Adoption:

2.

a. Doctrine:

The law on adoption requires that the adoption by the father of a child born
out of wedlock obtain not only the consent of his wife but also the consent
of his legitimate children.

Under Article III, Section 7 of Republic Act No. 8552, the husband must first
obtain the consent of his wife if he seeks to adopt his own children born out
of wedlock.

b. Case Title:

G.R. No. 188801, October 15, 2014

ROSARIO MATA CASTRO AND JOANNE BENEDICTA CHARISSIMA M. CASTRO,

LEONEN, J.:

c. Facts:

This is a petition for review on certiorari assailing the decision of the Court
of Appeals, which denied the petition for annulment of judgment filed by
petitioners. The petition before the appellate court sought to annul the judgment
of the trial court that granted respondents' decree of adoption.
 The case originally stemmed from the adoption of Jose Maria Jed Lemuel
Gregorio (Jéd) and Ana Maria Regina Gregorio (Regina) by Atty. Jose G. Castro
(Jose). Jose is the estranged husband of Rosario Mata Castro (Rosario) and the
father of Joanne Benedicta Charissima M. Castro (Joanne), also known by her
baptismal name, "Maria Socorro M. Castro" and her nickname, "Jayrose."

Rosario and Jose, however, briefly lived as husband and wife but afterwards,
separated permanently because Rosario alleged that Jose had homosexual
tendencies. She insisted, however, that they "remained friends for fifteen (15)
years despite their separation.

On August 1, 2000, Jose filed a petition for adoption before RTC of Batac,
Ilocos Norte. In the petition, he alleged that Jed and Regina were his illegitimate
children with Lilibeth Fernandez Gregorio (Lilibeth), whom Rosario alleged was his
erstwhile housekeeper. At the time of the filing of the petition, Jose was 70 years
old.

The said adoption was approved by the trial court on October 16, 2000,
having ruled that no opposition had been received by this Court from any person
including the government which was represented by the Office of the Solicitor
General. A certificate of finality was issued on February 9, 2006.

Rosario, through her lawyer, Atty. Rene V. Saguisag, filed a complaint for
disbarment against Jose with the IBP, she alleged that Jose had been remiss in
providing support for their daughter, Joanne, for the past 36 years. She alleged
that she single-handedly raised and provided financial support to Joanne while
Jose had been showering gifts to his driver and alleged lover, Larry R. Rentegrado
(Larry), and even went to the extent of adopting Larry's two children, Jed and
Regina, without her and Joanne's knowledge and consent. She also alleged that
Jose made blatant lies to the trial court by alleging that Jed and Regina were his
illegitimate children with Larry's wife, Lilibeth, to cover up for his homosexual
relationship with Larry.

On October 8, 2006, Jose died in Laoag City, Ilocos Norte. Hence, Rosario and
Joanne filed a petition for annulment of judgment under Rule 47 of the Rules of
Civil Procedure with the Court of Appeals, seeking to annul the October 16, 2000
decision of the trial court approving Jed and Regina's adoption which was denied

on July 10, 2009, hence they filed this petition.

d. Issue/s:

Whether or not the Petitioners (Wife and Child) should have been given notice by the
trial court of the adoption, as adoption laws require their consent as a requisite in the
proceedings.

e. Held:

Petitioners are correct.

It is settled that "the jurisdiction of the court is determined by the statute in force
at the time of the commencement of the action." As Jose filed the petition for
adoption on August 1, 2000, it is Republic Act No. 855256 which applies over the
proceedings.
The law on adoption requires that the adoption by the father of a child born out
of wedlock obtain not only the consent of his wife but also the consent of his
legitimate children.

Under Article III, Section 7 of Republic Act No. 8552, the husband must first obtain
the consent of his wife if he seeks to adopt his own children born out of wedlock:

ARTICLE III

ELIGIBILITY

SEC. 7. Who May Adopt. — The following may adopt:

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

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

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
however, That the other spouse has signified, his/her consent thereto; or

(iii) if the spouses are legally separated from each other. . . (Emphasis supplied)

The provision is mandatory.

As a general rule, the husband and wife must file a joint petition for adoption. The
rationale for this is stated in In Re: Petition for Adoption of Michelle P. Lim:

The use of the word "shall" in the above-quoted provision means that joint
adoption by the husband and the wife is mandatory. This is in consonance with
the concept of joint parental authority over the child which is the ideal situation.
As the child to be adopted is elevated to the level of a legitimate child, it is but
natural to require the spouses to adopt jointly. The rule also insures harmony
between the spouses.

The law provides for several exceptions to the general rule, as in a situation
where a spouse seeks to adopt his or her own children born out of wedlock. In
this instance, joint adoption is not necessary. However, the spouse seeking to
adopt must first obtain the consent of his or her spouse.

In the absence of any decree of legal separation or annulment, Jose and Rosario
remained legally married despite their de facto separation. For Jose to be eligible
to adopt Jed and Regina, Rosario must first signify her consent to the adoption.
Jose, however, did not validly obtain Rosario's consent. His submission of a
fraudulent affidavit of consent in her name cannot be considered compliance of
the requisites of the law. Had Rosario been given notice by the trial court of the
proceedings, she would have had a reasonable opportunity to contest the validity
of the affidavit. Since her consent was not obtained, Jose was ineligible to adopt.

The law also requires the written consent of the adopter's children if they are 10
years old or older. In Article III, Section 9 of Republic Act No. 8552:

SEC. 9. Whose Consent is Necessary to the Adoption. — After being properly

The consent of the adopter's other children is necessary as it ensures harmony

It is undisputed that Joanne was Jose and Rosario's legitimate child and that she
was over 10 years old at the time of the adoption proceedings. Her written
consent, therefore, was necessary for the adoption to be valid.

To circumvent this requirement, however, Jose manifested to the trial court that
he and Rosario were childless, thereby preventing Joanne from being notified of
the proceedings. As her written consent was never obtained, the adoption was
not valid.

For the adoption to be valid, petitioners' consent was required by Republic Act
No. 8552. Personal service of summons should have been effected on the spouse
and all legitimate children to ensure that their substantive rights are protected. It
is not enough to rely on constructive notice as in this case. Surreptitious use of
procedural technicalities cannot be privileged over substantive statutory rights.

Since the trial court failed to personally serve notice on Rosario and Joanne of the
proceedings, it never validly acquired jurisdiction.
WHEREFORE, the petition is GRANTED. The decision dated October 16, 2000 of
the Regional Trial Court of Batac, Ilocos Norte, Branch 17 in SP. Proc. No. 3445-17
is rendered NULL and VOID.