In Re: Adoption of Michelle and Michael Lim GR No168992-93 21

May 2009
Facts: This is a petition for review on certiorari filed by Monina Lim (Petitioner)
seeking to set aside the Decision of the RTC of Gen San, which dismissed without
prejudice the consolidated petitions for adoption of Michelle and Michael Jude Lim.

Petitioner is an optometrist by profession. She married Primo Lim and they were
childless. Minor children, whose parents were unknown, were entrusted to them by a a
certain Lucia Ayuban. Being so eager to have a child on their own, Petitioner and Lim
registered the child to make it appear that they were the parents of the children.

The spouses reared and cared for the children as if they were their own. They were
sent to exclusive schools. They used the surname Lim in all their school records and
documents. Unfortunately, her husband died. Later on, Petitioner married Angel
Olario, an American citizen.

Thereafter, petitioner decided to adopt the children by availing of the amnesty given
under RA 8552 to those individuals who simulated the birth of a child. Thus,
Petitioner filed petitions for adoption of Michelle and Michael before the Trial Court.
At the time of the filing of the petition, both Michelle and Michael were already of
age.

Michelle and Michael, as well as Olario, Petitioner’s new husband executed an

Affidavit of Consent.

RTC, however, dismissed the petitions on the ground that P should have filed the
petition jointly with her new husband as she has already remarried citing Sec. 7(c) of
Art. III RA 8552 and Art. 185 of FC.

Petitioner on appeal, contends that the rule must be relaxed. She argued that joint
parental authority is not necessary in this case since, at the time the petitions were
filed, both Michelle and Michael were already of age. Thus, parental authority is not
anymore necessary since they have been emancipated having attained the age of
majority.

Issue: Whether Petitioner, who has remarried, can singly adopt?

Decision: No. It is undisputed that, at the time the petitions for adoption were filed,
Petitioner had already remarried. She filed the petitions by herself, without being
joined by her husband. The petitions must be denied. Dura lex sed lex. The law is
explicit on requiring Husband and wife SHALL jointly adopt.
The use of the word “shall” means that the joint adoption by the husband and wife is
mandatory.