliance with the procedures and safeguards provided by
(b) attempt on the life of the adoptee; (c) sexual assault or violence; or the law for adoption; or

(d) abandonment and failure to comply with parental obligations.

(iii) subjecting or exposing the child to be adopted to danger, abuse, or

Adoption, being in the best interest of the child, shall not be subject to exploitation.

rescission by the adopter(s). However, the adopter(s) may disinherit the

adoptee for causes provided in Article 919 of the Civil Code.
(b) Any person who shall cause the fictitious registration of the birth of
a child under the name(s) of a person(s) who is not his/her biological
Section 20.  Effects of Rescission.  – If the petition is granted, the parent(s) shall be guilty of simulation of birth, and shall be punished by
parental authority of the adoptee's biological parent(s), if known, or the prision mayor in its medium period and a fine not exceeding Fifty
legal custody of the Department shall be restored if the adoptee is still thousand pesos (P50,000.00).

a minor or incapacitated. The reciprocal rights and obligations of the

adopter(s) and the adoptee to each other shall be extinguished.
Any physician or nurse or hospital personnel who, in violation of his/
her oath of office, shall cooperate in the execution of the
The court shall order the Civil Registrar to cancel the amended abovementioned crime shall suffer the penalties herein prescribed and
certificate of birth of the adoptee and restore his/her original birth also the penalty of permanent disqualification.

certificate.

Any person who shall violate established regulations relating to the

Succession rights shall revert to its status prior to adoption, but only confidentiality and integrity of records, documents, and
as of the date of judgment of judicial rescission. Vested rights acquired communications of adoption applications, cases, and processes shall
prior to judicial rescission shall be respected.
suffer the penalty of imprisonment ranging from one (1) year and one
(1) day to two (2) years, and/or a fine of not less than Five thousand
All the foregoing effects of rescission of adoption shall be without pesos (P5,000.00) but not more than Ten thousand pesos
prejudice to the penalties imposable under the Penal Code if the (P10,000.00), at the discretion of the court.

criminal acts are properly proven.

A penalty lower by two (2) degrees than that prescribed for the
ARTICLE VII 
 consummated offense under this Article shall be imposed upon the
principals of the attempt to commit any of the acts herein enumerated.
VIOLATIONS AND PENALTIES

Acts punishable under this Article, when committed by a syndicate or

where it involves two (2) or more children shall be considered as an
Section 21.  Violations and Penalties.  –  (a) The penalty of offense constituting child trafficking and shall merit the penalty
imprisonment ranging from six (6) years and one (1) day to twelve (12) of reclusion perpetua.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 26 of 35

Acts punishable under this Article are deemed committed by a prospective adopter(s) so as to facilitate their matching; (b) maintain a
syndicate if carried out by a group of three (3) or more persons nationwide information and educational campaign on domestic
conspiring and/or confederating with one another in carrying out any of adoption; (c) keep records of adoption proceedings; (d) generate
the unlawful acts defined under this Article. Penalties as are herein resources to help child-caring and child-placing agencies and foster
provided, shall be in addition to any other penalties which may be homes maintain viability; and (e) do policy research in collaboration
imposed for the same acts punishable under other laws, ordinances, with the Intercountry Adoption Board and other concerned agencies.
executive orders, and proclamations.
The office shall be manned by adoption experts from the public and
private sectors.

When the offender is an alien, he/she shall be deported immediately

after service of sentence and perpetually excluded from entry to the Section 24.  Implementing Rules and Regulations.  – Within six (6)
country.
months from the promulgation of this Act, the Department, with the
Council for the Welfare of Children, the Office of Civil Registry General,
Any government official, employee or functionary who shall be found the Department of Justice, Office of the Solicitor General, and two (2)
guilty of violating any of the provisions of this Act, or who shall private individuals representing child-placing and child-caring agencies
conspire with private individuals shall, in addition to the above- shall formulate the necessary guidelines to make the provisions of this
prescribed penalties, be penalized in accordance with existing civil Act operative.

service laws, rules and regulations: Provided, That upon the filing of a

case, either administrative or criminal, said government official, Section 25. Appropriations. – Such sum as may be necessary for the
employee, or functionary concerned shall automatically suffer implementation of the provisions of this Act shall be included in the
suspension until the resolution of the case.
General Appropriations Act of the year following its enactment into law
and thereafter.

Section 22.  Rectification of Simulated Births.  – A person who has,

prior to the effectivity of this Act, simulated the birth of a child shall not Section 26.  Repealing Clause.  – Any law, presidential decree or
be punished for such act:  Provided, That the simulation of birth was issuance, executive order, letter of instruction, administrative order,
made for the best interest of the child and that he/she has been rule, or regulation contrary to, or inconsistent with the provisions of this
consistently considered and treated by that person as his/her own son/ Act is hereby repealed, modified, or amended accordingly.

daughter:  Provided, further,  That the application for correction of the

birth registration and petition for adoption shall be filed within five (5) Section 27. Separability Clause. – If any provision of this Act is held
years from the effectivity of this Act and completed invalid or unconstitutional, the other provisions not affected thereby
thereafter:  Provided, finally,  That such person complies with the shall remain valid and subsisting.

procedure as specified in Article IV of this Act and other requirements

as determined by the Department.
Section 28. Effectivity Clause. – This Act shall take effect fifteen (15)
days following its complete publication in any newspaper of general
ARTICLE VIII 
 circulation or in the Official Gazette.

FINAL PROVISIONS

Approved: February 25, 1998

Section 23. Adoption Resource and Referral Office. – There shall be

established an Adoption Resources and Referral Office under the
Department with the following functions: (a) monitor the existence,
number, and flow of children legally available for adoption and
SPECIAL PROCEEDINGS Mar 20 Assignment Page 27 of 35

 Development of the Republic of the Philippines.

-> REPUBLIC ACT NO. 8043 - INTER-COUNTRY ADOPTION ACT OF     (d) Secretary refers to the Secretary of the Department of Social
1995
Welfare and Development.

    (e) Authorized and accredited agency refers to the State welfare
The Inter-Country Adoption Act of 1995
agency or a licensed adoption agency in the country of the adopting
Files:  parents which provide comprehensive social services and which is
duly recognized by the Department.


    (f) Legally-free child means a child who has been voluntarily or
Republic Act 8043
involuntarily committed to the Department, in accordance with the
"AN ACT ESTABLISHING THE RULES TO GOVERN INTER- Child and Youth Welfare Code.

COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER     (g) Matching refers to the judicious pairing of the adoptive child and
PURPOSES"
the applicant to promote a mutually satisfying parent-child relationship.

    (h) Board refers to the Inter-country Adoption Board.

Section 1. Short Title. — This Act shall be known as the "Inter-

Country Adoption Act of 1995."
ARTICLE II

THE INTER-COUNTRY ADOPTION BOARD

Sec. 4. The Inter-Country Adoption Board. — There is hereby
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the
created the Inter-Country Adoption Board, hereinafter referred to as
State to provide every neglected and abandoned child with a family
the Board to act as the central authority in matters relating to inter-
that will provide such child with love and care as well as opportunities
country adoption. It shall act as the policy-making body for purposes
for growth and development. Towards this end, efforts shall be exerted
of carrying out the provisions of this Act, in consultation and
to place the child with an adoptive family in the Philippines. However,
coordination with the Department, the different child-care and
recognizing that inter-country adoption may be considered as allowing
placement agencies, adoptive agencies, as well as non-governmental
aliens not presently allowed by law to adopt Filipino children if such
organizations engaged in child-care and placement activities. As such,
children cannot be adopted by qualified Filipino citizens or aliens, the
it shall:

State shall take measures to ensure that inter-country adoptions are

allowed when the same shall prove beneficial to the child's best
interests, and shall serve and protect his/her fundamental rights. 
    (a) Protect the Filipino child from abuse, exploitation, trafficking and/
or sale or any other practice in connection with adoption which is
harmful, detrimental, or prejudicial to the child;

Sec. 3. Definition of Terms. — As used in this Act. the term:
    (b) Collect, maintain, and preserve confidential information about the
child and the adoptive parents;

    (a) Inter-country adoption refers to the socio-legal process of     (c) Monitor, follow up, and facilitate completion of adoption of the
adopting a Filipino child by a foreigner or a Filipino citizen permanently child through authorized and accredited agency;

residing abroad where the petition is filed, the supervised trial custody     (d) Prevent improper financial or other gain in connection with an
is undertaken, and the decree of adoption is issued outside the adoption and deter improper practices contrary to this Act;

Philippines.
     (e) Promote the development of adoption services including post-
    (b) Child means a person below fifteen (15) years of age unless legal adoption;

sooner emancipated by law.
     (f) License and accredit child-caring/placement agencies and
collaborate with them in the placement of Filipino children;

    (c) Department refers to the Department of Social Welfare and
SPECIAL PROCEEDINGS Mar 20 Assignment Page 28 of 35
    (g) Accredit and authorize foreign adoption agency in the placement legal adoption services,

of Filipino children in their own country; and
     (i) to accredit and authorize foreign private adoption agencies which
    (h) Cancel the license to operate and blacklist the child-caring and have demonstrated professionalism, competence and have
placement agency or adoptive agency involved from the accreditation consistently pursued non-profit objectives to engage in the placement
list of the Board upon a finding of violation of any provision under this of Filipino children in their own country: Provided, That such foreign
Act.
private agencies are duly authorized and accredited by their own
government to conduct inter-country adoption: Provided, however,
That the total number of authorized and accredited foreign private
Sec. 5. Composition of the Board. — The Board shall be composed adoption agencies shall not exceed one hundred (100) a year;

of the Secretary of the Department as ex officio Chairman, and six (6)     (j) to take appropriate measures to ensure confidentiality of the
other members to be appointed by the President for a nonrenewable records of the child, the natural parents and the adoptive parents at all
term of six (6) years: Provided, That there shall be appointed one (1) times;

psychiatrist or psychologist, two (2) lawyers who shall have at least the     (k) to prepare, review or modify, and thereafter, recommend to the
qualifications of a regional trial court judge, one (1) registered social Department of Foreign Affairs, Memoranda of Agreement respecting
worker and two (2) representatives from non-governmental inter-country adoption consistent with the implementation of this Act
organizations engaged in child-caring and placement activities. The and its stated goals, entered into, between and among foreign
members of the Board shall receive a per diem allowance of One governments, international organizations and recognized international
thousand five hundred pesos (P1,500) for each meeting attended by non-governmental organizations;

them: Provided, further, That no compensation shall be paid for more     (l) to assist other concerned agencies and the courts in the
than four (4) meetings a month. 
 implementation of this Act, particularly as regards coordination with
 
 foreign persons, agencies and other entities involved in the process of
Sec. 6. Powers and Functions of the Board. — The Board shall have adoption and the physical transfer of the child; and

the following powers and functions:
    (m) to perform such other functions on matters relating to inter-
country adoption as may be determined by the President.

    (a) to prescribe rules and regulations as it may deem reasonably

necessary to carry out the provisions of this Act, after consultation and ARTICLE III

upon favorable recommendation of the different agencies concerned PROCEDURE

with the child-caring, placement, and adoption;
 Sec. 7. Inter-Country Adoption as the Last Resort. — The Board
    (b) to set the guidelines for the convening of an Inter-country shall ensure that all possibilities for adoption of the child under the
Adoption Placement Committee which shall be under the direct Family Code have been exhausted and that inter-country adoption is in
supervision of the Board;
 the best interest of the child. Towards this end, the Board shall set up
    (c) to set the guidelines for the manner by which selection/matching the guidelines to ensure that steps will be taken to place the child in
of prospective adoptive parents and adoptive child can be made;
 the Philippines before the child is placed for inter-country adoption:
    (d) to determine a reasonable schedule of fees and charges to be Provided, however, That the maximum number that may be allowed for
exacted in connection with the application for adoption;
 foreign adoption shall not exceed six hundred (600) a year for the first
    (e) to determine the form and contents of the application for inter- five (5) years. 

country adoption;

    (g) to institute systems and procedures to prevent improper financial
gain in connection with adoption and deter improper practices which Sec. 8. Who May be Adopted. — Only a legally free child may be the
are contrary to this Act;
 subject of inter-country adoption. In order that such child may be
    (h) to promote the development of adoption services, including post-
SPECIAL PROCEEDINGS Mar 20 Assignment Page 29 of 35
considered for placement, the following documents must be submitted Sec. 10. Where to File Application. — An application to adopt a
to the Board:
Filipino child shall be filed either with the Philippine Regional Trial Court
having jurisdiction over the child, or with the Board, through an
intermediate agency, whether governmental or an authorized and
    (a)Child study;
 accredited agency, in the country of the prospective adoptive parents,
    (b)Birth certificate/foundling certificate;
 which application shall be in accordance with the requirements as set
    (c)Deed of voluntary commitment/decree of abandonment/death forth in the implementing rules and regulations to be promulgated by
certificate of parents;
 the Board.

    (d)Medical evaluation /history;
 The application shall be supported by the following documents written
    (e)Psychological evaluation, as necessary; and
 and officially translated in English.

    (f)Recent photo of the child.

    (a) Birth certificate of applicant(s);


Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently     (b) Marriage contract, if married, and divorce decree, if applicable;

residing abroad may file an application for inter-country adoption of a     (c) Written consent of their biological or adoptive children above ten
Filipino child if he/she:
(10) years of age, in the form of sworn statement;

    (d) Physical, medical and psychological evaluation by a duly
    (a) is at least twenty-seven (27) years of age and at least sixteen (16) licensed physician and psychologist;

years older than the child to be adopted, at the time of application     (e) Income tax returns or any document showing the financial
unless the adopter is the parent by nature of the child to be adopted or capability of the applicant(s);

the spouse of such parent:
     (f) Police clearance of applicant(s);

    (b) if married, his/her spouse must jointly file for the adoption;
     (g) Character reference from the local church/minister, the
    (c) has the capacity to act and assume all rights and responsibilities applicant's employer and a member of the immediate community who
of parental authority under his national laws, and has undergone the have known the applicant(s) for at least five (5) years; and

appropriate counseling from an accredited counselor in his/her     (h) Recent postcard-size pictures of the applicant(s) and his
country;
 immediate family;

    (d) has not been convicted of a crime involving moral turpitude; 

    (e) is eligible to adopt under his/her national law;
 The Rules of Court shall apply in case of adoption by judicial
    (f) is in a position to provide the proper care and support and to give proceedings.

the necessary moral values and example to all his children, including  

the child to be adopted;
 Sec. 11. Family Selection/Matching. — No child shall be matched to
    (g) agrees to uphold the basic rights of the child as embodied under a foreign adoptive family unless it is satisfactorily shown that the child
Philippine laws, the U.N. Convention on the Rights of the Child, and to cannot be adopted locally. The clearance, as issued by the Board, with
abide by the rules and regulations issued to implement the provisions the copy of the minutes of the meetings, shall form part of the records
of this Act;
 of the child to be adopted. When the Board is ready to transmit the
    (h) comes from a country with whom the Philippines has diplomatic Placement Authority to the authorized and accredited inter-country
relations and whose government maintains a similarly authorized and adoption agency and all the travel documents of the child are ready,
accredited agency and that adoption is allowed under his/her national the adoptive parents, or any one of them, shall personally fetch the
laws; and
 child in the Philippines. 

    (i) possesses all the qualifications and none of the disqualifications
provided herein and in other applicable Philippine laws.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 30 of 35

Sec. 12. Pre-adoptive Placement Costs. — The applicant(s) shall Sec. 15. Executive Agreements. — The Department of Foreign
bear the following costs incidental to the placement of the child;
Affairs, upon representation of the Board, shall cause the preparation
of Executive Agreements with countries of the foreign adoption
agencies to ensure the legitimate concurrence of said countries in
    (a) The cost of bringing the child from the Philippines to the upholding the safeguards provided by this Act.

residence of the applicant(s) abroad, including all travel expenses

within the Philippines and abroad; and

    (b) The cost of passport, visa, medical examination and ARTICLE IV

psychological evaluation required, and other related expenses.
PENALTIES

Sec. 13. Fees, Charges and Assessments. — Fees, charges, and Sec. 16. Penalties. —

assessments collected by the Board in the exercise of its functions

shall be used solely to process applications for inter-country adoption
and to support the activities of the Board.
 (a) Any person who shall knowingly participate in the conduct or
 

Sec. 14. Supervision of Trial Custody. — The governmental agency
or the authorized 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. The trial custody
shall be for a period of six (6) 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
Board to form part of the records of the child. 
the following acts:
carrying out of an illegal adoption, in violation of the provisions of this
Act, shall be punished with a penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and/or a fine of not less
than Fifty thousand pesos (P50,000), but not more than Two hundred
thousand pesos (P200.000), at the discretion of the court. For
purposes of this Act, an adoption is illegal if it is effected in any
manner contrary to the provisions of this Act or established State
policies, its implementing rules and regulations, executive agreements,
and other laws pertaining to adoption. Illegality may be presumed from

During the trial custody, the adopting parent(s) shall submit to the     (1)consent for an adoption was acquired through, or attended by
governmental agency or the authorized and accredited agency, which coercion, fraud, improper material inducement;

shall in turn transmit a copy to the Board, a progress report of the     (2)there is no authority from the Board to effect adoption;

child's adjustment. The progress report shall be taken into     (3)the procedures and safeguards placed under the law for adoption
consideration in deciding whether or not to issue the decree of were not complied with; and

adoption.
    (4)the child to be adopted is subjected to, or exposed to danger,
abuse and exploitation.

The Department of Foreign Affairs shall set up a system by which

Filipino children sent abroad for trial custody are monitored and (b)Any person who shall violate established regulations relating to the
checked as reported by the authorized and accredited inter-country confidentiality and integrity of records, documents and
adoption agency as well as the repatriation to the Philippines of a communications of adoption applications, cases and processes shall
Filipino child whose adoption has not been approved.
suffer the penalty of imprisonment ranging from one (1) year and one
(1) day to two (2) years, and/or a fine of not less than Five thousand
pesos (P5,000), but not more than Ten thousand pesos (P10,000), at
the discretion of the court.

SPECIAL PROCEEDINGS Mar 20 Assignment Page 31 of 35
 
 the initial operations of the Board and subsequently the appropriations
A penalty lower by two (2) degrees than that prescribed for the of the same shall be included in the General Appropriations Act for the
consummated felony under this Article shall be imposed upon the year following its enactment.

principals of the attempt to commit any of the acts herein enumerated.

Sec. 20. Separability Clause. — If any provision, or part hereof is held

Acts punishable under this Article, when committed by a syndicate or invalid or unconstitutional, the remainder of the law or the provision not
where it involves two or more children shall be considered as an otherwise affected, shall remain valid and subsisting.

offense constituting child trafficking and shall merit the penalty of

reclusion perpetua.

Sec. 21. Repealing Clause. — Any law, decree, executive order,

administrative order or rules and regulations contrary to, or
Acts punishable under this Article are deemed committed by a inconsistent with the provisions of this Act are hereby repealed,
syndicate if carried out by a group of three (3) or more persons modified or amended accordingly. 

conspiring and/or confederating with one another in carrying out any of

the unlawful acts defined under this Article.Penalties as are herein
provided shall be in addition to any other penalties which may be
imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations. 
Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation.

Approved: June 7, 1995

Sec. 17. Public Officers as Offenders. — Any government official,

employee or functionary who shall be found guilty of violating any of
the provisions of this Act, or who shall conspire with private individuals
shall, in addition to the above-prescribed penalties, be penalized in
accordance with existing civil service laws, rules and regulations:
Provided, That upon the filing of a case, either administrative or
criminal, said government official, employee or functionary concerned
shall automatically suffer suspension until the resolution of the case.

ARTICLE V

FINAL PROVISIONS

Sec. 18. Implementing Rules and Regulations. — The Inter-country
Adoption Board, in coordination with the Council for the Welfare of
Children, the Department of Foreign Affairs, and the Department of
Justice, after due consultation with agencies involved in child-care and
placement, shall promulgate the necessary rules and regulations to
implement the provisions of this Act within six (6) months after its
effectivity.

Sec. 19. Appropriations. — The amount of Five million pesos

(P5,000,000) is hereby appropriated from the proceeds of the Lotto for
SPECIAL PROCEEDINGS Mar 20 Assignment


-> REPUBLIC ACT NO. 9523 - DSWD CERTIFICATION
person over eighteen (18) years of age but is unable to fully take care
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A
"CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR
THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO.
8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT
OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE
INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL
DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND
YOUTH WELFARE CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::
herself without proper provisions and/or without proper supervision.
Section 1. Declaration of Policy. – It is hereby declared the policy of
the State that alternative protection and assistance shall be afforded to
every child who is abandoned, surrendered, or neglected. In this
regard, the State shall extend such assistance in the most expeditious
manner in the interest of full emotional and social development of the
abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the
jurisdiction of the Department of Social Welfare and Development for
the declaration of a child legally available for adoption of abandoned,
surrendered, or neglected children are the most expeditious
proceedings for the best interest and welfare of the child.
Section. 2.  Definition of Terms.  – As used in this Act, the following
terms shall mean:
DSWD or any duly accredited child-placement or child-caring agency
(1) Department of Social Welfare and Development (DSWD) is the
agency charged to implement the provisions of this Act and shall have
the sole authority to issue the certification declaring a child legally
available for adoption.
Page 32 of 35
(2) Child refers to a person below eighteen (18) years of age or a
of him/herself or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of physical or mental disability
or condition.
(3) Abandoned Child refers to a child who has no proper parental care
or guardianship, or whose parent(s) have deserted him/her for a period
of at least three (3) continuous months, which includes a founding.
(4) Neglected Child refers to a child whose basic needs have been
deliberately unattended or inadequately attended within a period of
three (3) continuous months. Neglect may occur in two (2) ways:
(a) There is physical neglect when the child is malnourished, ill-clad,
and without proper shelter. A child is unattended when left by himself/
(b) There is emotional neglect when the child is maltreated, raped,
seduced, exploited, overworked, or made to work under conditions not
conducive to good health; or is made to beg in the streets or public
places; or when children are in moral danger, or exposed to gambling,
prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a child in whose favor
a certification was issued by the DSWD that he/she is legally available
for adoption after the fact of abandonment or neglect has been proven
through the submission of pertinent documents, or one who was
voluntarily committed by his/her parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal
guardian knowingly and willingly relinquished parental authority to the
or institution.
(7) Child-caring agency or institution refers to a private non-profit or
government agency duly accredited by the DSWD that provides

SPECIAL PROCEEDINGS Mar 20 Assignment Page 33 of 35

twenty-four (24) hour residential care services for abandoned, (1) Social Case Study Report made by the DSWD, local government
neglected, or voluntarily committed children.
unit, licensed or accredited child-caring or child-placing agency or
institution charged with the custody of the child;

(8) Child-placing agency or institution refers to a private non-profit

institution or government agency duly accredited by the DWSD that (2) Proof that efforts were made to locate the parent(s) or any known
receives and processes applicants to become foster or adoptive relatives of the child. The following shall be considered sufficient:

parents and facilitate placement of children eligible for foster care or

adoption.
(a) Written certification from a local or national radio or television
station that the case was aired on three (3) different occasions;

(9) Petitioner refers to the head or executive director of a licensed or

accredited child-caring or child-placing agency or institution managed (b) Publication in one (1) newspaper of general circulation;

by the government, local government unit, non-governmental

organization, or provincial, city, or municipal Social Welfare
Development Officer who has actual custody of the minor and who
files a certification to declare such child legally available for adoption,
or, if the child is under the custody of any other individual, the agency
or institution does so with the consent of the child's custodian.
child's parents could not be found; and
(c) Police report or barangay certification from the locality where the
child was found or a certified copy of a tracing report issued by the
Philippine National Red Cross (PNRC), National Headquarters (NHQ),
Social Service Division, which states that despite due diligence, the

(10) Secretary refers to the Secretary of the DSWD or his duly (d) Returned registered mail to the last known address of the parent(s)
authorized representative.
or known relatives, if any.

(11) Conspicuous Place shall refer to a place frequented by the public, (3) Birth certificate, if available; and

where by notice of the petition shall be posted for information of any

interested person.

(4) Recent photograph of the child and photograph of the child upon
abandonment or admission to the agency or institution.

(12) Social Case Study Report (SCSR) shall refer to a written report of
the result of an assessment conducted by a licensed social worker as
to the social-cultural economic condition, psychosocial background,
current functioning and facts of abandonment or neglect of the child.
The report shall also state the efforts of social worker to locate the
Section 4.  Procedure for the Filing of the Petition.  – The petition
shall be filed in the regional office of the DSWD where the child was
found or abandoned.

child's biological parents/relatives.

The Regional Director shall examine the petition and its supporting
documents, if sufficient in form and substance and shall authorize the
Section 3. Petition. – The petition shall be in the form of an affidavit,
posting of the notice of the petition conspicuous place for five (5)
subscribed and sworn to before any person authorized by law to
consecutive days in the locality where the child was found.

administer oaths. It shall contain facts necessary to establish the

merits of the petition and shall state the circumstances surrounding the
abandonment or neglect of the child.
The Regional Director shall act on the same and shall render a
recommendation not later than five (5) working days after the
completion of its posting. He/she shall transmit a copy of his/her
The petition shall be supported by the following documents:

SPECIAL PROCEEDINGS Mar 20 Assignment Page 34 of 35

recommendation and records to the Office of the Secretary within Section 8.  Certification.  – The certification that a child is legally
forty-eight (48) hours from the date of the recommendation.
available for adoption shall be issued by the DSWD in lieu of a judicial
order, thus making the entire process administrative in nature.

Section 5.  Declaration of Availability for Adoption.  – Upon finding

merit in the petition, the Secretary shall issue a certification declaring The certification, shall be, for all intents and purposes, the primary
the child legally available for adoption within seven (7) working days evidence that the child is legally available in a domestic adoption
from receipt of the recommendation.
proceeding, as provided in Republic Act No. 8552 and in an inter-
country adoption proceeding, as provided in Republic Act No. 8043.

Said certification, by itself shall be the sole basis for the immediate
issuance by the local civil registrar of a foundling certificate. Within Section. 9.  Implementing Rules and Regulations.  – The DSWD,
seven (7) working days, the local civil registrar shall transmit the together with the Council for Welfare of Children, Inter-Country
founding certificate to the National Statistic Office (NSO).
Adoption Board, two (2) representatives from licensed or accredited
child-placing and child-caring agencies or institution, National
Section 6. Appeal. – The decision of the Secretary shall be appealable Statistics Office and Office of the Civil Registrar, is hereby tasked to
to the Court of Appeals within five (5) days from receipt of the decision draft the implementing rules and regulations of this Act within sixty (60)
by the petitioner, otherwise the same shall be final and executory.
days following its complete publication.

Section 7.  Declaration of Availability for Adoption of Involuntarily
Committed Child and Voluntarily Committed Child. – The certificate
declaring a child legally available for adoption in case of an
involuntarily committed child under Article 141, paragraph 4(a) and
Article 142 of Presidential Decree No. 603 shall be issued by the
Upon effectivity of this Act and pending the completion of the drafting
of the implementing rules and regulations, petitions for the issuance of
a certification declaring a child legally available for adoption may be
filled with the regional office of the DSWD where the child was found or
abandoned.

DSWD within three (3) months following such involuntary commitment.

Section 10.  Penalty.  – The penalty of One hundred thousand pesos

In case of voluntary commitment as contemplated in Article 154 of (P100,000.00) to Two hundred thousand pesos (P200,000.00) shall be
Presidential Decree No. 603, the certification declaring the child legally imposed on any person, institution, or agency who shall place a child
available for adoption shall be issued by the Secretary within three (3) for adoption without the certification that the child is legally available
months following the filing of the Deed of Voluntary Commitment, as for adoption issued by the DSWD. Any agency or institution found
signed by the parent(s) with the DSWD.
violating any provision of this Act shall have its license to operate
revoked without prejudice to the criminal prosecution of its officers and
Upon petition filed with the DSWD, the parent(s) or legal guardian who employees.

voluntarily committed a child may recover legal custody and parental

authority over him/her from the agency or institution to which such Violation of any provision of this Act shall subject the government
child was voluntarily committed when it is shown to the satisfaction of official or employee concerned to appropriate administrative, civil and/
the DSWD that the parent(s) or legal guardian is in a position to or criminal sanctions, including suspension and/or dismissal from the
adequately provide for the needs of the child:  Provided, That, the government service and forfeiture of benefits.

petition for restoration is filed within (3) months after the signing of the
Deed of Voluntary Commitment.
Section 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e) and 8(a) of
Republic Act No. 8552, Section 3(f) of Republic Act No. 8043, Chapter
1 of Title VII, and VIII of Presidential Decree No. 603 and any law,
SPECIAL PROCEEDINGS Mar 20 Assignment Page 35 of 35
presidential decree, executive order, letter of instruction, administrative
order, rule, or regulation contrary to or inconsistent with the provisions
of this Act are hereby reprealed, modified or amended accordingly.

Section 12. Separability Clause. – If any provision of this Act is held

invalid or unconstitutional, the other provisions not affected thereby
shall remain valid and subsisting.

Section 13.  Effectivity.  – This Act shall take effect fifteen (15) days
following its complete publication in two (2) newspapers of general
circulation or in the Official Gazette.



A. CONCEPT OF ADOPTION

B. REQUIREMENTS, QUALIFICATIONS, DISQUALIFICATIONS

C. REVOCATION AND RESCISSION OF ADOPTION





CASES:

1. DIWATA RAMOS LANDINGIN, petitioner, vs. REPUBLIC OF THE
PHILIPPINES, respondent. [G.R. No. 164948. June 27, 2006.]



2. IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY
ASTORGA GARCIA. HONORATO B. CATINDIG, petitioner, [G.R.
No. 148311. March 31, 2005.]



3. ISABELITA S. LAHOM, petitioner, vs. JOSE
MELVIN SIBULO (previously referred to as "DR. MELVIN
S. LAHOM"), respondent. [G.R. No. 143989. July 14, 2003.]



4. IN THE MATTER OF THE ADOPTION OF THE MINOR, EDWIN
VILLA Y MENDOZA, LUIS E. SANTOS, JR. and EDIPOLA V.
SANTOS, petitioners-appellants, vs.REPUBLIC OF THE
PHILIPPINES, oppositor-appellee. [G.R. No. L-22523. September 29,
1967.]