Professor: Atty. Dinnah Mae A.

Alconera

Contributors:
Abela, Wom Lib L.
Alindo, Jallilah L.
Dela Cruz, Mark T.
Diaz, Raymond L.
Duray, Arin Michael A.
Galzote, Daniel M.
Macasundig, Abdul Rahman G.
Martinico, Irvin M.
Nahilat, Ivan Clojen R.
Perlas, Cyrmyn F.
Villaneza, Roland Louie C.
Edited and Arranged by: Diaz, Raymond L.
© ALFARABI MSU College of Law 1st Sem. SY 2017-2018

[Pick the date] [Edition 1, Volume 1]

 PROOF OF FILIATION
PERSONS & FAMILY RELATIONS

ARTICLE 172: KEY NOTES:

Filiation of Legitimate Children
FILIATION:
The filiation of legitimate The civil status or
children is established by any Exception: (OA) relationship of a child to
Secondary Evidence his or her parents (father
of the following: or mother).
(1) The record of birth 1. Proof of open and
appearing in the civil continuous possession PATERNITY:
register or a final of status as legitimate The civil status or
judgment; or child relationship of the child to
(2) An admission of legitimate 2. Any other means his or her father.
filiation in a public stated by the rules of
court or special laws. BIRTH CERTIFICATES:
document or a private
a) An act or declaration  Offers a prima facie
handwritten instrument
concerning pedigree evidence of filiation
and signed by the parent and a high degree of
concerned. (Sec. 33, Rule 130,
Rules of Court) proof is needed to
In the absence of the overthrow the
b) Family reputation or
foregoing evidence, the presumption of truth
tradition concerning
contained in such
legitimate filiation shall be pedigree (Sec. 34,
public document.
Rule 130, Rules of
proved by:  To be considered as
Court)
(1) The open and continuous validating proof of
c) Common reputation paternity and as an
possession of the status of respecting pedigree instrument of
a legitimate child; or (Sec. 35, Rule 130, recognition, must be
(2) Any other means allowed Rules of Court) signed by the father
by the Rules of Court and d) Judicial admission and mother jointly, or
special laws. (Sec. 2, Rule 129, Rules by the mother alone if
of Court) the father refuses.
Legitimate children may e) Admission of a party
(Sec. 22, Rule 130, BAPTISMAL CERTIFICATE
establish their filiation by any
Rules of Court)  Is a private document
of the following [Art. 172]: f) Admission by silence and not a conclusive
General Rule: (RA) (Sec. 23, Rule 130, proof of filiation. It does
Rules of Court) not have the same
Primary Evidence probative value as a
1. Their record of birth Note: Only in the absence of record of birth, an
appearing in the civil official or public
primary evidence can document.
registry.
2. An admission of his secondary evidence be  It is an evidence only to
prove the
filiation by his parent in admitted. administration of the
a public document or
sacrament of baptism.
a private handwritten
instrument and signed
by said parent

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 PERSONS & FAMILY RELATIONS

Benitez – Badua vs. Court of Unsigned birth certificates are erred in giving too much
Appeals G.R. No. 105625, not evidence of recognized credence in the baptismal
Jan. 24, 1994 filiation. certificate of Crisanta to
Under Article 410 of In the instant case, the court prove that she was the
the NewCivil Code, "the ruled that the Birth Certificate daughter of Caridad and not
books making up the Civil presented was not signed by of Mamerta, the original
Registry and all documents Francisco against whom registered owner of the
relating thereto shall be legitimate filiation is asserted. property under controversy.
considered public Not even by Genoveva. It Means Allowed By the Rules of
documents and shall be was signed by the attending Court:
prima facie evidence of the physician, one Rebecca De 1. An act or declaration
facts therein stated." Guzman, who certified to concerning pedigree.
In the instant case, the having attended the birth of a (Sec. 33, Rule 130, Rules of
Court).
totality of contrary evidence child. Such certificate, albeit
2. Family reputation or
presented by the sister and considered a public record of tradition concerning
nephew of Vicente show that a private document is, under pedigree. (Sec. 34, Rule
Isabel did not become Section 23, Rule 132 of the 130, Rules of Court).
pregnant as testified to by the Rules of Court, evidence only 3. Common reputation
respecting pedigree.
witnesses. Also the Deed of of the fact which gave rise to
(Sec. 35, Rule 130, Rules of
Extra-Judicial Settlement of its execution: the fact of birth
Court).
the Estate of the Deceased of a child. [25] Jurisprudence 4. Judicial admission. (Sec.
Isabel Chipongian executed teaches that a birth 2, Rule 129, Rules of
by Vicente himself and by certificate, to be considered Court).
Isabel’s brother, stated that as validating proof of 5. Admissions of a party.
(Sec. 22, Rule 130, Rules of
they are the sole heirs of the paternity and as an
Court).
deceased Isabel Chipongian instrument of recognition,
6. Admission by silence.
because she died without must be signed by the father (Sec. 23, Rule 130, Rules of
descendants or ascendants". and mother jointly, or by the Court).
In executing this Deed, mother alone if the father
Vicente effectively refuses. DNA (Deoxyribonucleic Acid)

repudiated the Certificate of Test Results

Live Birth of Marissa where it
appeared that Vicente was
Marissa’s father. Therefore,
Marissa’s petition before the
Supreme Court was dismissed.
Angeles vs. Maglaya
G.R. No. 153798, Sept. 2, 2005
Heirs of Cabals, et al. v. Court  DNA evidence can be
used as proof of paternity.
of Appeals GR 106314-15
The Court puts very high
The unjustified failure to probative value in DNA
present the birth certificate Test (Agustin vs. Court of
instead of the baptismal Appeals, G.R. No. 162571,
certificate or to otherwise June 15, 2005)
prove filiation by any of the  In assessing the probative
value of DNA evidence,
means recognized by law
courts should consider,
weigh heavily against inter alia, the following
Trinidad, et al. The lower court factors: how the samples

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 PERSONS & FAMILY RELATIONS

were collected, how they samples, whether proper analyst who conducted
were handled, the standards and the tests (Herrera vs. Alba,
possibility of procedures were G.R. No. 162571, June 15,
contamination of the followed in conducting 2005).
samples, the procedure the tests, and the
followed in analyzing the qualification of the

ARTICLE 173:
Action for Claiming Filiation (Legitimate Children)
The action to claim legitimacy
may be brought by the child
during his or her lifetime and shall
be transmitted to the heirs
should the child die during
minority or in a state of insanity.
In these cases, the heirs shall
have a period of five years
within which to institute the
action.
Action to Claim Legitimacy
Who may claim:
1. Child – exclusive and
personal right of child which
may be brought anytime
during his lifetime, regardless
of the proof presented to
support his claim.
2. Transmitted to heirs of the
child within a period of 5
years in case
a. Child dies during minority
b. Child dies in a state of
insanity
c. Child dies after action
has already been instituted
Q1: A child was born 310
days after the death of his
father. According to the law,
there is no presumption of
legitimacy or illegitimacy in
his case. During his lifetime,
the child did not want to
establish his legitimacy. The
child died at the age of 25
and was not insane when he
died. May the heirs of the
child bring the action to
establish the legitimacy of
the child? If so, what time is
given to them? If not, why
not?
ANSWER: No, the heirs are
not allowed to bring the
action because the facts
given do not constitute one
of the cases when the heirs
of the child are allowed to
bring such an action.
Here:
1. The child did not die
during his minority.
2. The child did not die in a
state of insanity.
3. The child did not
previously bring the
action.
Q2: In the preceding
question, suppose the child
died at the age of 19. May
his heirs bring an action to
establish the legitimacy of
the child?
ANSWER: Yes, in this case the
heirs are given five years
from the time the child died.
The heirs are allowed to
bring the action because
the child died during his
minority. If within the five-
year period no action is
brought by the heirs, they
are barred from bringing the
action in the future.
Q3: The heirs of a deceased
child brought an action to
establish the legitimacy of
the child. But the period of
five years granted by the law
had already elapsed. Will
the action prosper?
ANSWER: No, the action will
not prosper in view of the
expiration of the period
allowed by the law. Said the
Supreme Court: “While the
action to claim legitimacy
could have been brought by
the son at any time of his life,
it did not have this duration
for his heirs as said action is
transmitted to the same only
when the child dies during
minority or in a state of
insanity (or if the action had
already been commenced
by the child). In case where

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 PERSONS & FAMILY RELATIONS
the action is transmitted to
the heirs of the child, only a
period of five years is
allowed in which to institute
the action.’’ (Basa v.
Arquiza, 5 Phil. 187).
Eutiquio Marquino and
Maria Perenal-Marquino v.
IAC and Bibiana Romano-
ARTICLE 174:
Rights of Legitimated Children
Legitimate children shall have
the right:
(1) To bear the surnames of the
father and the mother, in
conformity with the
provisions of the Civil Code
on Surnames;
(2) To receive support from their
parents, their ascendants,
and in proper cases, their
brothers and sisters, in
conformity with the
provisions of this Code on
Support;
(3) To be entitled to the legitime
and other successional rights
granted to them by the Civil
Code.
Use of Surname
a. In the law of surnames, it is
provided that “legitimate
and legitimated children
shall principally use the
surname of the father.’’ (Art.
364). But the mother’s
surname may also be used
(Art. 174, Family Code), and
it would not be improper to
also include the surnames of
grandparents or other
ascendants.
©ALFARABI 2017
Pagadora GR 72078, June
27, 1994 52 SCAD 425
Article 173 of the Family
Code cannot be given
retroactive effect so as to
apply to the case at bench
because it will prejudice the
vested rights of petitioners
transmitted to them at the
time of the death of their
father. “Vested right’’ is a
b. Before the Civil Code, if a
father has illegitimate
children, the legitimate
children cannot prevent
said illegitimate children
from using the father’s
surname. (Catalina Osmeña
de Valencia, et al. v. Emilia
Rodriguez, et al., 84 Phil.
222). The Supreme Court
speaking through then
Justice Ricardo Paras (later
Chief Justice) held: We
concede that the plaintiffs
may use the surname of their
father “Valencia’’ as a
matter of right by reason of
the mere fact that they are
legitimate children, but we
cannot agree to the view
that this article grants
monopolistic propriety
control to the legitimate
children over the surname of
their father. In other words,
said article has marked a
right to which legitimate
children may not be
deprived (even by non-user
for a time) but it cannot be
interpreted as a prohibition
against the use by others of
right in property which has
become fixed and
established and is no longer
open to doubt or
controversy. It expresses the
concept of present fixed
interest, which in right reason
and natural justice should be
protected against arbitrary
State action.
what may happen to be the
surname of their father. If
plaintiff’s theory were
correct, they can stop
countless inhabitants for
bearing the surname
“Valencia.’’ Furthermore,
the father acquiesced in the
use of the surname by the
illegitimate children, but
even had there been an
objection, the illegitimate
children can still use the
disputed surname in the
absence of any law granting
exclusive ownership over a
surname. (Catalina Osmeña
de Valencia v. Rodriguez,
supra). In the case,
however, of Manuel, et al. v.
Republic, L-15811, Mar. 27,
1961, the Court had
occasion to rule that where
there is NO evidence that
the natural child was duly
recognized by his alleged
putative father, his petition
for change of surname from
that of his mother to his
father’s surname should be
DENIED, for he should not be
allowed to use a surname
4
 PERSONS & FAMILY RELATIONS

which otherwise he is not arrears may be a. The legitime of each

permitted to employ under
the law. The Supreme Court
further said that whereas
before the effectivity of the
New Civil Code, there was
no specific legal provision
regulating the use of
surnames, under the present
law, there are such
provisions, and thus a natural
child may use the father’s
surname only if there has
been acknowledgment.
Support
a. The right to receive support
cannot be renounced, nor
can it be transmitted to a
third person. Neither can it
be compensated with what
the recipient owes the
obligor. However, support in
compensated and legitimate child is half of the
renounced, and the right to parent’s estate divided by
demand the same may be the number of children. (Art.
transmitted by onerous or 888, Civil Code). The legitime
gratuitous title. must always be given unless
b. Support is everything that is the child is validly
indispensable for disinherited for a legal
sustenance, dwelling, cause. The free portion of
clothing, and medical the property may also be
attendance, according to given to the children or to
the social position of the any of them.
family. Support also includes b. If a child dies ahead of his
the education of the person father, the heir of the child
entitled to be supported until can get the child’s legitime
he completes his education from the father’s estate in
or training for some testamentary succession. In
profession, trade or legal succession, the heir of
vocation, even beyond the the child will get all that the
age of majority. child himself would have
inherited had he not died
ahead of the father
Legitime

ARTICLE 173:
Action for Claiming Filiation (Legitimate Children)
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©ALFARABI 2017
5
 PERSONS & FAMILY RELATIONS
ILLEGITIMATE CHILDREN
ARTICLE 175:
Action to Claim Illegitimacy
Illegitimate children may
establish their illegitimate filiation
in the same way and on the
same evidence as legitimate
children.
The action must be brought
within the same period specified
in Article 173, except when the
action is based on the second
paragraph of Article 172, in
which case the action may be
brought during the lifetime of
the alleged parent. (289a)
General Rule (Art.173):
Illegitimate children may
establish their illegitimate filiation
in the same way and on the
same evidence (primary or
secondary) as legitimate
children.
Action for Claiming Filiation or
Action to Claim Illegitimacy:
a. For actions based on primary
evidence, the same periods
stated in Art. 173 apply.
 If illegitimate filiation is
established by a record of
birth in the civil register or
a final judgment, or an
admission of filiation in a
public document or a
©ALFARABI 2017
PERSONS & FAMILY RELATIONS
private handwritten
instrument signed by the
parent concerned, the
action for recognition may
be brought by the child
during his lifetime (Guy, vs.
CA, G.R. No. 163707,
September 15, 2006).
Exception (par.2, Art.172):
b. For actions based on
secondary evidence, the
action may only be brought
during the lifetime of the
alleged parent.
 If the action is based
upon open and
continuous possession of
the status of an
illegitimate child, or any
other means allowed by
the rules or special laws,
it may be only brought
during the lifetime of the
alleged parent (Guy vs.
CA, ibid).
c. Unlike an action for
legitimacy, the right to claim
for status is NOT transmissible
to the heirs.
Procedural Aspects for Filiation
1. Prima facie case (case
backed by valid proofs,
unless proven otherwise by
affirmative defenses)
2. Affirmative defenses (only 2)
KEY NOTES:
“CONTINUOUS”
does not mean that the
concession of status shall
continue forever but only
that it shall not be of an
intermittent character
while it is continuous. The
possession of such status
means that, the father
has treated the child as
his own, directly and not
through others,
spontaneously, and
without concealment,
though without publicity.
There must be a showing
of permanent intention of
the supposed father to
consider the child as his
own by continuous and
clear manifestation of
paternal affection and
care (Mendoza vs. CA,
G.R. No. 86302
September 24, 1991).
PATERNAL AFFECTION
AND CARE must not be
attributed to pure charity.
“Such acts must be of
such a nature that they
reveal not only the
conviction of paternity,
but also the apparent
desire to have and treat
the child as such in all
relations in society and in
life, not accidentally, but
continuously” (Jison vs.
CA, GR. No. 8454, April 13,
1956).
6
 PERSONS & FAMILY RELATIONS

a. Incapability of sexual
relations (due to physical Effects of Age in Action of Filiation KEY NOTES:
impossibility or impotency) 1. If still minor upon effectivity of
b. Mother had sexual Family Code, right for action If the UNSIGNED RECORD
relations with other men. is retained. OF BIRTH can be a proof
3. Presumption of legitimacy. 2. If already of age, right for of filiation of the child, it
4. Physical resemblance action is revoked. would be easy for a
woman to vest legitimate
between father and child.
status to an illegitimate
child. Hence, an
ARTICLE 176: unsigned record of birth
cannot be used as proof
Use of surname of illegitimate children of filiation (Reyes v. Court
Illegitimate children shall use the of Appeals, GR. 39537,
9255 amended March 19, 1985).
surname and shall be under the Art. 176, FC
parental authority of their USE OF SURNAME OF
Receive Receive ILLEGITIMATE CHILDREN
mother, and shall be entitled to Even if recognized by
support from support only up
support in conformity with this father, he cannot compel
ascendants or to child to use surname
Code. However, illegitimate
descendants grandparent (MAY USE).
children may use the surname of
of the same and
their father if their filiation has
line. grandchildren
been expressly recognized by
Entitled to the Legitime is ½ of
the father through the record of
legitime in the legitime of
birth appearing in the civil
succession a legitimate
register, or when an admission in
child
a public document or private
handwritten instrument is made Right to inherit No right to
by the father. Provided, the ab intestato inherit as such
father has the right to institute an from legitimate
action before the regular courts children and
to prove non-filiation during his relatives of his
lifetime. The legitime of each father and
illegitimate child shall consist of mother
one-half of the legitime of a
legitimate child. (As amended
R.A. No. 9255
by Republic Act No. 9255).
An Act Allowing Illegitimate
Children to use the surname of
RIGHTS OF CHILDREN
their Father, amending for the
Legitimate Illegitimate
purpose Article 176 of EO No.
Use of father & Use of mother‘s
209, otherwise known as the
mother’s surname
"FAMILY CODE OF THE
surname
PHILIPPINES" (approved
Note:
February 24, 2004).
However, R.A.

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 PERSONS & FAMILY RELATIONS

Illegitimate children may use the live birth, proved filiation.

surname of their father if: Ruling: No, the defense of However, a student permanent
Their filiation has been expressly petitioner is not meritorious. record, a written consent to a
recognized by the father There are four significant fathers operation, or a marriage
through the record of birth procedural aspects of a contract where the putative
appearing in the civil register, or traditional paternity action father gave consent, cannot be
When an admission in a public which parties have to face: a taken as authentic writing.
document or private prima facie case, affirmative Standing alone, neither a
handwritten instrument is made defenses, presumption of certificate of baptism nor family
by the father; provided, that the legitimacy, and physical pictures are sufficient to
father has the right to institute an resemblance between the establish filiation. Also, there is
action before the regular courts putative father and child. now almost universal scientific
to prove non-filiation during his Furthermore, Under Article 278 of agreement that blood grouping
lifetime. the New Civil Code, voluntary tests are conclusive on non-
recognition by a parent shall be paternity, although inconclusive
Herrera vs Alba made in the record of birth, a on paternity. Finally, no legal
G.R. No. 148220 will, a statement before a court impediment prohibits DNA
June 15, 2005 of record, or in any authentic testing, so long there is an
writing. To be effective, the opinion of an expert in it that
Facts: Respondent-parent claim of filiation must be made testifies (1) based on sufficient
(Alba) contends that petitioner by the putative father himself data, (2) based on a product of
(Herrera) is the father of her and the writing must be the reliable principles and methods,
child, herein minor respondent. writing of the putative father. A and (3) which applies those
She prays that they undergo notarial agreement to support a principles and methods.
DNA testing to shorten the child whose filiation is admitted The Court sees no question to its
proceedings. Petitioner by the putative father was admissibility, seeing that there is
contends the admissibility of the considered acceptable no posing legal prohibition; thus,
test, as no law is enacted for its evidence. Letters to the mother petitioner's defense is not
recognition. vowing to be a good father to meritorious.
the child and pictures of the
Issue: Whether or not the putative father cuddling the
defense of petitioner is child on various occasions,
meritorious. together with the certificate of

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 PERSONS & FAMILY RELATIONS

LEGITIMATED CHILDREN
PERSONS & FAMILY RELATIONS

KEY NOTES:
ARTICLE 177-178:
Requisites for Legitimation LEGITIMATION:
Art. 177. Children conceived only because either or both  It is a remedy by means
of which those who in
and born outside of wedlock of of them were below fact were conceived
parents who, at the time of eighteen (18) years of age and born outside of
wedlock and should
conception of the former, were at the time of child’s
therefore be
not disqualified by any conception may be considered illegitimate
impediment to marry each legitimated (Art. 177, as are by legal fiction
considered legitimate.
other, or were so disqualified amended by R.A. 9858). It shall take place only
only because either or both of c. There is a valid marriage by the subsequent valid
subsequent to the child’s marriage between the
them were below eighteen (18) biological parents
birth (Art. 178).
years of age, may be  It creates for the
legitimated child the
legitimated. (As amended by Note: Children born out of total and full extent of
R.A. No. 9858, Dec. 20, 2009) wedlock to parents who were the blood-relationship
existing within the family
not allowed by law to marry for to include all
Art. 178. Legitimation shall take being minors are now qualified descendants,
place by a subsequent valid ascendants and
for legitimation. This has been
collateral relative,
marriage between parents. The made possible by RA 9858, unlike in adoption
annulment of a voidable approved on December 20, where only a parent-
child relationship is
marriage shall not affect the 2009 and has amended Article created. (Sta. Maria,
legitimation. 177 of the Family Code of the M., Persons and Family
Relations, 2010, p. 661)
Philippines. Before RA 9858,
Requisites for Legitimation (NIM) Article 177 stated that only “LEGITIMATED” children
a. The child was conceived are illegitimate children
children born out of wedlock to
and born outside of who because of the
wedlock or illegitimate. parents who were not subsequent marriage of
b. General rule: disqualified from getting married their parents are, by legal
The parents, at the time of fiction, considered
at the time of conception could legitimate.
the child's conception,
were not disqualified by any be legitimized. Under the
If the subsequent
impediment to marry each present law, legitimation would
marriage is NOT valid,
other.
automatically take place upon there is NO LEGITIMATION.
Exception (R.A. 9858) Ex: (1) bigamous
marriage of the parents.
Children born to parents marriage and (2)
Moreover, couples who had incestuous marriage.
who were so disqualified
children when they were below

©ALFARABI 2017
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 PERSONS & FAMILY RELATIONS

the marrying age would not W/N his three illegitimate the time they were born, there
need to go through the process children with Priscilla Baybayan was an existing valid marriage
of having to adopt their own may be legitimated. between respondent and his first
offspring just so their kids could wife, Teresita B. Tabiliran.
enjoy the rights of legitimate Ruling: No, his three illegitimate
children. children with Priscilla Baybayan The reasons for this limitation are
may NOT be legitimated. as follows:
Laws providing for the process of Article 164 of the Family Code 1. The rationale of legitimation
legitimation are remedial in partly provides, “Children would be destroyed;
2. It would be unfair to the
character intended for the conceived or born during the legitimate children in terms
benefit and protection of the marriage of the parents are of successional rights;
innocent offspring and, legitimate.” 3. There will be the problem of
public scandal, unless social
therefore, may be applied In this case, the three children mores change;
retrospectively (Lund’s Estate, were conceived and born by 4. It is too violent to grant the
privilege of legitimation to
162 ALR 606) and must be the respondent’s paramour
adulterous children as it will
liberally construed (Cardenas vs. during the valid marriage of his destroy the sanctity of
Cardenas, 12 Ill. App 2d 497, 63 first wife, Teresita B. Tabiliran, and marriage;
5. It will be very scandalous,
Alr2rd 1001 as cited in Sta. Maria, is deemed a legitimate child.
especially if the parents
p. 659). marry many years after the
The fact that the three children birth of the child.
Abadilla vs Tabiliran, Jr. were conceived and born out of
Example of Valid Legitimation:
illicit relationship and there is
Mr. A and Ms. B a high school
Facts: impediment to marry each
graduating students are
 Administrative case filed by other. The three children of
Ma. Blyth B. Abadilla, a Clerk boyfriend and girlfriend
Priscilla Baybayan is illegitimate
of Court of respondent, Judge happens to be in a hotel that Ms.
Jose C. Tabiliran, Jr. children. Under Article 177 of the
B thereafter got pregnant and
 Abadilla, in respect to the Family Code provides, “Only
charge of gross immorality on gave birth to baby Lodi,
children conceived and born
the part of the respondent, illegitimate child, on January 1,
contends that respondent outside of wedlock of parents
2014. One year after his birth, A
had scandalously and publicly who, at the time of the
cohabited with a certain and B got married that made
conception of the former, were
Priscilla Q. Baybayan during baby Lodi a legitimated child
the existence of his legitimate not disqualified by any
marriage with Teresita (Art. 177).
impediment to marry each
Banzuela. However, A and B got married
other may be legitimated.” Even
 Respondent caused to be without a parental consent and
registered as “legitimate”, his though the respondent
three illegitimate children with on January 1, 2016, their
subsequently married to Priscilla,
Priscilla Baybayan. marriage was annulled but
these three children cannot be
baby Lodi status is still
legitimated nor in any way be
Issue: legitimated (Art. 178).
considered legitimate since at

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 PERSONS & FAMILY RELATIONS

ARTICLE 179:
Rights of Legitimated Children
Legitimated children shall enjoy his (RA9255, waived or compromised.
the same rights as legitimate Revilla Law) (De Asis vs CA, 1999)
 Parental authority over an
children. (272a) Succession illegitimate child belongs to
Those ½ the share of the mother. (David vs CA,
1995)
RIGHTS OF THE LEGITIMATE AND granted in a legitimate
 Parental authority over an
ILLEGITIMATE CHILD (SSS): the civil code child illegitimate child of the
Legitimate/ Illegitimate Support mother may be temporarily
Legitimated denied by reason of her
In entitle to incapacity. (Tonog vs CA,
Surname accordance support but 2002)
Of the father uses surname with the support will  The father cannot force the
use of his surname without
and mother of provision of come from first establishing legitimacy.
mother but the Family separate Under RA 9255, only an
the father’s Code properties of acknowledgement by the
father is necessary for the
surname may parent use of the father’s surname.
be used if (Mossesgeld vs CA, 1998)
father has  An illegitimate child already
Note:
given the father’s surname
explicitly  A legitimate child’s use of without the latter’s
recognized the father’s surname is acknowledgement must
mandatory. (Republic vs revert to using the mother’s
the child as
Vicencio, 1998) surname. (Capote vs CA,
 Obligation to support a 2007)
legitimate child cannot be

ARTICLE 180-182:
Effects of Legitimation
Art. 180. The effects of their cause of action accrues. who are prejudiced in their
legitimation shall retroact to the (275a) rights.
5. Generally refers to those
time of the child's birth. (273a) who would suffer economic
Effects of Legitimation or material injury by
Art. 181. The legitimation of 1. Legitimated children shall legitimation such as
testamentary or intestate
children who died before the enjoy the same rights as
legitimate children (Art. 179) heirs (Sta. Maria, M., Persons
celebration of the marriage shall 2. The effects of legitimation and Family Relations, 2010,
p. 663).
benefit their descendants. (274) shall retroact to the time of
the child’s birth (Art. 180)
3. The legitimation of children Bar (2009) Question (True or
Art. 182. Legitimation may be who died before the False): “A died child can be
impugned only by those who celebration of the marriage
shall benefit their legitimated.”
are prejudiced in their rights,
ascendants (Art. 181)
within five years from the time 4. Legitimation may be ANSWER: True. The law provides
impugned only by those
that the legitimation of children

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11
 PERSONS & FAMILY RELATIONS

died before the celebration of
the marriage benefits their
descendants or ascendants, as
the case maybe. Therefore, a
dead child can be legitimated.
Legitimation may be impugned
by:
a. Those who are prejudiced in
their rights.
 Generally refers to those
who would suffer
economic or material
injury by legitimation
such as testamentary or
intestate heirs (Sta.
Maria, M., Persons and
Family Relations, 2010, p.
663) or
 Persons whose shares in
the amount of support or
inheritance are
adversely affected by
the legitimation.
Prescription period in impugning
legitimation
Legitimation may be impugned
within 5 years from the time their
cause of action accrues, that is,
from the death of the putative
parent.
Legitimation may be impugned
on grounds like:
a. The subsequent marriage of
the child’s parents is void;
b. The child allegedly
legitimated is not natural; or
c. The child is not really the
child of the alleged parents.

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 PERSONS & FAMILY RELATIONS

ADOPTION
DOMESTIC ADOPTION ACT OF 1998 (R.A. NO. 8552, FEB. 25, 1998)

PERSONS & FAMILY RELATIONS

SECTION 1-3: KEY NOTES:

General Provisions
Sec. 1. Short Title. — This Act shall Hague Convention on the ADOPTION statutes, being
Protection of Children and humane and salutary,
be known as the “Domestic hold the interest and
Cooperation in Respect of
Adoption Act of 1998.” Inter-country Adoption. welfare of the child to be
of paramount
Toward this end, the State
consideration and are
shall provide alternative
Sec. 2. Declaration of Policies. — designed to provide
protection and assistance
(a.) It is hereby declared the homes, parental care
through foster care or and education for
policy of the State to ensure adoption for every child who unfortunate, needy or
that every child remains is neglected, orphaned, or orphaned children and
under the abandoned. give them the protection
care and custody of his/her (c.) It shall also be a State policy of society and family in
parent(s) and be provided to: the person of the adopter
with love, care, I. Safeguard the biological as well as to allow
understanding and security parent(s) from making childless couples to
towards the full and hurried decisions to experience the joys of
harmonious development of relinquish his/her parental parenthood and give
his/her personality. Only authority over his/her child; them legally a child in the
when such efforts prove II. Prevent the child from person of the adopted for
insufficient and no unnecessary separation the manifestation of their
appropriate placement or from his/her biological natural parental instincts.
adoption within the child’s parent(s); Every reasonable
extended family is available intendment should be
III. Protect adoptive parent(s)
shall adoption by an sustained to promote and
from attempts to disturb
unrelated person be fulfill these noble and
his/her parental authority
considered. compassionate
and custody over his/her
(b.) In all matters relating to the objectives of the law (In
adopted child. re: Petition for adoption of
care, custody and adoption Any voluntary or Michelle P. Lim, G.R. No.
of a child, his/her interest involuntary termination of 168992-93 May 21, 2009).
shall be the paramount parental authority shall be
consideration in administratively or
accordance with the tenets judicially declared so as to
set forth in the United Nations establish the status of the
(UN) Convention on the child as “legally available
Rights of the Child; UN for adoption” and his/her
Declaration on Social and custody transferred to the
Legal Principles Relating to Department of Social
the Protection and Welfare Welfare and Development
of Children with Special or to any duly licensed and
Reference to Foster accredited child-placing
Placement and Adoption, or child-caring agency,
Nationally and which entity shall be
Internationally; and the authorized to take steps for

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13
 PERSONS & FAMILY RELATIONS

the permanent placement (d.) “Involuntarily committed records that a certain child
of the child; child” is one whose was born to a person who is
IV. Conduct public parent(s), known or not his/her biological
information and unknown, has been mother, causing such child
educational campaigns to permanently and judicially to lose his/her true identity
promote a positive deprived of parental and status.
environment for adoption; authority due to
V. Ensure that sufficient abandonment; substantial, Adoption defined
capacity exists within continuous, or repeated The process of making a child,
government and private neglect; abuse; or
sector agencies to handle incompetence to discharge whether related or not to the
adoption inquiries, process parental responsibilities. adopter, possess in general,
domestic adoption (e.) “Abandoned child” refers to rights accorded to a legitimate
applications, and offer one who has no proper
adoption-related services parental care or child (Paras, E. Civil Code of the
including, but not limited guardianship or whose Philippines Annotated, 2008 ed.,
to, parent preparation parent(s) has deserted
p. 691).
and post adoption him/her for a period of at
education and least six (6) continuous
counseling; and months and has been LEGITIMATION VS. ADOPTION
VI. Encourage domestic judicially declared as such.
Legitimation Adoption
adoption so as to preserve (f.) “Supervised trial custody” is
the child’s identity and a period of time within which Legal The law The law
culture in his/her native a social worker oversees the
land, and only when this is adjustment and emotional effect merely creates
not available shall inter- readiness of both adopter(s) makes by
country adoption be and adoptee in stabilizing legal fiction a
considered as a last resort. their filial relationship.
(g.) “Department” refers to the what relation

Sec. 3. Definition of Terms. — For Department of Social exists by which

Welfare and Development. nature did not
purposes of (h.) “Child-placing agency” is a
this Act, the following terms shall duly licensed and in fact
accredited agency by the exist
be defined as:
Department to provide
(a.) “Child” is a person below comprehensive child Persons Natural Stranger
eighteen (18) years of age. welfare services including, affected Children s(gener
(b.) “A child legally available for but not limited to, receiving
adoption” refers to a child ally)
applications for adoption,
who has been voluntarily or evaluating the prospective Procedur Extrajudic Always
involuntarily committed to adoptive parents and
the Department or to a duly e ial acts of by
preparing the adoption
licensed and accredited home study. parents judicial
child-placing or child-caring (i.) “Child-caring agency” is a decree
agency, freed of the duly licensed and
parental authority of his/her accredited agency by the Who Both Both
biological parent(s) or Department that provides should parents parents,
guardian or adopter(s) in twenty-four (24)-hour
case of rescission of residential care services for apply with
adoption. abandoned, orphaned, excepti
(c.) “Voluntarily committed neglected, or voluntarily
child” is one whose parent(s) ons
committed children.
knowingly and willingly (j.) “Simulation of birth” is the allowing
relinquishes parental tampering of the civil registry only
authority to the Department. making it appear in the birth

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14
 PERSONS & FAMILY RELATIONS

one of g parents Judge Campos, G.R. No. L-

42955-56 July 30, 1979).
them to but also
It creates between two
apply to other persons a relationship similar
[RA relatives to that which results from
legitimate paternity and
8552] filiation.
Effect on Same Creates Nature of adoption proceedings 2. Adoption proceedings are
IN REM and publication
parent- status a 1. Adoption is a juridical act.
serves as constructive notice
Only an adoption made
child and rights relations to the whole world (Santos
through the court, or in
relationsh with that hip only vs. Aranzanso, L-23828,
pursuance with the
February 28, 1966).
ip of a betwee procedure laid down under
May only be proven by a
Rule 99 of the Rules of Court
legitimat n the judicial decree issued by a
is valid in this jurisdiction. It is
e child child not of natural law at all, but court of competent
not only and the is wholly and entirely
jurisdiction, not by open and
artificial. To establish the
in relation adoptin relation, the statutory continuous cohabitation.
to the g requirements must be strictly
legitimizin parents carried out, otherwise, the
adoption is an absolute
nullity (Lazatin vs. Hon.

SECTION 4-6:
Pre-adoption Services
Sec. 4. Counseling Services. —
The Department shall provide
the services of licensed social
workers to the following:
(a.) Biological Parent(s) — which has custody of the child to
Counseling shall be
provided to the parent(s)
(b.) Prospective
before and after the birth of
his/her child. No binding
commitment to an adoption
plan shall be permitted
before the birth of his/her
child. A period of six (6)
months shall be allowed for
the biological parent(s) to
reconsider any decision to
relinquish his/her child for
(c.) Prospective Adoptee —
adoption before the
decision becomes
irrevocable. Counseling and
rehabilitation services shall
also be offered to the
biological parent(s) after
he/she has relinquished
his/her child for adoption.
©ALFARABI 2017
Steps shall be taken by the Sec. 5. Location of Unknown
Department to ensure that Parent(s). — It shall be the duty
no hurried decisions are
made and all alternatives for of the Department or the child
the child’s future and the placing or child-caring agency
implications of each
alternative have been
provided. exert all efforts to locate his/her
Adoptive unknown biological parent(s). If
Parent(s) — Counseling
such efforts fail, the child shall be
sessions, adoption for a and
seminars, among others, registered as a foundling and
shall be provided to subsequently be the subject of
prospective adoptive
legal proceedings where he/she
parent(s) to resolve possible
adoption issues and to shall be declared abandoned.
prepare him/her for
effective parenting.
Sec. 6. Support Services. — The
Counseling sessions shall be Department shall develop a pre-
provided to ensure that adoption program which shall
he/she understands the
include, among others, the
nature and effects of
adoption and is able to above-mentioned services.
express his/her views on
adoption in accordance
Pre-adoption Services
with his/her age and level of
maturity.
15
 PERSONS & FAMILY RELATIONS

The DSWD shall provide for the PRE-ADOPTION PROCEDURE

following services: Pre-adoption Procedures VOLUNTARY COMMITMENT
1. Counseling services for – 1. Voluntary Commitment of
a. biological parents [Sec. biological mother wanting Counseling on her options other
4(a)], to put her child up for than adoption
adoption (see figure).
Note: No binding commitment 2. Involuntary Commitment of
abandoned or neglected
for and adoption plan shall be child (see figure). Explaining to her the implications
permitted before the birth of his 3. Required supporting of losing her parental authority
documents for a petition for over the child
or her child.
the declaration of
involuntary commitment: Continuing services shall be
A period of 6 months shall be a. Social Case Study Report provided after relinquishment to
by DSWD / LGU / cope with feelings of loss, etc.
allowed for the biological
institution charged with and other services for his/her
parent(s) so reconsider any child’s custody reintegration to the community
decision to relinquish his/her b. Proof of efforts to locate
the child’s Biological parent(s) who decide to
child for adoption before the
parents/known relatives keep the child shall be provided
decision becomes irrevocable.  Written certification with adequate services and
b. prospective adoptive that a local/national assistance to fulfill their parental
parents [Sec. 4 (b)] and radio/TV case was responsibilities
c. prospective adoptee aired on 3 different
[Sec. 4(c)] occasions Biological parent(s) who decide to
2. Exhaust all efforts to locate  Publication in 1 put the child for adoption shall
the unknown biological newspaper of general sign the Deed of Voluntary
parents circulation Commitment (DVC), which shall
 Police report / be rescissible within 3 months
barangay certification from signing of the same
Note: If efforts fail, child shall be
of due diligence c. Birth certificate, if
listed as a foundling and shall be  Returned registered available
judicially declared as mail to last known d. Recent photo and photo
address of parents upon abandonment of
abandoned [Sec. 5]
child

SECTION 7-9:
Eligibility
Sec. 7. Who May Adopt. – The for his/her children in his/her country has
following may adopt: keeping with the means of diplomatic relations with the
the family. The requirement Republic of the Philippines,
(a.) Any Filipino citizen of legal of sixteen (16) year that he/she has been living
age, in possession of full civil difference between the age in the Philippines for at least
capacity and legal rights, of of the adopter and adoptee three (3) continuous years
good moral character, has may be waived when the prior to the filing of the
not been convicted of any adopter is the biological application for adoption
crime involving moral parent of the adoptee, or is and maintains such
turpitude, emotionally and the spouse of the adoptee's residence until the adoption
psychologically capable of parent; decree is entered, that
caring for children, at least (b.) Any alien possessing the he/she has been certified by
sixteen (16) years older than same qualifications as his/her diplomatic or
the adoptee, and who is in a above stated for Filipino consular office or any
position to support and care nationals: Provided, That appropriate government

©ALFARABI 2017
16
 PERSONS & FAMILY RELATIONS
agency that he/she has the
legal capacity to adopt in
his/her country, and that
his/her government allows
the adoptee to enter his/her
country as his/her adopted
son/daughter: Provided,
Further, That the
requirements on residency
and certification of the
alien's qualification to adopt
in his/her country may be
waived for the following:
(i.) a former Filipino citizen
who seeks to adopt a
relative within the fourth
(4th) degree of
consanguinity or affinity;
or
(ii.) one who seeks to adopt
the legitimate
son/daughter of his/her
Filipino spouse; or
(iii.) one who is married to a
Filipino citizen and seeks
to adopt jointly with
his/her spouse a relative
within the fourth (4th)
degree of consanguinity
or affinity of the Filipino
spouse; or
(c.) The guardian with respect to
the ward after the
termination of the
guardianship and clearance
of his/her financial
accountabilities.
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
©ALFARABI 2017
(iii.) If the spouses are legally
separated from each
other.
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.
Sec. 8. Who May Be Adopted. –
The following may be adopted:
(a.) Any person below eighteen
(18) years of age who has
been administratively or
judicially declared available
for adoption;
(b.) The legitimate son/daughter
of one spouse by the other
spouse;
(c.) An illegitimate son/daughter
by a qualified adopter to
improve his/her status to that
of legitimacy;
(d.) A person of legal age if, prior
to the adoption, said person
has been consistently
considered and treated by
the adopter(s) as his/her
own child since minority;
(e.) A child whose adoption has
been previously rescinded;
or
(f.) A child whose biological or
adoptive parent(s) has died:
Provided, that no
proceedings shall be
initiated within six (6) months
from the time of death of
said parent(s).
Sec. 9. Whose Consent is
Necessary to the Adoption. –
After being properly counseled
and informed of his/her right to
give or withhold his/her
approval of the adoption, the
written consent of the following
PRE-ADOPTION PROCEDURE
INVOLUNTARY COMMITMENT
Filing of a petition at Regional
DSWD in the form of an affidavit
and with the required supporting
documents
Posting of the petition, then
recommendation by the Regional
Director of the DSWD (5 days
each)
Issuance of certification by
DSWD Secretary declaring the
child legally available for adoption
to the adoption is hereby
required:
(a.) The adoptee, if ten (10)
years of age or over;
(b.) The biological parent(s) of
the child, if known, or the
legal guardian, or the proper
government instrumentality
which has legal custody of
the child;
(c.) The legitimate and adopted
sons/daughters, ten (10)
years of age or over, of the
adopter(s) and adoptee, if
any;
(d.) The illegitimate
sons/daughters, ten (10)
years of age or over, of the
adopter if living with said
adopter and the latter's
spouse, if any; and
(e.) The spouse, if any, of the
person adopting or to be
adopted.
Who may adopt: (LPG-CONE)
1. Filipino citizen [Sec. 7 (a)]:
(a.) Of legal age
(b.) In a position to support and
care for his/her children in
keeping with the means of
the family
(c.) Good moral character
(d.) In possession of full civil
capacity or legal rights
(e.) At least 16 years older than
the adoptee, except when:
17
 PERSONS & FAMILY RELATIONS

I. Adopter is the biological or affinity of the Filipino 3. Quality of marital

parent of the adoptee spouse relationship
II. Adopter is the spouse of 4. Feeling about children
the adoptee’s parent If a Filipino adopts an alien, the 5. Feeling about childlessness
(f.) Has not been convicted of adopted alien does not acquire and readiness to adopt
any crime involving moral Philippine citizenship because 6. Motivation (Sta. Maria, M.,
turpitude Persons and Family
(g.) Emotionally and such acquisition of citizenship Relations, 2010, p. 681).
psychologically capable of acquires the character of
caring for children In Re: Petition for Adoption of
naturalization which is
regulated, not by the Civil Code Michelle P. Lim (and Michael
2. Alien (S-DELL)
a. Same qualifications as a or the Family Code, but by Jude P. Lim), G.R. Nos. 168992-
Filipino special law (Ching Leng vs. 93, May 21, 2009
b. Country has diplomatic
Galang, G.R. No. L-11931,
relations with the Philippines.
c. Certified by said office that October 27, 1958). Facts: Monina Lim, petitioner,
his government allows the was married with Primo Lim but
adoptee to enter his country
3. Guardian (TC) [Sec. 7 (c)] were childless. Minor children,
as his adopted child
d. Has been living in the a. After termination of the were entrusted to them by
Philippines for at least three guardianship, with respect Lucia, whose parents were
(3) continuous years prior to
to the ward, and unknown as shown by a
the application for adoption
and maintains such b. Clearance of his/her certification of DSWD. The
residence until the adoption financial accountabilities spouses registered the children
decree is entered,
making it appears as if they
e. Certified to have legal
capacity to adopt by his/her Rule on adoption by spouses were the parents. Unfortunately,
diplomatic or consular office General rule: The husband and in 1998, Primo died. She then
but certification may be
the wife shall JOINTLY adopt. married an American Citizen,
waived in the same
instances for waiver of Angel Olario in December 2000.
residency requirement in (c) Petitioner decided to adopt the
Exceptions: (LIS)
1. One spouse seeks to adopt children in 2002, she singly filed
Note: Requirements listed under
the legitimate child of the separate petitions for adoption
(c), (d) and (e) may be waived
other spouse of Michelle who was then 25
if the alien is:
2. One spouse seeks to adopt years old and already married
i. A former Filipino citizen seeks
his/her own illegitimate child and Michael who was 18 years
to adopt a relative within the
with the consent of the other and seven months old.
4th degree of consanguinity
spouse Issue: Whether or not the rule on
or affinity
3. The spouses are legally joint adoption by spouses and
ii. One who seeks to adopt the
separated parental authority shall apply
legitimate son/daughter of
considering the petitioner’s
his/her Filipino spouse
Other factors to be considered in contentions that:
iii. One who is married to a
evaluating prospective parents: ON JOINT ADOPTION: Joint
Filipino citizen and seeks to
1. Total personality of the Adoption can no longer be
adopt jointly with his/her applicants possible because Olario has
spouse a relative within the 2. Emotional maturity
already filed a case for
4th degree of consanguinity

©ALFARABI 2017
18

dissolution of his marriage to
petitioner in LA, Supreme Court.
ON PARENTAL AUTHORITY: It is
the duty of the court and the
State to protect the paramount
interest and welfare of the child
to be adopted further argues
that parental authority is not
necessary in this case since at
the time the petitions were filed,
Michelle and Michael already
attained the age of majority.
Ruling: Yes, the rule on Joint
Adoption and parental authority
shall apply.
The Court held that in case
where there is a suit for nullity of
marriage, unless and until there
is a judicial decree for the
dissolution of the marriage, it is
deemed that such marriage still
subsists.
In this case, it is undisputed that
at the time the petitions for
adoption were filed, petitioner
had already remarried and filed
the petitions by herself, without
being joined by her husband.
Hence, the petition was denied
as it does not conform to the rule
on joint adoption.
While it is true that when the
child reaches the age
emancipation, such
emancipation terminates
parental authority over
person who shall be qualified
and responsible for all acts of
civil life.
©ALFARABI 2017
PERSONS & FAMILY RELATIONS
However, it is important to note
that parental authority is merely KEY NOTES:
just one of the effects of legal
An alleged capability to
adoption. support an adoptee
through the help of other
persons is not enough to
Who may be adopted: (Sec. 8)
support a petition for
(DARILL) adoption. According to
1. Child whose biological or the SC, adoption is
personal between the
adoptive parents have died, adopter and adoptee;
provided that no the adopter should be in
a position to support the
proceedings shall be would-be adopted child
initiated within 6 months in keeping with the
means of the family
from the time of death of
(Landingin v. Republic,
said parents GR No 164948, June 27,
2. Any person below 18 years 2006).
of age who has been SEC.9 OF R.A. 8552
voluntarily committed to the provides that if the written
consent of the biological
DSWD under P.D. 603 or parents cannot be
judicially declared available obtained, the consent of
the legal guardian must
for adoption
be sought. To dispense
3. Child whose adoption has with the requirement of
been previously rescinded written consent, the
abandonment must be
4. Illegitimate child of a shown to have existed at
qualified adopter to the time of adoption and
shows a settled purpose
improve the child’s status
to forego all parental
5. Legitimate child of the other duties. The written
spouse consent of the biological
parents is indispensable
6. A person of legal age, who, for the validity of a
prior to the adoption, has decree of adoption. The
natural right of parent to
been consistently child requires that
considered by the adopter consent be obtained
before parental rights
as his/her own child since
and duties may be
minority terminated and re-
of established in adoptive
parents. (Landingin vs.
Consent in adoption (Sec. 9) Republic, ibid).
(BALIS)
the The written consent of the
following is required:
1. The adoptee, if he is 10 years
of age or older;
19
 PERSONS & FAMILY RELATIONS

2. Known biological parents or Facts: Anna Marie filed a

legal guardians or proper
government instrumentality
which has legal custody of
the child;
3. Legitimate/adopted
children, 10 years old or
over, of the adopter and
adoptee;
4. The illegitimate children, 10
years old or over, of the
adopter if living with the
adopter and the latter's
spouse;
5. Spouse of the adopter and
adoptee
Consent of Natural Parent
Q1: Can minor children be
legally adopted without the
written consent of a natural
parent on the ground that the
latter has abandoned the?
ANSWER: In the affirmative,
provided that such
abandonment be proven.
Cang vs. Court of Appeals, G.R.
No. 105308, 1998
petition for legal separation Ruling: No, the petition for
upon learning of her husband's adoption will not prosper.
extramarital affairs, which the FC requires the written consent
trial court approved the petition. of the natural parents of the
Herbert sought a divorce from children to be adopted, but the
Anna Marie in the United States. consent of the parent who has
The court granted sole custody abandoned the child is not
of the 3 minor children to Anna, necessary.
reserving the rights of visitation In this case, the petition for
to Herbert. Private respondents adoption must be denied as it
who were the brother and sister- was filed without the required
in-law of Ana Marie filed a consent of their father who, by
petition for adoption of the law and under the facts of the
three minor Cang children. case at bar, has not abandoned
The trial court granted the them.
petition for adoption in which
Ana Marie was the only parent Who may not adopt/ be
who gives consent to the adopted Art. 184 (as amended
adoption of their children. The by RA 8552)
Court of Appeals affirmed the The following may not adopt:
trial court's decision. (1) The guardian, with respect
to the ward, prior to the
approval of the final
Issue: Whether or not the accounts rendered upon
petition for adoption will prosper the termination of the
guardianship
considering the petitioner’s
(2) Any person convicted of a
contention that said petition crime of moral turpitude
was fatally defective as it did not
have his written consent as a
natural father.

SECTION 10-15:
Procedure
Sec. 10. Hurried Decisions. – In all to sustain that all measures to
proceedings for adoption, the strengthen the family have been
court shall require proof that the exhausted and that
biological parent(s) has been prolonged stay of the child in
properly counseled to prevent his/her own home will
him/her from making hurried inimical to his/her welfare and
decisions caused by strain or interest.
anxiety to give up the child, and
Sec. 11. Case Study. – No
petition for adoption shall be set
any for hearing unless a licensed
social worker of the
be Department, the social service
office of the local government
unit, or any child-placing or
child-caring agency has made

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 PERSONS & FAMILY RELATIONS

a case study of the adoptee, Sec. 12. Supervised Trial of hearing has been complied
his/her biological parent(s), as Custody. – No petition for with, and no opposition has
well as the adopter(s), and has adoption shall be finally granted been interposed to the petition,
submitted the report and until the adopter(s) has been and after consideration of the
recommendations on the given by the court a supervised case studies, the qualifications
matter to the court hearing such trial custody period for at least of the adopter(s), trial custody
petition. six (6) months within which the report and the evidence
At the time of preparation of parties are expected to adjust submitted, the court is
the adoptee's case study, the psychologically and emotionally convinced that the petitioners
concerned social worker shall to each other and establish a are qualified to adopt, and that
confirm with the Civil Registry the bonding relationship. During the adoption would redound to
real identity and registered said period, temporary parental the best interest of the adoptee,
name of the adoptee. If the birth authority shall be vested in the a decree of adoption shall be
of the adoptee was not adopter(s). entered which shall be effective
registered with the Civil Registry, The court may motu proprio or as of the date the original
it shall be the responsibility of the upon motion of any party petition was filed. This provision
concerned social worker to reduce the trial period if it finds shall also apply in case the
ensure that the adoptee is the same to be in the best petitioner(s) dies before the
registered. interest of the adoptee, stating issuance of the decree of
The case study on the adoptee the reasons for the reduction of adoption to protect the interest
shall establish that he/she is the period. However, for alien of the adoptee. The decree shall
legally available for adoption adopter(s), he/she must state the name by which the
and that the documents to complete the six (6)-month trial child is to be known.
support this fact are valid and custody except for those
authentic. Further, the case enumerated in Sec. 7 (b) (i) (ii) Sec. 14. Civil Registry Record. –
study of the adopter(s) shall (iii). An amended certificate of birth
ascertain his/her genuine If the child is below seven (7) shall be issued by the Civil
intentions and that the adoption years of age and is placed with Registry, as required by the Rules
is in the best interest of the child. the prospective adopter(s) of Court, attesting to the fact
The Department shall intervene through a pre-adoption that the adoptee is the child of
on behalf of the adoptee if it placement authority issued by the adopter(s) by being
finds, after the conduct of the the Department, the registered with his/her surname.
case studies, that the petition prospective adopter(s) shall The original certificate of birth
should be denied. The case enjoy all the benefits to which shall be stamped "cancelled"
studies and other relevant biological parent(s) is entitled with the annotation of the
documents and records from the date the adoptee is issuance of an amended birth
pertaining to the adoptee and placed with the prospective certificate in its place and shall
the adoption shall be preserved adopter(s). be sealed in the civil registry
by the Department. records. The new birth
Sec. 13. Decree of Adoption. – If, certificate to be issued to the
after the publication of the order adoptee shall not bear any

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 PERSONS & FAMILY RELATIONS

notation that it is an amended Development (DSWD) filed an ADOPTION PROCEDURE

issue.
Sec. 15. Confidential Nature of
Proceedings and Records. – All
hearings in adoption cases shall
be confidential and shall not be
open to the public. All records,
administrative case
respondent, judge and SWO of
lower court after a petition for
adoption was granted without
coordinating with the DSWD to
comply with the required case
study reports.
against SEC. 10-15, ART. IV, R.A. 8552
Inquiry of prospective adopters at
DSWD
Attendance of DSWD Adoption
Fora and Seminars (include
counseling)

books, and papers relating to

the adoption cases in the files of
the court, the Department, or
any other agency or institution
participating in the adoption
proceedings shall be kept strictly
confidential.
If the court finds that the
disclosure of the information to a
third person is necessary for
purposes connected with or
arising out of the adoption and
will be for the best interest of the
adoptee, the court may merit
the necessary information to be
released, restricting the
purposes for which it may be
used.
Department of Social Welfare
and Development (DSWD) vs.
Judge Antonio M. Belen
A.M. No. RTJ-96-1362, July 18,
Application for Adoption
Issue: Whether or not granting a
petition for adoption base on
Case Study Report
the case study reports submitted
by a SWO of the court is valid Certificate of Availability for
considering the respondent Adoption
judge’s contention that that the
Matching
petition was granted after
finding that petitioner spouses in
Placement
the petition for adoption were
highly qualified to adopt and Supervised Trial Custody
basing on the "findings and
recommendation of the DSWD” Home Study Report
contained in the "Adoptive
Recommendation and Consent of
Home Study Report" and "Child DSWD
Study Report" prepared by the
local office of the DSWD through File Petition for Adoption within
respondent SWO. Furthermore, 30 days from Receipt of Consent
from DSWD
respondent SWO contend that
there was no directive from
Adoption Decree
respondent judge for her to
coordinate with the DSWD on
the matter of the required Recording of the Court Decision

1997 reports for said petition for

adoption. Entry to Civil Registry Record
The case study report by the
DSWD/LGU is indispensable. Ruling: No. An adoption decree “No petition for adoption shall
Without it, the adoption decree granted base on the case study be granted unless the
shall be void. reports submitted by a SWO of Department of Social Welfare,
the court is not valid or the Social Work and
Facts: Petitioner, social welfare Article 33 of the Child and Youth Counselling Division, …, has
officer (SWO) of Department of Welfare Code in part provides: made a case study of the child
Social Welfare and to be adopted, his natural

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 PERSONS & FAMILY RELATIONS

parents as well as the The case study report by the permitted to use as her middle
prospective adopting parents, SWO of the court is not name the surname of her
and has submitted its report and admissible. DSWD has the natural mother for the following
recommendations on the exclusive rights to conduct the reasons:
matter to the court hearing such case study and generate 1. It is necessary to preserve
petition. …” related reports therein. and maintain the child’s
Circular No. 12 in parts provides The respondent judge and SWO filiation with her natural
that: were censured and mother because under Art.
(1) To NOTIFY the Ministry of reprimanded respectively. 189 of the Family Code, she
Social Services and remains to be an intestate
Development, thru its local Note: DSWD must certify the heir of the latter. To prevent
agency, of the filing of adoption child as legally available for any confusion and needless
cases or the pendency thereof adoption as a prerequisite for hardship in the future, her
with respect to those cases adoption proceedings. (RA relationship or proof of that
already filed; 9253) relationship with her natural
(2) To strictly COMPLY with After the decree of adoption, mother should be
the requirement in Article 33 of the court may also issue a travel maintained;
the aforesaid decree… authority, if needed; DSWD to 2. There is no law expressly
xxx xxx xxx provide post adoption services prohibiting the adopted to
The Staff Assistant V. (Social use the surname of her
Worker) of the Regional Trial Effectivity of decree of adoption natural mother as her middle
Courts, if any, shall coordinate (Sec. 13) name. What the law does
with the Ministry of Social A decree of adoption shall be not prohibit, it allows; and
Services and Development effective as of the date the 3. It is customary for every
representatives in the original petition was filed. This Filipino to have a middle
preparation and submittal of applies also in case petitioner name, which is ordinarily the
such case study. . . . dies before the issuance of the surname of the mother (In
In this case, the court ruled that adoption decree, to protect the the Matter of the Adoption
there is negligence on both part interest of the adoptee. of Stephanie Nathy Astorga
of the respondent judge and Garcia, G.R. No. 148311,
SWO. Respondent judge and Middle name of adopted child March 31, 2005).
SWO should have notified DSWD The illegitimate child
so that a case study have been subsequently adopted by
conducted by the department. his/her natural father is

SECTION 16-18:
Effects of Adoption
Sec. 16. Parental Authority. – between the biological then be vested on the
Except in cases where the parent(s) and the adoptee shall adopter(s).
biological parent is the spouse be severed and the same shall
of the adopter, all legal ties

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 PERSONS & FAMILY RELATIONS

Sec. 17. Legitimacy. – The (b) Legitimacy (d) Name

adoptee shall be considered
the legitimate son/daughter of
the adopter(s) for all intents and
purposes and as such is entitled
to all the rights and obligations
provided by law to legitimate
sons/daughters born to them
without discrimination of any
kind. To this end, the adoptee is
entitled to love, guidance, and
support in keeping with the
means of the family.
Sec. 18. Succession. – In legal
and intestate succession, the
adopter(s) and the adoptee
shall have reciprocal rights of
succession without distinction
from legitimate filiation.
However, if the adoptee and
his/her biological parent(s) had
left a will, the law
testamentary succession shall
govern.
Effects of Adoption (SAL) & Rights
of Adopted Child:
(a) Parental Authority
Severance of legal ties between
the biological parents and the
adoptee, which shall be vested
in the adopters.
Exception: if the biological
parent is the spouse of the
adopter (Sec. 16).
Adoptee shall be considered as An adopted child shall bear the
a legitimate child of the surname of the adopter (CC,
adopter(s) for all intents and Art. 365).
purposes (Sec. 17). RA 8552 allows the change of
first name to be instituted in the
(c) Succession same proceeding as the
In legal or intestate succession, adoption: “the decree of
the adoptee and the adopter(s) adoption shall state the name
shall have reciprocal rights of by which the child is to be
succession without distinction known”.
from legitimate filiation.
However, if there is a will, the (e) Nationality
rules on testamentary Adoption does not confer
succession shall be followed citizenship: Sec. 3, Art. 4 of the
(Sec. 18). Constitution: Philippine
Art. 190 as amended. Rules on citizenship may be lost/acquired
legal or intestate succession to [only] in the manner provided by
the estate of the adoptee: law.
1. Legitimate and illegitimate The right to confer citizenship
children, descendants and belongs to the State (political)
the surviving spouse of the
adoptee shall inherit in and cannot be granted by a
on accordance with the citizen through adoption.
ordinary rules of Adoption creates a relationship
legal/intestate succession
2. When the surviving spouse between the adopter and
OR illegitimate children AND adoptee, not between the State
adopters concur, they shall
and the adoptee.
inherit on a 50-50 basis
3. When the surviving spouse
AND illegitimate children Note: Once an adoption decree
AND adopters concur, they
is issued, it cannot be attacked
shall inherit on a 1/3-/1/3-1/3
basis collaterally as in their action for
4. When only adopters survive, partition, but in a direct
they shall inherit 100% of the
proceeding frontally addressing
estate
5. When only collateral blood the issue (Sayson vs. CA, G.R.
relatives survive, ordinary Nos. 89224-25 January 23, 1992).
rules of legal or intestate
succession shall apply

SECTION 19-20:
Rescission of Adoption

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 PERSONS & FAMILY RELATIONS

Sec. 19. Grounds for Rescission The court shall order the Civil under Art 919 of the Civil Code
of Adoption. – Upon petition of Registrar to cancel the (Sec. 19).
the adoptee, with the amended certificate of birth of
assistance of the Department if the adoptee and restore his/her An adoptee refused to use the
a minor or if over eighteen (18) original birth certificate. surname of the adopter though
years of age but is Succession rights shall revert to already adopted. The adopter
incapacitated, as its status prior to adoption, but sought to rescind/revoke the
guardian/counsel, the adoption only as of the date of judgment Decree of Adoption (DOA), but
may be rescinded on any of the of judicial rescission. Vested the Domestic Adoption Act (R.A.
following grounds committed by rights acquired prior to judicial 8552) which removes the right of
the adopter(s): (a) repeated rescission shall be respected. adopter to challenge the
physical and verbal All the foregoing effects of validity of the DOA became
maltreatment by the adopter(s) rescission of adoption shall be effective. SC held that the
despite having undergone without prejudice to the adopter may disinherit the
counseling; (b) attempt on the penalties imposable under the adoptee, and that the latter has
life of the adoptee; (c) sexual Penal Code if the criminal acts the sole right to challenge the
assault or violence; or (d) are properly proven. DOA (Lahom v. Sibulo, G.R. No
abandonment and failure to 143989, July 14, 2003).
comply with parental Grounds for Rescission (ASAR)
obligations. Adoptee may file action for Grounds for disinheritance of
Adoption, being in the best rescission, with the assistance of adoptee by adopter (GAMM-
interest of the child, shall not be DSWD if he/she is a minor or over CARD)
subject to rescission by the 18 but incapacitated, based on Adoption, being in the best
adopter(s). However, the the following grounds (Sec. 19): interest of the child, shall not be
adopter(s) may disinherit the 1. Attempt on the life of the subject to rescission by the
adoptee for causes provided in adoptee adopter. However, the adopter
Article 919 of the Civil Code. 2. Sexual assault or violence may disinherit the child based
3. Abandonment and failure to on causes enumerated in CC,
Sec. 20. Effects of Rescission. – If comply with parental Art. 919:
the petition is granted, the obligations 1. Groundless accusation
parental authority of the 4. Repeated physical or verbal against the testator of a
adoptee's biological parent(s), if maltreatment by the crime punishable by six (6)
known, or the legal custody of adopter despite having years or more imprisonment
the Department shall be undergone counseling 2. Found guilty of an attempt
restored if the adoptee is still a against the life of the
minor or incapacitated. The Note: Adoption shall not be testator, his/her spouse,
reciprocal rights and obligations subject to rescission by the descendants or ascendants
of the adopter(s) and the adopters. However, the 3. causes the testator to make
adoptee to each other shall be adopters may disinherit the or changes a testator’s will
extinguished. adoptee for causes provided through violence,

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 PERSONS & FAMILY RELATIONS

intimidation, fraud or undue 2. Reciprocal rights and the money or property if the
influence obligations of the adopters adopted is subsequently
and the adoptee shall be
4. Maltreatment of the testator extinguished rescinded.
by word or deed 3. Court shall order the Civil
5. Conviction of a crime which Registrar to cancel the Being a legitimate child by virtue
amended certificate of birth
carries the penalty of civil of the adoptee and restore of adoption, it follows that the
interdiction his/her original birth child is entitled to all the rights
certificate
6. Adultery or concubinage provided by law to a legitimate
4. Succession rights shall revert
with testator’s spouse to its status prior to adoption, child. The adopted child
7. Refusal without justifiable but only as of the date of remains an intestate heir of
judgment of judicial
cause to support the parent his/her biological parents.
rescission
or ascendant 5. Vested rights prior to judicial Hence, she can well assert her
8. Leads a dishonorable or rescission shall be respected hereditary rights from her natural
disgraceful life. mother in the future (In the
Note: Successional vested rights
matter of adoption of Stephanie
subsist – Successional vested
Effects of Rescission [Sec. 20]: Nathy Astorga Garcia, GR No
rights acquired prior to the
1. Parental authority of the 148311 March 31, 2005).
adoptee's biological rescission subsist. Thus, if he
parents, if known, OR the acquired money or property as
legal custody of the DSWD Rescission contemplates a
inheritance when one of his
shall be restored if the situation where the adoption
adoptee is still a minor or adoptive parents died, the
decree remains valid until its
incapacitated adoptee retains ownership of
termination.

SECTION 21-22:
Violations and Penalties
Sec. 21. Violations and Penalties. (ii) non-compliance with Any physician or nurse or
(a) The penalty of imprisonment the procedures and hospital personnel who, in
ranging from six (6) years safeguards provided by
the law for adoption; or violation of his/her oath of
and one (1) day to twelve
(12) years and/or a fine not (iii) subjecting or exposing office, shall cooperate in the
less than Fifty thousand the child to be adopted execution of the
pesos (P50,000.00), but not to danger, abuse, or
exploitation. abovementioned crime shall
more than Two hundred
thousand pesos (b) Any person who shall cause suffer the penalties herein
(P200,000.00) at the the fictitious registration of
prescribed and also the penalty
discretion of the court shall the birth of a child under the
name(s) of a person(s) who of permanent disqualification.
be imposed on any person
who shall commit any of the is not his/her biological Any person who shall violate
following acts: parent(s) shall be guilty of
established regulations relating
(i) obtaining consent for an simulation of birth, and shall
be punished by prision to the confidentiality and
adoption through
coercion, undue mayor in its medium period integrity of records, documents,
influence, fraud, and a fine not exceeding
and communications of
improper material Fifty thousand pesos
(P50,000.00). adoption applications, cases,
inducement, or other
similar acts; and processes shall suffer the

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 PERSONS & FAMILY RELATIONS

penalty of imprisonment ranging ordinances, executive orders, own son/daughter: Provided,

from one (1) year and one (1) and proclamations. further, That the application for
day to two (2) years, and/or a When the offender is an alien, correction of the birth
fine of not less than Five he/she shall be deported registration and petition for
thousand pesos (P5,000.00) but immediately after service of adoption shall be filed within five
not more than Ten thousand sentence and perpetually (5) years from the effectivity of
pesos (P10,000.00), at the excluded from entry to the this Act and completed
discretion of the court. country. thereafter: Provided, finally, That
A penalty lower by two (2) Any government official, such person complies with the
degrees than that prescribed for employee or functionary who procedure as specified in Article
the consummated offense shall be found guilty of violating IV of this Act and other
under this Article shall be any of the provisions of this Act, requirements as determined by
imposed upon the principals of or who shall conspire with the Department.
the attempt to commit any of private individuals shall, in
the acts herein enumerated. addition to the above- Simulation of Birth
Acts punishable under this prescribed penalties, be Is the tampering of the civil
Article, when committed by a penalized in accordance with registry making it appear in the
syndicate or where it involves existing civil service laws, rules birth records that a certain child
two (2) or more children shall be and regulations: Provided, That was born to a person who is not
considered as an offense upon the filing of a case, either his/her biological mother,
constituting child trafficking and administrative or criminal, said causing such child to lose his/her
shall merit the penalty of government official, employee, true identity and status [R.A.8552
reclusion perpetua. or functionary concerned shall Art. 1 Sec. 3 (J)].
Acts punishable under this automatically suffer suspension
Article are deemed committed until the resolution of the case. Punished by prision mayor in its
by a syndicate if carried out by medium and a fine not
a group of three (3) or more Sec. 22. Rectification of exceeding P50, 000 under Sec.
persons conspiring and/or Simulated Births. – A person who 21 (b) of the same law.
confederating with one another has, prior to the effectivity of this
in carrying out any of the Act, simulated the birth of a A crime defined and punished
unlawful acts defined under this child shall not be punished for by Sec. 21 (b) of RA 8552
Article. Penalties as are herein such act: Provided, That the committed by any person who
provided, shall be in addition to simulation of birth was made for shall cause the fictitious
any other penalties which may the best interest of the child and registration of the birth of a child
be imposed for the same acts that he/she has been under the names of persons who
punishable under other laws, consistently considered and are not his/her biological
treated by that person as his/her parents.

SECTION 23-28:
Final Provision

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 PERSONS & FAMILY RELATIONS

Sec. 23. Adoption Resource and from the public and private
Referral Office. – There shall be sectors. Sec. 26. Repealing Clause. – Any
established an Adoption law, presidential decree or
Resources and Referral Office Sec. 24. Implementing Rules and issuance, executive order, letter of
under the Department with the Regulations. – Within six (6) months instruction, administrative order,
following functions: (a) monitor from the promulgation of this Act, rule, or regulation contrary to, or
the existence, number, and flow the Department, with the Council inconsistent with the provisions of
of children legally available for for the Welfare of Children, the this Act is hereby repealed,
adoption and prospective Office of Civil Registry General, modified, or amended
adopter(s) so as to facilitate their the Department of Justice, Office accordingly.
matching; (b) maintain a of the Solicitor General, and two
nationwide information and (2) private individuals representing Sec. 27. Separability Clause. – If
educational campaign on child-placing and child-caring any provision of this Act is held
domestic adoption; (c) keep agencies shall formulate the invalid or unconstitutional, the
records of adoption proceedings; necessary guidelines to make the other provisions not affected
(d) generate resources to help provisions of this Act operative. thereby shall remain valid and
child-caring and child-placing subsisting.
agencies and foster homes Sec. 25. Appropriations. – Such
maintain viability; and (e) do sum as may be necessary for the Sec. 28. Effectivity Clause. – This
policy research in collaboration implementation of the provisions Act shall take effect fifteen (15)
with the Inter-country Adoption of this Act shall be included in the days following its complete
Board and other concerned General Appropriations Act of the publication in any newspaper of
agencies. The office shall be year following its enactment into general circulation or in the
manned by adoption experts law and thereafter. Official Gazette.

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 PERSONS & FAMILY RELATIONS

INTER-COUNTRY ADOPTION OF 1995

(R.A. NO. 8043)609

PERSONS & FAMILY RELATIONS

SECTION 1-3: KEY NOTES:

General Provisions
INTER-COUNTRY
Sec. 1. Short Title. — This Act shall Sec. 3. Definition of Terms. — As ADOPTION ACT OF 1995
be known as the "Inter-Country used in this Act. the term: (R.A. 8043)
The socio-legal process of
Adoption Act of 1995." (a.) Inter-country adoption adopting a Filipino child
refers to the socio-legal by a foreigner or a Filipino
process of adopting a citizen permanently
Sec. 2. Declaration of Policy. — Filipino child by a residing abroad where
It is hereby declared the policy foreigner or a Filipino the petition is filed, the
of the State to provide every citizen permanently supervised trial custody is
residing abroad where undertaken, and the
neglected and abandoned the petition is filed, the decree of adoption is
child with a family that will supervised trial custody is issued outside the
undertaken, and the Philippines [Sec. 3 (a)].
provide such child with love and
decree of adoption is
care as well as opportunities for issued outside the
growth and development. Philippines.
(b.) Child means a person
Towards this end, efforts shall be
below fifteen (15) years of
exerted to place the child with age unless sooner
an adoptive family in the emancipated by law.
(c.) Department refers to the
Philippines. However,
Department of Social
recognizing that inter-country Welfare and
adoption may be considered as Development of the
Republic of the
allowing aliens not presently Philippines.
allowed by law to adopt Filipino (d.) Secretary refers to the
children if such children cannot Secretary of the
Department of Social
be adopted by qualified Filipino Welfare and
citizens or aliens, the State shall Development.
take measures to ensure that (e.) Authorized and
accredited agency refers
inter-country adoptions are to the State welfare
allowed when the same shall agency or a licensed
prove beneficial to the child's adoption agency in the
country of the adopting
best interests, and shall serve parents which provide
and protect his/her comprehensive social
services and which is duly
fundamental rights.
recognized by the
Department.

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 PERSONS & FAMILY RELATIONS

(f.) Legally-free child means a Child and Youth Welfare mutually satisfying parent-
child who has been Code. child relationship.
voluntarily or involuntarily (g.) Matching refers to the (h.) Board refers to the Inter-
committed to the judicious pairing of the country Adoption Board.
Department, in adoptive child and the
accordance with the applicant to promote a

SECTION 4-6:
The Inter-country Adoption Board
Sec. 4. The Inter-Country (d.) Prevent improper financial psychiatrist or psychologist, two
Adoption Board. — There is or other gain in (2) lawyers who shall have at
connection with an
hereby created the Inter- adoption and deter least the qualifications of a
Country Adoption Board, improper practices regional trial court judge, one (1)
contrary to this Act;
hereinafter referred to as the registered social worker and two
(e.) Promote the development
Board to act as the central of adoption services (2) representatives from non-
authority in matters relating to including post-legal governmental organizations
adoption;
inter-country adoption. It shall engaged in child-caring and
(f.) License and accredit
act as the policy-making body child-caring/placement placement activities. The
for purposes of carrying out the agencies and collaborate members of the Board shall
with them in the
provisions of this Act, in receive a per diem allowance
placement of Filipino
consultation and coordination children; of One thousand five hundred
with the Department, the (g.) Accredit and authorize pesos (P1,500) for each meeting
foreign adoption agency
different child-care and attended by them: Provided,
in the placement of Filipino
placement agencies, adoptive children in their own further, that no compensation
agencies, as well as non- country; and shall be paid for more than four
(h.) Cancel the license to
governmental organizations operate and blacklist the (4) meetings a month.
engaged in child-care and child-caring and
placement activities. As such, it placement agency or Sec. 6. Powers and Functions of
adoptive agency involved
shall: from the accreditation list the Board. — The Board shall
(a.) Protect the Filipino child of the Board upon a have the following powers and
from abuse, exploitation, finding of violation of any functions:
trafficking and/or sale or provision under this Act.
any other practice in (a.) to prescribe rules and
connection with adoption regulations as it may deem
Sec. 5. Composition of the reasonably necessary to
which is harmful,
detrimental, or prejudicial Board. — The Board shall be carry out the provisions of
to the child; composed of the Secretary of this Act, after consultation
(b.) Collect, maintain, and and upon favorable
the Department as ex officio recommendation of the
preserve confidential
information about the Chairman, and six (6) other different agencies
child and the adoptive members to be appointed by concerned with the child-
parents; caring, placement, and
the President for a adoption;
(c.) Monitor, follow up, and
facilitate completion of nonrenewable term of six (6) (b.) to set the guidelines for the
adoption of the child convening of an Inter-
years: Provided, That there shall
through authorized and country Adoption
be appointed one (1) Placement Committee
accredited agency;

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 PERSONS & FAMILY RELATIONS

which shall be under the of Filipino children in their governmental

direct supervision of the own country: Provided, organizations;
Board; That such foreign private (k.) to assist other concerned
(c.) to set the guidelines for the agencies are duly agencies and the courts in
manner by which authorized and the implementation of this
selection/matching of accredited by their own Act, particularly as regards
prospective adoptive government to conduct coordination with foreign
parents and adoptive inter-country adoption: persons, agencies and
child can be made; Provided, however, That other entities involved in
(d.) to determine a reasonable the total number of the process of adoption
schedule of fees and authorized and and the physical transfer
charges to be exacted in accredited foreign private of the child; and
connection with the adoption agencies shall (l.) to perform such other
application for adoption; not exceed one hundred functions on matters
(e.) to determine the form and (100) a year; relating to inter-country
contents of the (i.) to take appropriate adoption as may be
application for inter- measures to ensure determined by the
country adoption; confidentiality of the President.
(f.) to institute systems and records of the child, the
procedures to prevent natural parents and the Inter-Country Adoption Board
improper financial gain in adoptive parents at all
connection with adoption times; (Sec. 4)
and deter improper (j.) to prepare, review or It acts as the central authority in
practices which are modify, and thereafter, matters relating to inter-country
contrary to this Act; recommend to the
(g.) to promote the Department of Foreign adoption.
development of adoption Affairs, Memoranda of
services, including post- Agreement respecting
The Board shall ensure that all
legal adoption services, inter-country adoption
(h.) to accredit and authorize consistent with the possibilities for the adoption of
foreign private adoption implementation of this Act the child under the Family Code
agencies which have and its stated goals,
have been exhausted and that
demonstrated entered into, between
professionalism, and among foreign inter–country adoption is in the
competence and have governments, best interest of the child.
consistently pursued non- international organizations
profit objectives to and recognized
engage in the placement international non-

SECTION 7-15:
Procedure
Sec. 7. Inter-Country Adoption
as the Last Resort. — The Board
shall ensure that all possibilities
for adoption of the child under
the Family Code have been
exhausted and that inter-
country adoption is in the best
interest of the child. Towards this
end, the Board shall set up the
guidelines to ensure that steps
will be taken to place the child Sec. 8. Who May be Adopted. —
in the Philippines before the Only a legally free child may be
child is placed for inter-country the subject of inter-country
adoption: Provided, however, adoption. In order that such
that the maximum number that child may be considered for
may be allowed for foreign placement, the following
adoption shall not exceed six documents must be submitted
hundred (600) a year for the first to the Board:
five (5) years. (a.) Child study;

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(b.) Birth certificate/foundling (g.) agrees to uphold the basic documents written and officially
certificate; rights of the child as translated in English.
(c.) Deed of voluntary embodied under
commitment/decree of Philippine laws, the U.N. (a.) Birth certificate of
abandonment/death Convention on the Rights applicant(s);
certificate of parents; of the Child, and to abide (b.) Marriage contract, if
(d.) Medical evaluation by the rules and married, and divorce
/history; regulations issued to decree, if applicable;
(e.) Psychological evaluation, implement the provisions (c.) Written consent of their
as necessary; and of this Act; biological or adoptive
(f.) Recent photo of the child. (h.) comes from a country with children above ten (10)
whom the Philippines has years of age, in the form of
diplomatic relations and sworn statement;
Sec. 9. Who May Adopt. — An (d.) Physical, medical and
whose government
alien or a Filipino citizen maintains a similarly psychological evaluation
permanently residing abroad authorized and by a duly licensed
accredited agency and physician and
may file an application for inter- psychologist;
that adoption is allowed
country adoption of a Filipino under his/her national (e.) Income tax returns or any
child if he/she: laws; and document showing the
(i.) possesses all the financial capability of the
(a.) is at least twenty-seven applicant(s);
qualifications and none of
(27) years of age and at (f.) Police clearance of
the disqualifications
least sixteen (16) years applicant(s);
provided herein and in
older than the child to be (g.) Character reference from
other applicable
adopted, at the time of the local church/minister,
Philippine laws.
application unless the the applicant's employer
adopter is the parent by and a member of the
nature of the child to be Sec. 10. Where to File immediate community
adopted or the spouse of Application. — An application who have known the
such parent: applicant(s) for at least
to adopt a Filipino child shall be
(b.) if married, his/her spouse five (5) years; and
must jointly file for the filed either with the Philippine (h.) Recent postcard-size
adoption; Regional Trial Court having pictures of the applicant(s)
(c.) has the capacity to act and his immediate family;
and assume all rights and jurisdiction over the child, or with
(i.) The Rules of Court shall
responsibilities of parental the Board, through an apply in case of adoption
authority under his intermediate agency, whether by judicial proceedings.
national laws, and has
undergone the governmental or an authorized
appropriate counseling Sec. 11. Family Selection/
and accredited agency, in the
from an accredited Matching. — No child shall be
country of the prospective
counselor in his/her matched to a foreign adoptive
country; adoptive parents, which
(d.) has not been convicted of family unless it is satisfactorily
application shall be in
a crime involving moral shown that the child cannot be
accordance with the
turpitude; adopted locally. The clearance,
(e.) is eligible to adopt under requirements as set forth in the
his/her national law; as issued by the Board, with the
implementing rules and
(f.) is in a position to provide copy of the minutes of the
regulations to be promulgated
the proper care and meetings, shall form part of the
support and to give the by the Board.
necessary moral values records of the child to be
The application shall be
and example to all his adopted. When the Board is
supported by the following
children, including the
ready to transmit the Placement
child to be adopted;

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Authority to the authorized and which filed the application for the Board, shall cause the
accredited inter-country inter-country adoption shall be preparation of Executive
adoption agency and all the responsible for the trial custody Agreements with countries of
travel documents of the child and the care of the child. It shall the foreign adoption agencies
are ready, the adoptive parents, also provide family counseling to ensure the legitimate
or any one of them, shall and other related services. The concurrence of said countries in
personally fetch the child in the trial custody shall be for a period upholding the safeguards
Philippines. of six (6) months from the time of provided by this Act.
placement. Only after the lapse
Sec. 12. Pre-adoptive of the period of trial custody Who may be adopted (Sec. 8)
Placement Costs. — The shall a decree of adoption be Only a “legally-free child” may
applicant(s) shall bear the issued in the said country a copy be the subject of inter-country
following costs incidental to the of which shall be sent to the adoption
placement of the child; Board to form part of the records
(a) The cost of bringing the child of the child. Legally-free Child
from the Philippines to the During the trial custody, the A child who has been voluntarily
residence of the applicant(s) adopting parent(s) shall submit or involuntarily committed to the
abroad, including all travel to the governmental agency or DSWD of the Philippines, in
expenses within the Philippines the authorized and accredited accordance with the Child
and abroad; and agency, which shall in turn Youth and Welfare Code [Sec. 3
(b) The cost of passport, visa, transmit a copy to the Board, a (f)]
medical examination and progress report of the child's
psychological evaluation adjustment. The progress report No child shall be matched to a
required, and other related shall be taken into consideration foreign adoptive family unless it
expenses. in deciding whether or not to is satisfactorily shown that the
issue the decree of adoption. child cannot be adopted locally
Sec. 13. Fees, Charges and The Department of Foreign (Sec. 11).
Assessments.— Fees, charges, Affairs shall set up a system by
and assessments collected by which Filipino children sent There shall be no physical
the Board in the exercise of its abroad for trial custody are transfer of a voluntarily
functions shall be used solely to monitored and checked as committed child earlier than six
process applications for inter- reported by the authorized and (6) months from the date of
country adoption and to accredited inter-country execution of Deed of Voluntary
support the activities of the adoption agency as well as the Commitment except:
Board. repatriation to the Philippines of 1. Adoption by a relative
a Filipino child whose adoption 2. Children with special
Sec. 14. Supervision of Trial has not been approved. medical conditions
Custody. — The governmental
agency or the authorized and Sec. 15. Executive Agreements. In order that such child may be
accredited agency in the — The Department of Foreign considered for placement, the
country of the adoptive parents Affairs, upon representation of

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 PERSONS & FAMILY RELATIONS

following documents must be 6. Agrees to uphold the basic Mandatory period of 6 months
submitted to the Board: rights of the child as from the time of placement
a. Child study embodied under Philippine before a decree of adoption
b. Birth Certificate / Foundling laws, the U.N. Convention on may be issued. During this
Certificate
c. Deed of Voluntary the Rights of a Child, and to period, the adopting parents
Commitment/ Decree of abide by the rules and shall submit a progress report of
Abandonment/ Death regulations issued to the child’s adjustment which
Certificate of parents
d. Medical Evaluation / History implement the Inter–Country shall be taken into consideration
e. Psychological Evaluation, as Adoption Act in issuing the decree of
necessary
7. Comes from a country with adoption.
f. Recent photo of the child
whom the Philippines has
Who may adopt (Sec. 9) diplomatic relations and 1. Starts upon actual physical
1. Any alien or whose government transfer of the child to the
2. Filipino citizen, both maintains a similarly applicant who, as actual
permanently residing
authorized and accredited custodian, shall exercise
abroad
agency and that adoption is substitute parental authority
Conditions: (JAC-NERD--PQ) allowed under his/her over the person of the child
1. If married, his/her spouse national laws (Sec. 44, Implementing Rules
must jointly file for the 8. In a position to provide the of RA 8043)
adoption proper care and support 2. The adopting parent(s) shall
2. At least 27 years of age and and to give the necessary submit to the governmental
at least 16 years older than moral values and examples agency or authorized and
the child to be adopted, at to all his children, including accredited agency, which
the time of the application the child to be adopted shall in turn transmit a copy
unless the adopter is: 9. Possesses all the to the Board, a progress
a. Parent by nature of the qualifications and none of report of the child’s
child to be adopted or the disqualifications under adjustment.
b. Spouse of such parent the Inter–Country Adoption
3. Capacity to act and assume Act and other applicable Disruption and termination of
all rights and responsibilities Philippine laws placement: (Sec. 47,
of parental authority under Implementing Rules of RA 8043)
his/her national laws, and Filing of application (Sec.10): In the event of serious damage
has undergone the Either with the Philippine RTC in the relationship between the
appropriate counseling from having jurisdiction over the child child and applicant; or when
an accredited counselor in OR with the Inter-Country the continued placement is no
his/her country Adoption Board, through an longer in the best interests of the
4. Has not been convicted of a intermediate agency child:
crime involving moral
turpitude Supervision of trial custody (Sec. a. The Board through the
5. Eligible to adopt under 14) Central Authority shall take
his/her national law necessary measures to

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protect the child, in adoption where such is essential

particular cause the child to A copy of the final decree of to permit the accrual of some
be withdrawn from the adoption of the child, including benefit or advantage in favor of
applicant and arrange for certificate of the adopted child. In the instant
his temporary care citizenship/naturalization case, however, to hold that
b. The Central Authority shall whenever applicable, shall be parental authority had been
exhaust all means to remove transmitted by the foreign retroactively lodged in the
cause of unsatisfactory adoption agency to the Board adopting parents so as to
relationship within 1 month after its issuance burden them with liability for a
c. The Central Authority shall (Sec. 53, Implementing Rules of tortuous act that they could not
submit at complete report to RA 8043) have foreseen and which they
the Board as to the actions could not have prevented
taken as well as Presumption of illegal adoption: would be unfair and
recommendations. (Sec. 57, Implementing Rules of unconscionable.
d. Based on the report RA 8043) (CPEN)
submitted by the Central 1. Consent for adoption was Lazatin v. Campos (1979):
Authority, the Board may acquired through or Adoption is a juridical act,
attended by coercion,
terminate the pre-adoptive fraud, improper material proceeding in rem. Because it is
relationship. inducement artificial, the statutory
2. Procedures and safeguards requirements in order to prove it
provided by law for
Note: If the pre-adoptive adoption were not must be strictly carried out.
relationship is found complied with Petition must be announced in
3. Has exposed or subjected
unsatisfactory by the child or the publications and only those
the child to be adopted to
applicant or both, or if the danger, abuse or proclaimed by the court are
foreign adoption agency finds exploitation valid. Adoption is never
4. No authority to effect
that the continued placement presumed.
adoption from the Board
of the child is not in the child’s
best interest, said relationship Tamargo v. CA (1992): Where Santos v. Aranzanso (1966):
shall be suspended by the Board the petition for adoption was Validity of facts behind a final
and the foreign adoption granted after the child had shot adoption decree cannot be
agency shall arrange for the and killed a girl, the Supreme collaterally attacked without
child’s temporary care. Court did not consider the impinging on that court’s
retroactive effect given to the jurisdiction.
If a satisfactory pre-adoptive decree of adoption so as to
relationship is formed between impose a liability upon adopting DSWD v. Belen (1997):
the applicant and the child, the parents at a time when Participation of the appropriate
Board shall submit the written adopting parents had no actual government instrumentality in
consent to the adoption to the or physically custody over the performing the necessary
foreign adoption agency within child. Retroactive effect may studies and precautions is
30 days after receipt of the perhaps be given to the important and is indispensable
latter’s request. granting of the petition for to assure the child’s welfare.

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Landingin v. Republic (2006):
Consent for adoption must be
written and notarized.
Sayson v. CA (1992): Adopted
children do not have a right to
represent their adopters
successional interests. Although to inherit from the grandparent).
an adopted child is deemed to The relationship created by the
be a legitimate child and have adoption is between only the
the same rights as the latter, adopting parents and the
these rights do not include the adopted child. It does not
right of representation (because extend to the blood relatives of
in the adopted child has no right either party.

SECTION 16-17:
Penalties
Sec. 16. Penalties. — (a) Any 3. the procedures and constituting child trafficking and
person who shall knowingly safeguards placed under shall merit the penalty of
the law for adoption were
participate in the conduct or not complied with; and (4) reclusion perpetua.
carrying out of an illegal 4. the child to be adopted is Acts punishable under this
adoption, in violation of the subjected to, or exposed to Article are deemed committed
danger, abuse and
provisions of this Act, shall be exploitation. by a syndicate if carried out by
punished with a penalty of 5. Any person who shall violate a group of three (3) or more
established regulations
imprisonment ranging from six persons conspiring and/or
relating to the confidentiality
(6) years and one (1) day to and integrity of records, confederating with one another
twelve (12) years and/or a fine documents and in carrying out any of the
communications of
of not less than Fifty thousand unlawful acts defined under this
adoption applications,
pesos (P50,000), but not more cases and processes shall Article. Penalties as are herein
than Two hundred thousand suffer the penalty of provided shall be in addition to
imprisonment ranging from
pesos (P200.000), at the any other penalties which may
one (1) year and one (1) day
discretion of the court. For to two (2) years, and/or a be imposed for the same acts
purposes of this Act, an fine of not less than Five punishable under other laws,
thousand pesos (P5,000), but
adoption is illegal if it is effected ordinances, executive orders,
not more than Ten thousand
in any manner contrary to the pesos (P10,000), at the and proclamations.
provisions of this Act or discretion of the court.
A penalty lower by two (2)
established State policies, its Sec. 17. Public Officers as
degrees than that prescribed for
implementing rules and Offenders. — Any government
the consummated felony under
regulations, executive official, employee or functionary
this Article shall be imposed
agreements, and other laws who shall be found guilty of
upon the principals of the
pertaining to adoption. Illegality violating any of the provisions of
attempt to commit any of the
may be presumed from the this Act, or who shall conspire
acts herein enumerated.
following acts: with private individuals shall, in
Acts punishable under this
1. consent for an adoption was addition to the above-
acquired through, or Article, when committed by a
prescribed penalties, be
attended by coercion, syndicate or where it involves
fraud, improper material penalized in accordance with
two or more children shall be
inducement; existing civil service laws, rules
2. there is no authority from the considered as an offense
and regulations: Provided, That
Board to effect adoption;
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upon the filing of a case, either government official, employee automatically suffer suspension
administrative or criminal, said or functionary concerned shall until the resolution of the case.

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