In Re Petition for Adoption of Michelle Lim and Michael Jude Lim

GR No. 168992-93, May 21, 2009

FACTS:

Monina Lim, petitioner, who was an optometrist was married with Primo Lim but were
childless. Minor children, were entrusted to them by Lucia, whose parents were unknown as
shown by a certification of DSWD. The spouses registered the children making it appear as if
they were the parents. Unfortunately, in 1998, Primo died. She then married an American
Citizen, Angel Olario in December 2000. Petitioner decided to adopt the children by availing of
the amnesty given under RA 8552 to individuals who simulated the birth of a child. In 2002, she
filed separate petitions for adoption of Michelle and Michael before the trial court. Michelle was
then 25 years old and already married and Michael was 18 years and seven months old.
Michelle and her husband including Michael and Olario gave their consent to the adoption
executed in an affidavit.

ISSUE:
WON petitioner who has remarried can singly adopt?

HELD:

Petition was denied. At the time the petitions were filed, petitioner had already
remarried. Husband and wife shall jointly adopt except in 3 instances which was not present in
the case at bar. In case spouses jointly adopt, they shall jointly exercise parental authority. The
use of the word “shall” signifies that joint adoption of husband and wife is mandatory. This is in
consonance with the concept of joint parental authority since the child to be adopted is elevated
to the level of a legitimate child, it is but natural to require spouses to adopt jointly. The affidavit
of consent given by Olario will not suffice since there are certain requirements that he must
comply as an American Citizen. He must meet the qualifications set forth in Sec. 7 of RA 8552.
The requirements on residency and certification of the alien’s qualification to adopt cannot
likewise be waived pursuant to Sec 7. Parental authority is merely just one of the effects of
legal adoption. It includes caring and rearing the children for civic consciousness and efficiency
and development of their moral mental and physical character and well-being.