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Cang vs. CA (GR No. 105308) Facts

Herbert and Anna Marie Cang were legally separated due to Herbert's extramarital affair. Their children were given up for adoption by Anna Marie's brother and sister-in-law due to Anna Marie's health issues. Herbert opposed the adoption upon returning to the Philippines. The court ruled that: 1) Herbert did not abandon his children as he maintained regular communication and support, and 2) the adoption petition must be denied without Herbert's consent as he did not abandon his children under the facts of the case. Consent of all living parents is required for a valid adoption unless a parent has abandoned the child.

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165 views2 pages

Cang vs. CA (GR No. 105308) Facts

Herbert and Anna Marie Cang were legally separated due to Herbert's extramarital affair. Their children were given up for adoption by Anna Marie's brother and sister-in-law due to Anna Marie's health issues. Herbert opposed the adoption upon returning to the Philippines. The court ruled that: 1) Herbert did not abandon his children as he maintained regular communication and support, and 2) the adoption petition must be denied without Herbert's consent as he did not abandon his children under the facts of the case. Consent of all living parents is required for a valid adoption unless a parent has abandoned the child.

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2. Cang vs. CA (GR No.

105308)

Facts:

Herbert and Anna Marie Cang are married and had children namely Keith, Charmaine and
Joseph. Herbert and Anna Marie were legally separated due to extramarital affair of Herbert and
their family friend. Herbert went to the United State and there a divorce was filed and decreed
for Herbert and Anna Marie. Due to the heart ailment and work travel of Anna Marie, the
children were given for adoption for her brother and sister in law Ronald and Maria Clara
Clavano. Herbert, upon hearing of this, went back to the Philippines to oppose the proceeding
for adoption.

Issue:

1. Whether or not the Herbert Cang abandoned his children.

2. Whether or not the adoption should prosper.

Ruling:

1. No. The court defined abandonment as follows: In it ordinary sense, the word
“abandonment” means to forsake entirely, to forsake or renounce utterly. The
dictionaries trace this word to the root idea of “putting under a ban”. The emphasis is on
the finality and publicity with which a thing or body is thus which put in control of another,
hence, the meaning of giving up absolutely, with intent never to resume or claim one’s
rights or interest. In reference to abandonment of child by his parent, the act of
abandonment imports “any conduct of the parent which evinces a settled purpose to
forego all parental duties and relinquish all parental claims to the child”. It means
“neglect or refusal to perform the natural and legal obligations of care and support which
parent owe their children.

In the instant case, records disclose that petitioner’s conduct did not manifest a settled
purpose to forego all parental duties and relinquish all parental claims over his children
as to, constitute abandonment. Physical estrangement, alone, without financial and
moral desertion, is not tantamount to abandonment. While admittedly, petitioner was
physically absent as he was then in the United States, he was not remiss in his natural
and moral obligations of love, care and support for his children. He maintained regular
communication with his wife and children through letters and telephone. He used to send
packages by mail and catered to their whims.

2. No. Said petition must be denied as it was filed without the required consent of their
father who, by law and under the facts of the case at bar, has not abandoned them.

Written consent of the adoption has remained a requisite for its validity. Notably, such
requirement is also embodied in Rule 99 of the Rules of Court as follows:
Sec.3. Consent to adoption. – There shall be a filed with the petition a written consent to
the adoption signed by the child, if fourteen years of age o over and not incompetent,
and by the child’s spouse, if any, and y each of its known living parents who is not
insane or hopelessly intemperate or has not abandoned the child, or if the child is in
custody of an orphan asylum, children’s home, or benevolent society or person, by the
proper officer or officers of such asylum, home, or society, or by such person; but if the
child is illegitimate and has not been recognized , the consent of its father to the
adoption shall not be required.

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