ADOPTION

REPORT BY:
MARK RAINER Y. LOZARES
 ADOPTION

 PART 1.INTRODUCTION AND GENERAL

PRINCIPLES

 PART 2. GOVERNING RULES AND LAWS ON

ADOPTION
 A. RULES COVERING DOMESTIC ADOPTION
 B. RULES COVERING INTER-COUNTRY
ADOPTION

 PART 3. CASES
PART 1.INTRODUCTION
AND GENERAL PRINCIPLES
 DEFINE Adoption?

 It has been defined as “the act by which relations of

paternity and affiliation are recognized as legally
existing between persons not so related by nature.

 It is a judicial act which creates between two persons

a relationship similar to that which results from
legitimate paternity and affiliation.
 Are Adoption Liberally Construed??

 YES. To carry out the beneficial purposes of adoption

institution and to protect the adopted child in the
rights and privileges coming to it as a result of the
adoption.
 Nature of adoption in Philippine law

 1. Adoption proceedings are always judicial and in rem,

i.e., publication is required
 2. A mere agreement of adoption between the adopters
and the parents of the child is not a valid adoption, nor
the fact that the child had been adopted de facto (ampon)
by the alleged adopting parents
 3. Neither is mere registration of the child in the civil
registry as the child of the adopter a valid adoption. This
even amounts to the crime of simulation of birth
 4. The capacity and right of the adopter to file a petition
for adoption are governed by the law in force at the time
the petition is filed, and cannot be impaired by a new
law disqualifying him or her for adoption
Does adoption confer on the adopted child the citizenship of
the adopter?

 No. Adoption does not confer on the adopted child

the citizenship of the adopter. Adoption is a matter
political and not civil in nature, and the ways in
which it should be conferred are outside the ambit of
the Civil Code.
PART 2. GOVERNING RULES
AND LAWS
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
SHORT TITLE Domestic Adoption Act of 1998 Inter-Country Adoption
Act of 1995
KIND Judicial Adoption Extrajudicial Adoption
PROMULGATION Feb 25, 1998 June 7, 1995
WHAT IT R.A. 8552 amended Articles 183 R.A. 8043 on the other
GOVERNS? up to 193 of the Family Code of hand, governs the
the Philippines and is the adoption of Filipinos by
governing law for Filipino Foreigners, and is
Citizens adopting other Filipinos implemented by Inter-
(whether relative or strangers) Country Adoption Board.
with some exceptions. Rescission
of Adoption is no longer allowed
under R.A. 8552.
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
DEFINITON OF "Child" is a person below Child means a person
CHILD eighteen (18) years of age. below fifteen (15) years of
age unless sooner
emancipated by law.
WHO MAY a. Any Filipino Citizen; An alien or a Filipino
ADOPT? b. Any alien possessing the citizen permanently
same qualifications as stated residing abroad may file
for Filipino nationals an application for inter-
c. The guardian with respect to country adoption of a
ward. Filipino child
QUALIFICATIONS For Filipino Citizen (a) is at least twenty-
seven (27) years of age
a. of legal age, in possession of and at least sixteen (16)
full civil capacity and legal years older than the child
rights to be adopted, at the time
of application
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
QUALIFICATIONS b. of good moral character, has unless the adopter is the
not been convicted of any parent by nature of the
crime involving moral child to be adopted or the
turpitude, emotionally spouse of such parent:
c. psychologically capable of (b) if married, his/her
caring for children spouse must jointly file for
d. at least sixteen (16) years older the adoption;
than the adoptee, and who is (c) has the capacity to act
in a position to support and and assume all rights and
care for his/her children in responsibilities of
keeping with the means of the parental authority under
family. (waived when the his national laws, and has
adopter is the biological undergone the
parent of the adoptee, or is appropriate counseling
the spouse of the adoptee's from an accredited
parent;) counselor in his/her
country;
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
QUALIFICATIONS For Alien (d) has not been
convicted of a crime
a. same qualifications as above involving moral
stated for Filipino nationals: turpitude;
b. his/her country has (e) is eligible to adopt
diplomatic relations with the under his/her national
Republic of the Philippines law;
c. he/she has been living in the (f) is in a position to
Philippines for at least three provide the proper care
(3) continuous years prior to and support and to give
the filing of the application the necessary moral
for adoption and maintains values and example to all
such residence until the his children, including the
adoption decree is entered child to be adopted;
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
QUALIFICATIONS a. he/she has been certified by (g) agrees to uphold the
his/her diplomatic or basic rights of the child as
consular office or any embodied under
appropriate government Philippine laws, the U.N.
agency that he/she has the Convention on the Rights
legal capacity to adopt in of the Child, and to abide
his/her country by the rules and
b. his/her government allows regulations issued to
the adoptee to enter his/her implement the provisions
country as his/her adopted of this Act;
son/daughter:
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
QUALIFICATIONS Residency and certification of (h) comes from a country
the alien's qualification to with whom the
adopt in his/her country may Philippines has
be waived for the following: diplomatic relations and
(i) a former Filipino citizen who whose government
seeks to adopt a relative within maintains a similarly
the fourth (4th) degree of authorized and accredited
consanguinity or affinity; or agency and that adoption
(ii) if one spouse seeks to adopt is allowed under his/her
his/her own illegitimate national laws; and
son/daughter: Provided, (i) possesses all the
However, that the other spouse qualifications and none of
has signified his/her consent the disqualifications
thereto; or provided herein and in
(iii) if the spouses are legally other applicable
separated from each other. Philippine laws.
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
QUALIFICATIONS In case husband and wife jointly
adopt, or one spouse adopts the
illegitimate son/daughter of the
other, joint parental authority
shall be exercised by the
spouses.

Guardian
only after the termination of the
guardianship and clearance of
his/her financial
accountabilities.
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
WHO MAY BE (a) Any person below eighteen Only a legally free child
ADOPTED (18) years of age who has been may be the subject of inter-
administratively or judicially country adoption. In order
declared available for adoption; that such child may be
(b) The legitimate son/daughter considered for placement,
of one spouse by the other spouse; the following documents
(c) An illegitimate son/daughter must be submitted to the
by a qualified adopter to improve Board:
his/her status to that of (a)Child study;
legitimacy; (b)Birth
(d) A person of legal age if, prior certificate/foundling
to the adoption, said person has certificate;
been consistently considered and (c)Deed of voluntary
treated by the adopter(s) as commitment/decree of
his/her own child since minority; abandonment/death
certificate of parents;
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
WHO MAY BE (e) A child whose adoption has (d)Medical evaluation
ADOPTED been previously rescinded; or /history;
(f) A child whose biological or (e)Psychological
adoptive parent(s) has evaluation, as necessary;
died: Provided, That no and
proceedings shall be initiated (f)Recent photo of the
within six (6) months from the child.
time of death of said parent(s).
WHERE TO FILE Family Court of the place where RTC having jurisdiction over the
child, or with the Inter-Country
APPLICATION the adopter resides Adoption Board, through an
intermediate agency, whether
governmental or authorized and
accredited agency, in the country
of the prospective adoptive
parents.
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
WHAT PETITION May include prayer for change of Only Petition for
FOR ADOPTION name, rectification of simulated Adoption.
MAY INCLUDE? birth or declaration that the
child is foundling, abandoned,
dependent or neglected child.
IS THERE A NEED Not required. Required to be annexed
TO INCLUDE to the petition.
INCOME TAX
RETURNS, POLICE
CLEARANCE,
CHARACTER
REFERENCE,
FAMILY
PICTURE,COLB OF
ADOPTER?
 Distinctions between R.A. 8552 and R.A. 8043

ADOPTION REPUBLIC ACT. NO. 8552 REPUBLIC ACT. NO.

LAWS 8043
SUPERVISED Supervised Trial Custody Period Supervised Trial Custody
TRIAL CUSTODY in the Philippines for at least 6 Period in the Philippines
months. (may be reduced or be for at least 6 months.
exempt)
PENALTY FOR ANY Shall automatically suffer Same.
GOVERNMENT suspension until resolution of
OFFICIAL, the case.
EMPLOYEE OR
FUNCTIONARY
WHO SHALL BE
FOUND GUILTY OF
VIOLATING ANY OF
THE PROVISIONS
OF THIS ADOPTION
LAWS
Guidelines in Petitions for Adoptions under R.A.
8552

 1. preparation of petition for the person wanting to

adopt.
 2. payment of filling/docket fee, petition is raffled to a
FC, if sufficient in form and substance, the court issues
an order, setting the case for initial hearing, order for
conduct of case study and home visit
 3. publishing in a newspaper of general circulation
 4. case study and home visit
 5. initial hearing
 6. presentation of evidence
 7. issuance of Certificate of Finality.
PART 3. CASES
 Landingin v. Republic of the Philippines
G.R. No. 164948, June 27, 2006

 Facts:
 Diwata Ramos Landingin (u.s. Citizen, resident of Guam,
57 year old widow, has children of her own who are
already married, works as a restaurant server in U.S.)
filed for petition of 3 minors who are natural children of
her brother (deceased) and Amelia Ramos (natural
mother of minors who went to Italy and remarried there
who had already 2 kids in her 2nd marriage)
 The minors are left to their paternal grandparent Maria
who later died so Diwata desires to adopt the children;
 Minors, the children of petitioner, have given their
written consent to adoption.
 Landingin v. Republic of the Philippines
G.R. No. 164948, June 27, 2006

 Issues:
 Whether petitioner is financially capable to support
the three minors?

 SC Ruling:
 The petition is denied. Since the primary
consideration in adoption is the best interest of the
child, it follows that the financial capacity of
prospective parents should be carefully evaluated
and considered.
 In the Matter of the Adoption of Stephanie Nathy
Garcia v. Catindig. GR. No. 148311, March 31, 2005

 Issue:
 May an illegitimate child, upon adoption by her
natural father, use the surname of her natural
mother as her middle name?

 SC Ruling:
 Yes, since there is no law prohibiting an illegitimate
child adopted by her natural father, like Stephanie,
to use, as middle name her mother’s surname we
find no reason why she should not be allowed to do
so.
 Isabelita S. Lahom v. Jose Melvin Sibulo
G.R. No. 143989

 Facts:
 Dr. Diosdado Lahom and Isabelita Lahom has no
offspring so they decided to legally adopt Isabelita’s
nephew Jose Melvin Sibulo.
 Jose Melvin refused to change his surname from
Sibulo to Lahom, to the frustration of the petitioner
particularly Diosdado Lahom until latter died.
 That Joses’s motive to his adoption is his expectancy
of his alledged rights over the properties of the
Spouses.
 Isabelita S. Lahom v. Jose Melvin Sibulo
G.R. No. 143989

 Issue:
 Whether the subject adoption, decreed on May 5, 1972, can
still be revoked or rescinded by an adopter after the effectivity
of R.A. No. 8552?

 Held:
 NO. It was months after the effectivity of R.A. No. 8552 that
herein petitioner filed an action to revoke the decree of
adoption granted in 1975. By then, the new law, had already
abrogated and repealed the right of an adopter under the Civil
Code and the Family Code to rescind a decree of adoption.
Consistently with its earlier pronouncements, the Court
should now hold that the action for action for rescission of the
adoption decree, having been initiated by petitioner after R.A.
No. 8552 had come into force, no longer could be pursued.