2. Adoption is a juridical act which creates
between two persons a relationship similar to
that which results from legitimate paternity
(Prasnick vs. Republic, 98 Phil. 669).
Adoption is a juridical act, a proceeding in rem,
which creates between the two persons a
relationship similar to that which results from
legitimate paternity and filiation.
3. Adoption is not an adversarial proceeding. An
adversarial proceeding is one having opposing
parties, contested, as distinguished from an ex
parte application, one of which the party
seeking relief has given legal warning to the
other party and afforded the latter an
opportunity to contest it excludes an adoption
proceeding. In adoption, there is no particular
defendant to speak of since the proceeding
involves the status of a person it being an
action in rem.
4. Inter-Country Adoption refers to the socio-legal
process of adopting a Filipino child by a foreigner
or a Filipino citizen permanently residing abroad
where the petition is filed, the supervised trial
custody is undertaken, and the decree of adoption is
issued in the Philippines (Sec. 3[a], RA 8043).
5. Domestic Inter-country
Governed by RA
8552, the Domestic
Adoption Act of 1998;
procedure governed
by AM No. 02-06-02-
SC, Aug. 22, 2002.
Governed by RA 8043,
the Inter-Country
Adoption Act of 1995;
procedure governed by
the Amended
Implementing Rules
and Regulations on
ICAA.
6. Domestic Inter-country
Applies to domestic
adoption of Filipino
children, where the
entire adoption process
beginning from the
filing of the petition up
to the issuance of the
adoption decree takes
place in the
Philippines.
Applies to adoption of
a Filipino child in a
foreign country, where
the petition for
adoption is filed, the
supervised trial custody
is undertaken and the
decree of adoption is
issued outside of the
Philippines.
7. Domestic Inter-country
A child legally available for
adoption.Requisites:
a) Below 18 years of age; and
b) Judicially declared available
for adoption.
EXCEPTIONS:
a) Legitimate son/daughter of
one spouse by the other spouse;
b) Illegitimate son/daughter by
a qualified adopter;
c) Person of legal age if, prior
to the adoption said person has
been consistently considered and
treated by the adopter/s as
his/her own child since minority.
Only a legally free child may
be adopted. Requisites:
a) Below 15 years of age;
and
b) Has been voluntarily or
involuntarily committed to
the DSWD in accordance
with PD 603.
8. Filipino Citizens
1) Of legal age;
2) In possession of full civil capacity and legal rights;
3) Of good moral character;
4) Has not been convicted of any crime involving moral turpitude;
5) Emotionally and psychologically capable of caring for children;
6) In a position to support and care for his/her children in keeping
with the means of the family;
7) At least 16 years older than the adoptee but this latter requirement
may be waived if (a) the adopter is the biological parent of the adoptee;
or (b) the adopter is the spouse of the adoptee’s parent; and
8) Permanent resident of the Philippines.
9. Aliens
1) Same qualifications as above, and in addition:
2) His/her country has diplomatic relations with the Republic of the
Philippines;
3) His/her government allows the adoptee to enter his/her country as his/her
adopted son/daughter;
4) Has been living in the Philippines for at least 3 continuous years prior to
the filing of the application for adoption and maintains such residence until the
adoption decree is entered; and
5) Has been certified by his/her diplomatic or consular office or any appropriate
government agency that he/she has the legal capacity to adopt in his/her
country. This requirement may be waived if (a) a former Filipino citizens
seeks to adopt a relative within the 4th degree of consanguinity or affinity; (b)
one seeks to adopt the legitimate son/daughter of his/her Filipino spouse; (c)
one who is married to a Filipino citizen and seeks to adopt a relative within the
4th degree of consanguinity or affinity of the Filipino spouse
10. Filipino Citizens
1) Permanent resident of a foreign country;
2) Has the capacity to act and assume all rights and
responsibilities of parental authority under Philippine laws;
3) Has undergone the appropriate counseling from an
accredited counselor in country of domicile;
4) Has not been convicted of a crime involving moral
turpitude;
5) Eligible to adopt under Philippine laws;
6) In a position to provide the proper care and support
and to give the necessary moral values and example to all
his children, including the child to be adopted;
11. 7) Agrees to uphold the basic rights of the child as embodied
under Philippine laws, the UN Convention on Rights of the Child,
and to abide by the rules and regulations issued to implement the
provisions of the ICAA;
8) Residing in a country with whom the Philippines has
diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption is allowed in
that country;
9) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in other applicable
Philippine laws;
10) At least 27 years of age at the time of the application; and
11) At least 16 years older than the child to be adopted at the
time of application, unless (a) adopted is the parent by nature of
the child to be adopted; or (b) adopter is the spouse of the parent
by nature of the child to be adopted.
12. Aliens
1) At least 27 years of age at the time of the application;
2) At least 16 years older than the child to be adopted at
the time of application unless the adopter is the parent by
nature of the child to be adopted or the spouse of such
parent;
3) Has the capacity to act and assume all rights and
responsibilities of parental authority under his national
laws;
4) Has undergone the appropriate counseling from an
accredited counselor in his/her country;
5) Has not been convicted of a crime involving moral
turpitude;
13. 6) Eligible to adopt under his/her national law;
7) In a position to provide the proper care and support and to
give the necessary moral values and example to all his children,
including the child to be adopted;
8) Agrees to uphold the basic rights of the child as embodied
under Philippine laws, the UN Convention on the Rights of the
Child, and to abide by the rules and regulations issued to
implement the provisions of the ICAA;
9) Comes from a country with whom the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that adoption is
allowed under his/her national laws; and
10) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in other applicable
Philippine laws.
14. Domestic Inter-country
General rule: husband and
wife shall jointly adopt;
otherwise, the adoption shall
not be allowed.
Exceptions:
1) If one spouse seeks to
adopt the legitimate
son/daughter of the other;
2) If one spouse seeks to
adopt his/her own illegitimate
son/daughter but the other
spouse must give his/her
consent;
3) If the spouses are legally
separated from each other.
Rule: if the adopter is
married, his/her spouse
must jointly file for the
adoption.
15. Domestic Inter-country
Where to file application:
In the Family Court of the
province or city where the
prospective parents reside.
After filing: The petition
shall not be set for hearing
without a case study report
by a licensed social
worker.
Where to file application: Either in
(a) Family Court having jurisdiction
over the place where the child resides
or may be found, or (b) Inter-Country
Adoption Board (ICAB) through an
intermediate agency, whether
governmental or an authorized and
accredited agency, in the country of
the prospective adoptive parents.
After filing: (a) if filed in the FC,
court determines sufficiency of
petition in respect to form and
substance, after which, petition is
transmitted to ICAB; (b) if petition is
already with ICAB, it conducts
matching of the applicant with an
adoptive child; (c) after
matchmaking, the child is
personally fetched by the applicant
for the trial custody which takes
place outside of the Philippines.
16. Domestic Inter-country
Supervised Trial Custody:
a) Temporary parental authority is
vested in prospective adopter;
b) Period is at least 6 months, but
may be reduced by the court motu
propio or upon motion;
c) If adopter is alien, the law
mandatorily requires completion of the
6-month trial custody and may not be
reduced, except if: (1) a former Filipino
citizen seeks to adopt a relative within
4th degree of consanguinity or affinity;
(2) one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse;
(3) one who is married to a Filipino
citizen and seeks to adopt jointly with
his/her spouse a relative within the 4th
degree of consanguinity or affinity of
the Filipino spouse
Supervised Trial Custody:
a) This process takes place
outside of the country and under the
supervision of the foreign adoption
agency;
b) For a period of 6 months;
c) If unsuccessful, ICAB shall
look for another prospective
applicant. Repatriation of the child is
to be resorted only as a last resort;
d) If successful, ICAB transmits a
written consent for the adoption to be
executed by the DSWD, and the
applicant then files a petition for
adoption in his/her country.
17. Domestic Inter-country
Consent Required: Written consent
of the following to the adoption is
required, in the form of affidavit:
(1) adoptee, if 10 years of age or
over; (2) biological parent/s of the
child, if known, or the legal
guardian, or the proper
government instrumentality which
has legal custody of the child; (3)
legitimate and adopted sons or
daughters, 10 years of age or over,
of the adopter/s and adoptee, if
any; (4) illegitimate
sons/daughters, 10 years of age of
over, of the adopter if living with
said adopter and the latter’s
spouse, if any; (5) spouse, if any,
of the person adopting or to be
adopted.
Consent Required:
(1) Written consent of biological
or adopted children above 10
years of age, in the form of
sworn statement is required to be
attached to the application to be
filed with the FC or ICAB;
(2) If a satisfactory pre-adoptive
relationship is formed between
the applicant and the child, the
written consent to the adoption
executed by the DSWD is
required.
18. The following are the instances when adoption may be rescinded:
(a) Repeated physical and verbal maltreatment by the adopter(s) despite
having undergone counseling;
(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence; or
(d) Abandonment and failure to comply with parental obligations (Sec.
19).
(2) Prescriptive period:
(a) If incapacitated – within five (5) years after he reaches the age of
majority;
(b) If incompetent at the time of the adoption – within five (5) years
after recovery from such incompetency (Sec. 21, Rule on Adoption).
19. YES. Below are the prescriptive period.
(a) If incapacitated – within five (5) years
after he reaches the age of majority;
(b) If incompetent at the time of the
adoption – within five (5) years after
recovery from such incompetency
(Sec. 21, Rule on Adoption).
20. (1) Parental authority of the adoptee’s biological
parent(s), if known, or the legal custody of the DSWD
shall be restored if the adoptee is still a minor or
incapacitated;
(2) Reciprocal rights and obligations of the adopter(s)
and the adoptee to each other shall be extinguished;
(3) Cancellation of the amended certificate of birth of
the adoptee and restoration of his/her original birth
certificate; and
(4) Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial
rescission shall be respected (Sec. 20).
21. (1) Transfer of parental authority – except in
cases where the biological parent is the spouse of
the adopter, the parental authority of the
biological parents shall terminate and the same
shall be vested in the adopters (Sec. 16).
(2) 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 (Sec. 17).
22. (3) Successional rights
(a) In legal and intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation (Sec. 18);
(b) However, if the adoptee and his/her biological parent(s)
had left a will, the law on testamentary succession shall
govern (Sec. 18);
(c) Art. 18(3) of the Family Code and Sec. 18, Art V of RA
8552 provide that the adoptee remains an intestate heir of
his/her biological parent (Obiter Dictum in In re In the Matter
of Adoption of Stephanie Naty Astorga Garcia, 454 SCRA
541).
23. Facts: Petitioner, Marissa Benetiz Badua, claims to
be an heir spouses Vicente Benitez and Isabel
Chipongian, being the legitimate child of the
spouses.
Such claim by the petitioner was done after the
private respondents Victoria Benitez-Lirio and
Feodor Benitez Aguilar (Vicente's sister and
nephew, respectively) filed a special proceeding
for the settlement of estate and administration
of the same.
At the trial court, the private respondents
contended that has no biological child, for their
incapacity to procreate a child as testified by the
obstetrician-gynecologist of Isabel.
24. The trial court after considering the
documentary evidence submitted by the
petitioner, decided in favor of the latter.
The Court of Appeals reversed the ruling of
the trial court for failure to establish her
status as and prove her biological and blood
kinship with the aforesaid spouses.
Hence, the petitioner appealed to the
Supreme Court.
ISSUE: Whether or not the decision of the appellate
court is proper
25. RULING: YES.
At this juncture, it might be meet to mention that it has
become a practice in recent times for people who want to
avoid the expense and trouble of a judicial adoption to
simply register the child as their supposed child in the civil
registry. Perhaps Atty. Benitez, though a lawyer himself,
thought that he could avoid the trouble if not the expense
of adopting the child Marissa through court proceedings by
merely putting himself and his wife as the parents of the
child in her birth certificate. Or perhaps he had intended to
legally adopt the child when she grew a little older but did
not come around doing so either because he was too busy
or for some other reason. But definitely, the mere
registration of a child in his or her birth certificate as the
child of the supposed parents is not a valid adoption, does
not confer upon the child the status of an adopted child
and the legal rights of such child, and even amounts of
simulation of the child's birth or falsification of his or her
birth certificate, which is a public document.
