Republic Act No.
8552 February 25, 1998
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF
FILIPINO CHILDREN AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Domestic Adoption Act of 1998."
Section 2. Declaration of Policies. – (a) It is hereby declared the policy of the State to
ensure that every child remains under the care and custody of his/her parent(s) and be
provided with love, care, understanding and security towards the full and harmonious
development of his/her personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child's extended family is available shall
adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest
shall be the paramount consideration in accordance with the tenets set forth in the
United Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and
Legal Principles Relating to the Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption, Nationally and Internationally; and the
Hague Convention on the Protection of Children and Cooperation in Respect of
Intercountry Adoption. Toward this end, the State shall provide alternative protection
and assistance through foster care or adoption for every child who is neglected,
orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to
relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological
parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental
authority and custody over his/her adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of the
child as "legally available for adoption" and his/her custody transferred to
the Department of Social Welfare and Development or to any duly
licensed and accredited child-placing or child-caring agency, which entity
shall be authorized to take steps for the permanent placement of the
child;
(iv) Conduct public information and educational campaigns to promote a
positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and private
sector agencies to handle adoption inquiries, process domestic adoption
applications, and offer adoption-related services including, but not
limited to, parent preparation and post-adoption education and
counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity
and culture in his/her native land, and only when this is not available
shall intercountry adoption be considered as a last resort.
Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be
defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been
voluntarily or involuntarily committed to the Department or to a duly
licensed and accredited child-placing or child-caring agency, freed of the
parental authority of his/her biological parent(s) or guardian or
adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and
willingly relinquishes parental authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s), known or
unknown, has been permanently and judicially deprived of parental
authority due to abandonment; substantial, continuous, or repeated
neglect; abuse; or incompetence to discharge parental responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of at
least six (6) continuous months and has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social
worker oversees the adjustment and emotional readiness of both
adopter(s) and adoptee in stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Welfare and
Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the
Department to provide comprehensive child welfare services including,
but not limited to, receiving applications for adoption, evaluating the
prospective adoptive parents, and preparing the adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the
Department that provides twenty four (24)-hour residential care services
for abandoned, orphaned, neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it
appear in the birth records that a certain child was born to a person who
is not his/her biological mother, causing such child to lose his/her true
identity and status.
ARTICLE II
PRE-ADOPTION SERVICES
Section 4. Counseling Service. – The Department shall provide the services of licensed
social workers to the following:
(a) Biological Parent(s) – Counseling shall be provided to the parent(s)
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 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.
Steps shall be taken by the Department to ensure that no hurried
decisions are made and all alternatives for the child's future and the
implications of each alternative have been provided.
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora
and seminars, among others, shall be provided to prospective adoptive
parent(s) to resolve possible adoption issues and to prepare him/her for
effective parenting.
(c) Prospective Adoptee – Counseling sessions shall be provided to ensure
that he/she understands the nature and effects of adoption and is able to
express his/her views on adoption in accordance with his/her age and
level of maturity.
Section 5. Location of Unknown Parent(s). – It shall be the duty of the Department or
the child-placing or child-caring agency which has custody of the child to exert all efforts
to locate his/her unknown biological parent(s). If such efforts fail, the child shall be
registered as a foundling and subsequently be the subject of legal proceedings where
he/she shall be declared abandoned.
Section 6. Support Services. – The Department shall develop a pre-adoption program
which shall include, among others, the above mentioned services.
ARTICLE III
ELIGIBILITY
Section 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and
legal rights, of good moral character, has not been convicted of any crime
involving moral turpitude, emotionally and psychologically capable of
caring for children, at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her children in keeping
with the means of the family. The requirement of sixteen (16) year
difference between the age of the adopter and adoptee may be waived
when the adopter is the biological parent of the adoptee, or is the spouse
of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for
Filipino nationals: Provided, That his/her country has diplomatic relations
with the Republic of the Philippines, that he/she has been living in the
Philippines for at least three (3) continuous years prior to the filing of the
application for adoption and maintains such residence until the adoption
decree is entered, that he/she has been certified by his/her diplomatic or
consular office or any appropriate government 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; o
 (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
(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.
Section 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).
Section 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 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.
ARTICLE IV
PROCEDURE
Section 10. Hurried Decisions. – In all proceedings for adoption, the court shall require
proof that the biological parent(s) has been properly counseled to prevent him/her from
making hurried decisions caused by strain or anxiety to give up the child, and to sustain
that all measures to strengthen the family have been exhausted and that any prolonged
stay of the child in his/her own home will be inimical to his/her welfare and interest.
Section 11. Case Study. – No petition for adoption shall be set for hearing unless a
licensed social worker of the Department, the social service office of the local
government unit, or any child-placing or child-caring agency has made a case study of
the adoptee, his/her biological parent(s), as well as the adopter(s), and has submitted
the report and recommendations on the matter to the court hearing such petition.
At the time of preparation of the adoptee's case study, the concerned social worker
shall confirm with the Civil Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be
the responsibility of the concerned social worker to ensure that the adoptee is
registered.
The case study on the adoptee shall establish that he/she is legally available for
adoption and that the documents to support this fact are valid and authentic. Further,
the case study of the adopter(s) shall ascertain his/her genuine intentions and that the
adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of
the case studies, that the petition should be denied. The case studies and other relevant
documents and records pertaining to the adoptee and the adoption shall be preserved
by the Department.
Section 12. Supervised Trial Custody. – No petition for adoption shall be finally granted
until the adopter(s) has been given by the court a supervised trial custody period for at
least six (6) months within which the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding relationship. During said period,
temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it
finds the same to be in the best interest of the adoptee, stating the reasons for the
reduction of the period. However, for alien adopter(s), he/she must complete the six
(6)-month trial custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective adopter(s)
through a pre-adoption placement authority issued by the Department, the prospective
adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the
date the adoptee is placed with the prospective adopter(s).
Section 13. Decree of Adoption. – If, after the publication of the order of hearing has
been complied with, and no opposition has been interposed to the petition, and after
consideration of the case studies, the qualifications of the adopter(s), trial custody
report and the evidence submitted, the court is convinced that the petitioners are
qualified to adopt, and that the adoption would redound to the best interest of the
adoptee, a decree of adoption shall be entered which shall be effective as of the date
the original petition was filed. This provision shall also apply in case the petitioner(s)
dies before the issuance of the decree of adoption to protect the interest of the
adoptee. The decree shall state the name by which the child is to be known.
Section 14. Civil Registry Record. – An amended certificate of birth shall be issued by
the Civil Registry, as required by the Rules of Court, attesting to the fact that the
adoptee is the child of the adopter(s) by being registered with his/her surname. The
original certificate of birth shall be stamped "cancelled" with the annotation of the
issuance of an amended birth certificate in its place and shall be sealed in the civil
registry records. The new birth certificate to be issued to the adoptee shall not bear any
notation that it is an amended issue.
Section 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, 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.
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in cases where the biological parent is the
spouse of the adopter, all legal ties between the biological parent(s) and the adoptee
shall be severed and the same shall then be vested on the adopter(s).
Section 17. Legitimacy. – The 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.
Section 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
on testamentary succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. – Upon petition of the adoptee, with
the assistance of the Department if a minor or if over eighteen (18) years of age but is
incapacitated, as guardian/counsel, the adoption may be rescinded on any of the
following grounds committed by the adopter(s): (a) repeated physical and verbal
maltreatment by the adopter(s) despite having undergone counseling; (b) attempt on
the life of the adoptee; (c) sexual assault or violence; or (d) abandonment and failure to
comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the
adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is granted, the parental authority of
the adoptee's biological parent(s), if known, or the legal custody of the Department shall
be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and
obligations of the adopter(s) and the adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the
adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of
judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the
penalties imposable under the Penal Code if the criminal acts are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand
pesos (P50,000.00), but not more than Two hundred thousand pesos (P200,000.00) at
the discretion of the court shall be imposed on any person who shall commit any of the
following acts:
(i) obtaining consent for an adoption through coercion, undue influence,
fraud, improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the
law for adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or
exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the
name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of
simulation of birth, and shall be punished by prision mayor in its medium period and a
fine not exceeding Fifty thousand pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/her oath of office,
shall cooperate in the execution of the abovementioned crime shall suffer the penalties
herein prescribed and also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents, and communications of adoption applications, cases,
and processes shall suffer the penalty of imprisonment ranging from one (1) year and
one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos
(P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the discretion of the
court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense
under this Article shall be imposed upon the principals of the attempt to commit any of
the acts herein enumerated. Acts punishable under this Article, when committed by a
syndicate or where it involves two (2) or more children shall be considered as an offense
constituting child trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out
by a group of three (3) or more persons conspiring and/or confederating with one
another in carrying out any of the unlawful acts defined under this Article. Penalties as
are herein provided, shall be in addition to any other penalties which may be imposed
for the same acts punishable under other laws, ordinances, executive orders, and
proclamations.
When the offender is an alien, he/she shall be deported immediately after service of
sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found guilty of violating
any of the provisions of this Act, or who shall conspire with private individuals shall, in
addition to the above-prescribed penalties, be penalized in accordance with existing civil
service laws, rules and regulations: Provided, That upon the filing of a case, either
administrative or criminal, said government official, employee, or functionary concerned
shall automatically suffer suspension until the resolution of the case.
Section 22. Rectification of Simulated Births. – A person who has, prior to the effectivity
of this Act, simulated the birth of a child shall not be punished for such act: Provided,
That the simulation of birth was made for the best interest of the child and that he/she
has been consistently considered and treated by that person as his/her own
son/daughter: Provided, further, That the application for correction of the birth
registration and petition for adoption shall be filed within five (5) years from the
effectivity of this Act and completed thereafter: Provided, finally, That such person
complies with the procedure as specified in Article IV of this Act and other requirements
as determined by the Department.
ARTICLE VIII
FINAL PROVISIONS
Section 23. Adoption Resource and Referral Office. – There shall be established an
Adoption Resources and Referral Office under the Department with the following
functions: (a) monitor the existence, number, and flow of children legally available for
adoption and prospective adopter(s) so as to facilitate their matching; (b) maintain a
nationwide information and educational campaign on domestic adoption; (c) keep
records of adoption proceedings; (d) generate resources to help child-caring and child-
placing agencies and foster homes maintain viability; and (e) do policy research in
collaboration with the Intercountry Adoption Board and other concerned agencies. The
office shall be manned by adoption experts from the public and private sectors.
Section 24. Implementing Rules and Regulations. – Within six (6) months from the
promulgation of this Act, the Department, with the Council for the Welfare of Children,
the Office of Civil Registry General, the Department of Justice, Office of the Solicitor
General, and two (2) private individuals representing child-placing and child-caring
agencies shall formulate the necessary guidelines to make the provisions of this Act
operative.
Section 25. Appropriations. – Such sum as may be necessary for the implementation of
the provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.
Section 26. Repealing Clause. – Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to, or
inconsistent with the provisions of this Act is hereby repealed, modified, or amended
accordingly.
Section 27. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and
subsisting.
Section 28. Effectivity Clause. – This Act shall take effect fifteen (15) days following its
complete publication in any newspaper of general circulation or in the Official Gazette.
Approved: February 25, 1998
AM 02-06-02-SC RULE ON ADOPTION
A. DOMESTIC ADOPTION
Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino
children.
Section 2. Objectives. – (a) The best interests of the child shall be the paramount
consideration in all matters relating to his care, custody and adoption, in accordance
with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN
Declaration on Social and Legal Principles Relating to the Protection and Welfare of
Children with Special Reference to Foster Placement and Adoption, Nationally and
Internationally, and the Hague Convention on the Protection of Children and
Cooperation in Respect of Inter-country Adoption.
(b) The State shall provide alternative protection and assistance through foster care or
adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this
end, the State shall:
(i) ensure that every child remains under the care and custody of his parents and is
provided with love, care, understanding and security for the full and harmonious
development of his personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child’s extended family is available shall
adoption by an unrelated person be considered.
(ii) safeguard the biological parents from making hasty decisions in relinquishing their
parental authority over their child;
(iii) prevent the child from unnecessary separation from his biological parents;
(iv) conduct public information and educational campaigns to promote a positive
environment for adoption;
(v) ensure that government and private sector agencies have the capacity to handle
adoption inquiries, process domestic adoption applications and offer adoption-related
services including, but not limited to, parent preparation and post-adoption education
and counseling;
(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his
native land, and only when this is not available shall inter-country adoption be
considered as a last resort; and
(vii) protect adoptive parents from attempts to disturb their parental authority and
custody over their adopted child.
Any voluntary or involuntary termination of parental authority shall be administratively
or judicially declared so as to establish the status of the child as “legally available for
adoption” and his custody transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent placement of the child.
Section 3. Definition of Terms. – For purposes of this Rule:
(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the
petition for adoption.
(b) “A child legally available for adoption” refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited child-
placing or child-caring agency, freed of the parental authority of his biological parents,
or in case of rescission of adoption, his guardian or adopter(s).
(c) “Voluntarily committed child” is one whose parents knowingly and willingly
relinquish parental authority over him in favor of the Department.
(d) “Involuntarily committed child” is one whose parents, known or unknown, have
been permanently and judicially deprived of parental authority over him due to
abandonment; substantial, continuous or repeated neglect and abuse; or incompetence
to discharge parental responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant or child whose parents,
guardian or relatives are unknown; or a child committed to an orphanage or charitable
or similar institution with unknown facts of birth and parentage and registered in the
Civil Register as a “foundling.”
(f) “Abandoned child” refers to one who has no proper parental care or guardianship or
whose parents have deserted him for a period of at least six (6) continuous months and
has been judicially declared as such.
(g) “Dependent child” refers to one who is without a parent, guardian or custodian or
one whose parents, guardian or other custodian for good cause desires to be relieved of
his care and custody and is dependent upon the public for support.
(h) “Neglected child” is one whose basic needs have been deliberately not attended to
or inadequately attended to, physically or emotionally, by his parents or guardian.
(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper
shelter.
(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited,
overworked or made to work under conditions not conducive to good health or made to
beg in the streets or public places, or placed in moral danger, or exposed to drugs,
alcohol, gambling, prostitution and other vices.
(k) “Child-placement agency” refers to an agency duly licensed and accredited by the
Department to provide comprehensive child welfare services including, but not limited
to, receiving applications for adoption, evaluating the prospective adoptive parents and
preparing the adoption home study report.
(l) “Child-caring agency” refers to an agency duly licensed and accredited by the
Department that provides 24-hour residential care services for abandoned, orphaned,
neglected or voluntarily committed children.
(m) “Department” refers to the Department of Social Welfare and Development.
(n) “Deed of Voluntary Commitment” refers to the written and notarized instrument
relinquishing parental authority and committing the child to the care and custody of the
Department executed by the child’s biological parents or in their absence, mental
incapacity or death, by the child’s legal guardian, to be witnessed by an authorized
representative of the Department after counseling and other services have been made
available to encourage the biological parents to keep the child.
(o) “Child Study Report” refers to a study made by the court social worker of the child’s
legal status, placement history, psychological, social, spiritual, medical, ethno-cultural
background and that of his biological family needed in determining the most
appropriate placement for him.
(p) “Home Study Report” refers to a study made by the court social worker of the
motivation and capacity of the prospective adoptive parents to provide a home that
meets the needs of a child.
(q) “Supervised trial custody” refers to the period of time during which a social worker
oversees the adjustment and emotional readiness of both adopters and adoptee in
stabilizing their filial relationship.
(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science
in social work as a minimum educational requirement and who has passed the
government licensure examination for social workers as required by Republic Act No.
4373.
(s) “Simulation of birth” is the tampering of the civil registry to make it appear in the
birth records that a certain child was born to a person who is not his biological mother,
thus causing such child to lose his true identity and status.
(t) “Biological Parents” refer to the child’s mother and father by nature.
(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-
trained social workers of the Department, the social services units of local governments,
private and government health facilities, Family Courts, licensed and accredited child-
caring and child-placement agencies and other individuals or entities involved in
adoption as authorized by the Department.
(v) “Residence” means a person’s actual stay in the Philippines for three (3) continuous
years immediately prior to the filing of a petition for adoption and which is maintained
until the adoption decree is entered. Temporary absences for professional, business,
health, or emergency reasons not exceeding sixty (60) days in one (1) year does not
break the continuity requirement.
(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the
Philippines and is in possession of a valid passport or travel documents and visa.
Section 4. Who may adopt. – The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral turpitude;
who is emotionally and psychologically capable of caring for children, at least sixteen
(16) years older than the adoptee, and who is in a position to support and care for his
children in keeping with the means of the family. The requirement of a 16-year
difference between the age of the adopter and adoptee may be waived when the
adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as above-stated for Filipino nationals:
Provided, That his country has diplomatic relations with the Republic of the Philippines,
that he has been living in the Philippines for at least three (3) continuous years prior to
the filing of the petition for adoption and maintains such residence until the adoption
decree is entered, that he has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his country, and
that his government allows the adoptee to enter his country as his adopted child.
Provided, further, That the requirements on residency and certification of the alien’s
qualification to adopt in his 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 child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
(3) The guardian with respect to the ward after the termination of the guardianship and
clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse;
or
(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the
other spouse has signified his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the
other, joint parental authority shall be exercised by the spouses.
Section 5. Who may be adopted. – The following may be adopted:
(1) Any person below eighteen (18) years of age who has been voluntarily committed to
the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared
available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former to that
of legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the adoption, said person
has been consistently considered and treated by the adopters as their own child since
minority;
(5) A child whose adoption has been previously rescinded; or
(6) A child whose biological or adoptive parents have died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said
parents.
(7) A child not otherwise disqualified by law or these rules.
Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the
province or city where the prospective adoptive parents reside.
Section 7. Contents of the Petition. – The petition shall be verified and specifically state
at the heading of the initiatory pleading whether the petition contains an application for
change of name, rectification of simulated birth, voluntary or involuntary commitment
of children, or declaration of child as abandoned, dependent or neglected.
1) If the adopter is a Filipino citizen, the petition shall allege the following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights;
is of good moral character; has not been convicted of any crime involving moral
turpitude; is emotionally and psychologically capable of caring for children; is at least
sixteen (16) years older than the adoptee, unless the adopter is the biological parent of
the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and
care for his children in keeping with the means of the family and has undergone pre-
adoption services as required by Section 4 of Republic Act No. 8552.
2) If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the Philippines;
(d) That he has been certified by his diplomatic or consular office or any appropriate
government agency to have the legal capacity to adopt in his country and his
government allows the adoptee to enter his country as his adopted child and reside
there permanently as an adopted child; and
(e) That he has been living in the Philippines for at least three (3) continuous years prior
to the filing of the petition and he maintains such residence until the adoption decree is
entered.
The requirements of certification of the alien’s qualification to adopt in his country and
of residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of
consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative
within the fourth degree of consanguinity or affinity of the Filipino spouse.
3) If the adopter is the legal guardian of the adoptee, the petition shall allege that
guardianship had been terminated and the guardian had cleared his financial
accountabilities.
4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except
if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified
written consent thereto, or
(c) if the spouses are legally separated from each other.
5) If the adoptee is a foundling, the petition shall allege the entries which should appear
in his birth certificate, such as name of child, date of birth, place of birth, if known; sex,
name and citizenship of adoptive mother and father, and the date and place of their
marriage.
6) If the petition prays for a change of name, it shall also state the cause or reason for
the change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and residence of the adoptee as shown by his
record of birth, baptismal or foundling certificate and school records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be known and
registered in the Civil Registry.
A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of
the 1997 Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth. – In case the petition also seeks rectification
of a simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of Republic Act No.
8552 and the application for rectification of the birth registration and the petition for
adoption were filed within five years from said date;
(c) The petitioner made the simulation of birth for the best interests of the adoptee; and
(d) The adoptee has been consistently considered and treated by petitioner as his own
child.
Section 9. Adoption of a foundling, an abandoned, dependent or neglected child. – In
case the adoptee is a foundling, an abandoned, dependent or neglected child, the
petition shall allege:
(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;
(b) The names of the parents, if known, and their residence. If the child has no known or
living parents, then the name and residence of the guardian, if any;
(c) The name of the duly licensed child-placement agency or individual under whose
care the child is in custody; and
(d) That the Department, child-placement or child-caring agency is authorized to give its
consent.
Section 10. Change of name. – In case the petition also prays for change of name, the
title or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.
Section 11. Annexes to the Petition. – The following documents shall be attached to the
petition:
A. Birth, baptismal or foundling certificate, as the case may be, and school records
showing the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the child-
placement agency, child-caring agency, or the proper government instrumentality which
has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who
are ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten (10) years of age
or over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;
D. If the petitioner is an alien, certification by his diplomatic or consular office or any
appropriate government agency that he has the legal capacity to adopt in his country
and that his government allows the adoptee to enter his country as his own adopted
child unless exempted under Section 4(2);
E. Home study report on the adopters. If the adopter is an alien or residing abroad but
qualified to adopt, the home study report by a foreign adoption agency duly accredited
by the Inter-Country Adoption Board; and
F. Decree of annulment, nullity or legal separation of the adopter as well as that of the
biological parents of the adoptee, if any.
Section 12. Order of Hearing. – If the petition and attachments are sufficient in form and
substance, the court shall issue an order which shall contain the following:
(1) the registered name of the adoptee in the birth certificate and the names by which
the adoptee has been known which shall be stated in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is granted;
(4) the date and place of hearing which shall be set within six (6) months from the date
of the issuance of the order and shall direct that a copy thereof be published before the
date of hearing at least once a week for three successive weeks in a newspaper of
general circulation in the province or city where the court is situated; Provided, that in
case of application for change of name, the date set for hearing shall not be within four
(4) months after the last publication of the notice nor within thirty (30) days prior to an
election.
The newspaper shall be selected by raffle under the supervision of the Executive Judge.
(5) a directive to the social worker of the court, the social service office of the local
government unit or any child-placing or child-caring agency, or the Department to
prepare and submit child and home study reports before the hearing if such reports had
not been attached to the petition due to unavailability at the time of the filing of the
latter; and
(6) a directive to the social worker of the court to conduct counseling sessions with the
biological parents on the matter of adoption of the adoptee and submit her report
before the date of hearing.
At the discretion of the court, copies of the order of hearing shall also be furnished the
Office of the Solicitor General through the provincial or city prosecutor, the Department
and the biological parents of the adoptee, if known.
If a change in the name of the adoptee is prayed for in the petition, notice to the
Solicitor General shall be mandatory.
Section 13. Child and Home Study Reports. – In preparing the child study report on the
adoptee, the concerned social worker shall verify with the Civil Registry the real identity
and registered name of the adoptee. If the birth of the adoptee was not registered with
the Civil Registry, it shall be the responsibility of the social worker to register the
adoptee and secure a certificate of foundling or late registration, as the case may be.
The social worker shall establish that the child is legally available for adoption and the
documents in support thereof are valid and authentic, that the adopter has sincere
intentions and that the adoption shall inure to the best interests of the child.
In case the adopter is an alien, the home study report must show the legal capacity to
adopt and that his government allows the adoptee to enter his country as his adopted
child in the absence of the certification required under Section 7(b) of Republic Act No.
8552.
If after the conduct of the case studies, the social worker finds that there are grounds to
deny the petition, he shall make the proper recommendation to the court, furnishing a
copy thereof to the petitioner.
Section 14. Hearing. – Upon satisfactory proof that the order of hearing has been
published and jurisdictional requirements have been complied with, the court shall
proceed to hear the petition. The petitioner and the adoptee must personally appear
and the former must testify before the presiding judge of the court on the date set for
hearing.
The court shall verify from the social worker and determine whether the biological
parent has been properly counseled against making hasty decisions caused by strain or
anxiety to give up the child; ensure that all measures to strengthen the family have been
exhausted; and ascertain if any prolonged stay of the child in his own home will be
inimical to his welfare and interest.
Section 15. Supervised Trial Custody. – Before issuance of the decree of adoption, the
court shall give the adopter trial custody of the adoptee for a period of at least six (6)
months within which the parties are expected to adjust psychologically and emotionally
to each other and establish a bonding relationship. The trial custody shall be monitored
by the social worker of the court, the Department, or the social service of the local
government unit, or the child-placement or child-caring agency which submitted and
prepared the case studies. During said period, temporary parental authority shall be
vested in the adopter.
The court may, motu proprio or upon motion of any party, reduce the period or exempt
the parties if it finds that the same shall be for the best interests of the adoptee, stating
the reasons therefor.
An alien adopter however must complete the 6-month trial custody except the
following:
a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree
of consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his Filipino spouse; or
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse the latter’s relative within the fourth (4th) degree of consanguinity or affinity.
If the child is below seven (7) years of age and is placed with the prospective adopter
through a pre-adoption placement authority issued by the Department, the court shall
order that the prospective adopter shall enjoy all the benefits to which the biological
parent is entitled from the date the adoptee is placed with him.
The social worker shall submit to the court a report on the result of the trial custody
within two weeks after its termination.
Section 16. Decree of Adoption. – If the supervised trial custody is satisfactory to the
parties and the court is convinced from the trial custody report and the evidence
adduced that the adoption shall redound to the best interests of the adoptee, a decree
of adoption shall be issued which shall take effect as of the date the original petition
was filed even if the petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of
the 15-day reglementary period within which to appeal;
2) the adopter to submit a certified true copy of the decree of adoption and the
certificate of finality to the Civil Registrar where the child was originally registered
within thirty (30) days from receipt of the certificate of finality. In case of change of
name, the decree shall be submitted to the Civil Registrar where the court issuing the
same is situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree of adoption
within thirty (30) days from receipt of the certificate of finality;
b. to issue a certificate of birth which shall not bear any notation that it is a new or
amended certificate and which shall show, among others, the following: registry
number, date of registration, name of child, sex, date of birth, place of birth, name and
citizenship of adoptive mother and father, and the date and place of their marriage,
when applicable;
c. to seal the original certificate of birth in the civil registry records which can be opened
only upon order of the court which issued the decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of compliance with all the
foregoing within thirty days from receipt of the decree.
If the adoptee is a foundling, the court shall order the Civil Registrar where the
foundling was registered, to annotate the decree of adoption on the foundling
certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in
accordance with the decree.
Section 17. Book of Adoptions. – The Clerk of Court shall keep a book of adoptions
showing the date of issuance of the decree in each case, compliance by the Civil
Registrar with Section 16(B)(3) and all incidents arising after the issuance of the decree.
Section 18. Confidential Nature of Proceedings and Records. – All hearings in adoption
cases, after compliance with the jurisdictional requirements shall be confidential and
shall not be open to the public. All records, 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
security reasons or for purposes connected with or arising out of the adoption and will
be for the best interests of the adoptee, the court may, upon proper motion, order the
necessary information to be released, restricting the purposes for which it may be used.
Section 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and
filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the
Department, if he is a minor, or if he is over eighteen (18) years of age but is
incapacitated, by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds committed by
the adopter:
1) repeated physical and verbal maltreatment by the adopter despite having undergone
counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject to rescission by
the adopter. However, the adopter may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
Section 20. Venue. – The petition shall be filed with the Family Court of the city or
province where the adoptee resides.
Section 21. Time within which to file petition. – The adoptee, if incapacitated, must file
the petition for rescission or revocation of adoption within five (5) years after he
reaches the age of majority, or if he was incompetent at the time of the adoption,
within five (5) years after recovery from such incompetency.
Section 22. Order to Answer. – The court shall issue an order requiring the adverse party
to answer the petition within fifteen (15) days from receipt of a copy thereof. The order
and copy of the petition shall be served on the adverse party in such manner as the
court may direct.
Section 23. Judgment. – If the court finds that the allegations of the petition are true, it
shall render judgment ordering the rescission of adoption, with or without costs, as
justice requires.
The court shall order that the parental authority of the biological parent of the adoptee,
if known, or the legal custody of the Department shall be restored if the adoptee is still a
minor or incapacitated and declare that the reciprocal rights and obligations of the
adopter and the adoptee to each other shall be extinguished.
The court shall further declare that successional rights shall revert to its status prior to
adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior
to judicial rescission shall be respected.
It shall also order the adoptee to use the name stated in his original birth or foundling
certificate.
The court shall further order the Civil Registrar where the adoption decree was
registered to cancel the new birth certificate of the adoptee and reinstate his original
birth or foundling certificate.
Section 24. Service of Judgment. – A certified true copy of the judgment together with a
certificate of finality issued by the Branch Clerk of the Court which rendered the
decision in accordance with the preceding Section shall be served by the petitioner upon
the Civil Registrar concerned within thirty (30) days from receipt of the certificate of
finality. The Civil Registrar shall forthwith enter the rescission decree in the register and
submit proof of compliance to the court issuing the decree and the Clerk of Court within
thirty (30) days from receipt of the decree.
The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.
Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of
Court.
B. INTER-COUNTRY ADOPTIONJ
Section 26. Applicability. – The following sections apply to inter-country adoption of
Filipino children by foreign nationals and Filipino citizens permanently residing abroad.
Section 27. Objectives. – The State shall:
a) consider inter-country adoption as an alternative means of child care, if the child
cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be
cared for in the Philippines;
b) ensure that the child subject of inter-country adoption enjoys the same protection
accorded to children in domestic adoption; and
c) take all measures to ensure that the placement arising therefrom does not result in
improper financial gain for those involved.
Section 28. Where to File Petition. – A verified petition to adopt a Filipino child may be
filed by a foreign national or Filipino citizen permanently residing abroad with the
Family Court having jurisdiction over the place where the child resides or may be found.
It may be filed directly with the Inter-Country Adoption Board.
Section 29. Who may be adopted. – Only a child legally available for domestic adoption
may be the subject of inter-country adoption.
g) Character reference from the local church/minister, the petitioner’s employer and a
member of the immediate community who have known the petitioner for at least five
(5) years;
h) Full body postcard-size pictures of the petitioner and his immediate family taken at
least six (6) months before the filing of the petition.
Section 32. Duty of Court. – The court, after finding that the petition is sufficient in form
and substance and a proper case for inter-country adoption, shall immediately transmit
the petition to the Inter-Country Adoption Board for appropriate action.
Section 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its
publication in a newspaper of general circulation.

Section 30. Contents of Petition. – The petitioner must allege:

a) his age and the age of the child to be adopted, showing that he is at least twenty-
seven (27) years of age and at least sixteen (16) years older than the child to be adopted
at the time of application, unless the petitioner is the parent by nature of the child to be
adopted or the spouse of such parent, in which case the age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner except when
the adoptee is a legitimate child of his spouse;

c) that he has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate counseling from
an accredited counselor in his country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary moral values
and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine
laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that
adoption of a Filipino child is allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in
this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

Section 31. Annexes. - The petition for adoption shall contain the following annexes
written and officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment

dissolving the marriage;

c) Sworn statement of consent of petitioner’s biological or adopted children above ten

(10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly

licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial
capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing of the
petitioner;
G.R. No. 148311. March 31, 2005
IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA
HONORATO B. CATINDIG, petitioner.
DECISION
SANDOVAL-GUTIERREZ, J.:
May an illegitimate child, upon adoption by her natural father, use the surname of her
natural mother as her middle name? This is the issue raised in the instant case.
The facts are undisputed.
1
On August 31, 2000, Honorato B. Catindig, herein petitioner, filed a petition to adopt
his minor illegitimate child Stephanie Nathy Astorga Garcia. He alleged therein, among
others, that Stephanie was born on June 26, 1994;2 that her mother is Gemma Astorga
Garcia; that Stephanie has been using her mother’s middle name and surname; and that
he is now a widower and qualified to be her adopting parent. He prayed that
Stephanie’s middle name Astorga be changed to "Garcia," her mother’s surname, and
that her surname "Garcia" be changed to "Catindig," his surname.
3
On March 23, 2001, the trial court rendered the assailed Decision granting the
adoption, thus:
"After a careful consideration of the evidence presented by the petitioner, and in the
absence of any opposition to the petition, this Court finds that the petitioner possesses
all the qualifications and none of the disqualification provided for by law as an adoptive
parent, and that as such he is qualified to maintain, care for and educate the child to be
adopted; that the grant of this petition would redound to the best interest and welfare
of the minor Stephanie Nathy Astorga Garcia. The Court further holds that the
petitioner’s care and custody of the child since her birth up to the present constitute
more than enough compliance with the requirement of Article 35 of Presidential Decree
No. 603.
WHEREFORE, finding the petition to be meritorious, the same is GRANTED. Henceforth,
Stephanie Nathy Astorga Garcia is hereby freed from all obligations of obedience and
maintenance with respect to her natural mother, and for civil purposes, shall henceforth
be the petitioner’s legitimate child and legal heir. Pursuant to Article 189 of the Family
Code of the Philippines, the minor shall be known as STEPHANIE NATHY CATINDIG.
Upon finality of this Decision, let the same be entered in the Local Civil Registrar
concerned pursuant to Rule 99 of the Rules of Court.
Let copy of this Decision be furnished the National Statistics Office for record purposes.
4
SO ORDERED."
On April 20, 2001, petitioner filed a motion for clarification and/or
reconsideration5 praying that Stephanie should be allowed to use the surname of her
natural mother (GARCIA) as her middle name.
On May 28, 2001,6 the trial court denied petitioner’s motion for reconsideration holding
that there is no law or jurisprudence allowing an adopted child to use the surname of
his biological mother as his middle name.
Hence, the present petition raising the issue of whether an illegitimate child may use
the surname of her mother as her middle name when she is subsequently adopted by
her natural father.
Petitioner submits that the trial court erred in depriving Stephanie of a middle name as
a consequence of adoption because: (1) there is no law prohibiting an adopted child
from having a middle name in case there is only one adopting parent; (2) it is customary
for every Filipino to have as middle name the surname of the mother; (3) the middle
name or initial is a part of the name of a person; (4) adoption is for the benefit and best
interest of the adopted child, hence, her right to bear a proper name should not be
violated; (5) permitting Stephanie to use the middle name "Garcia" (her mother’s
surname) avoids the stigma of her illegitimacy; and; (6) her continued use of "Garcia" as
her middle name is not opposed by either the Catindig or Garcia families.
The Republic, through the Office of the Solicitor General (OSG), agrees with petitioner
that Stephanie should be permitted to use, as her middle name, the surname of her
natural mother for the following reasons:
First, it is necessary to preserve and maintain Stephanie’s filiation with her natural
mother because under Article 189 of the Family Code, she remains to be an intestate
heir of the latter. Thus, to prevent any confusion and needless hardship in the future,
her relationship or proof of that relationship with her natural mother should be
maintained.
Second, there is no law expressly prohibiting Stephanie to use the surname of her
natural mother as her middle name. What the law does not prohibit, it allows.
Last, it is customary for every Filipino to have a middle name, which is ordinarily the
surname of the mother. This custom has been recognized by the Civil Code and Family
Code. In fact, the Family Law Committees agreed that "the initial or surname of the
mother should immediately precede the surname of the father so that the second name,
if any, will be before the surname of the mother."7
We find merit in the petition.
Use Of Surname Is Fixed By Law –
For all practical and legal purposes, a man's name is the designation by which he is
known and called in the community in which he lives and is best known. It is defined as
the word or combination of words by which a person is distinguished from other
individuals and, also, as the label or appellation which he bears for the convenience of
the world at large addressing him, or in speaking of or dealing with him. 8 It is both of
personal as well as public interest that every person must have a name.
The name of an individual has two parts: (1) the given or proper name and (2)
the surname or family name. The given or proper name is that which is given to the
individual at birth or at baptism, to distinguish him from other individuals. The surname
or family name is that which identifies the family to which he belongs and is continued
from parent to child. The given name may be freely selected by the parents for the child,
but the surname to which the child is entitled is fixed by law. 9
Thus, Articles 364 to 380 of the Civil Code provides the substantive rules which regulate
the use of surname10 of an individual whatever may be his status in life, i.e., whether he
may be legitimate or illegitimate, an adopted child, a married woman or a previously
married woman, or a widow, thus:
"Art. 364. Legitimate and legitimated children shall principally use the surname of the
father.
Art. 365. An adopted child shall bear the surname of the adopter.
xxx
Art. 369. Children conceived before the decree annulling a voidable marriage shall
principally use the surname of the father.
Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her husband's surname, or
(2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as
‘Mrs.’
Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall
resume her maiden name and surname. If she is the innocent spouse, she may resume
her maiden name and surname. However, she may choose to continue employing her
former husband's surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.
Art. 372. When legal separation has been granted, the wife shall continue using her
name and surname employed before the legal separation.
Art. 373. A widow may use the deceased husband's surname as though he were still
living, in accordance with Article 370.
Art. 374. In case of identity of names and surnames, the younger person shall be obliged
to use such additional name or surname as will avoid confusion.
Art. 375. In case of identity of names and surnames between ascendants and
descendants, the word ‘Junior’ can be used only by a son. Grandsons and other direct
male descendants shall either:
(1) Add a middle name or the mother's surname,
(2) Add the Roman numerals II, III, and so on.
x x x"
Law Is Silent As To The Use Of
Middle Name –
As correctly submitted by both parties, there is no law regulating the use of a middle
name. Even Article 17611 of the Family Code, as amended by Republic Act No. 9255,
otherwise known as "An Act Allowing Illegitimate Children To Use The Surname Of Their
Father," is silent as to what middle name a child may use.
The middle name or the mother’s surname is only considered in Article 375(1), quoted
above, in case there is identity of names and surnames between ascendants and
descendants, in which case, the middle name or the mother’s surname shall be added.
Notably, the law is likewise silent as to what middle name an adoptee may use. Article
365 of the Civil Code merely provides that "an adopted child shall bear the surname of
the adopter." Also, Article 189 of the Family Code, enumerating the legal effects of
adoption, is likewise silent on the matter, thus:
"(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from the
relationship of parent and child, including the right of the adopted to use the surname
of the adopters;
x x x"
However, as correctly pointed out by the OSG, the members of the Civil Code and Family
Law Committees that drafted the Family Code recognized the Filipino custom of adding
the surname of the child’s mother as his middle name. In the Minutes of the Joint
Meeting of the Civil Code and Family Law Committees, the members approved the
suggestion that the initial or surname of the mother should immediately precede the
surname of the father, thus
"Justice Caguioa commented that there is a difference between the use by the wife of
the surname and that of the child because the father’s surname indicates the family to
which he belongs, for which reason he would insist on the use of the father’s surname
by the child but that, if he wants to, the child may also use the surname of the
mother.
Justice Puno posed the question: If the child chooses to use the surname of the mother,
how will his name be written? Justice Caguioa replied that it is up to him but that his
point is that it should be mandatory that the child uses the surname of the father and
permissive in the case of the surname of the mother.
Prof. Baviera remarked that Justice Caguioa’s point is covered by the present Article
364, which reads:
Legitimate and legitimated children shall principally use the surname of the father.
Justice Puno pointed out that many names change through no choice of the person
himself precisely because of this misunderstanding. He then cited the following
example: Alfonso Ponce Enrile’s correct surname is Ponce since the mother’s surname is
Enrile but everybody calls him Atty. Enrile. Justice Jose Gutierrez David’s family name is
Gutierrez and his mother’s surname is David but they all call him Justice David.
Justice Caguioa suggested that the proposed Article (12) be modified to the effect that
it shall be mandatory on the child to use the surname of the father but he may use the
surname of the mother by way of an initial or a middle name. Prof. Balane stated that
they take note of this for inclusion in the Chapter on Use of Surnames since in the
proposed Article (10) they are just enumerating the rights of legitimate children so that
the details can be covered in the appropriate chapter.
noted that Article 189(3) of the Family Code and Section 1824, Article V of RA 8552 (law
on adoption) provide that the adoptee remains an intestate heir of his/her biological
parent. Hence, Stephanie can well assert or claim her hereditary rights from her natural
mother in the future.
Moreover, records show that Stephanie and her mother are living together in the house
built by petitioner for them at 390 Tumana, San Jose, Baliuag, Bulacan. Petitioner
provides for all their needs. Stephanie is closely attached to both her mother and father.
She calls them "Mama" and "Papa". Indeed, they are one normal happy family. Hence,
to allow Stephanie to use her mother’s surname as her middle name will not only
sustain her continued loving relationship with her mother but will also eliminate the
stigma of her illegitimacy.
Liberal Construction of

xxx Adoption Statutes In Favor Of

Justice Puno remarked that there is logic in the simplification suggested by Justice
Caguioa that the surname of the father should always be last because there are so many
traditions like the American tradition where they like to use their second given name
and the Latin tradition, which is also followed by the Chinese wherein they even include
the Clan name.
xxx
Adoption –
It is a settled rule that adoption statutes, being humane and salutary, should be liberally
construed to carry out the beneficent purposes of adoption.25 The interests and welfare
of the adopted child are of primary and paramount consideration,26 hence, every
reasonable intendment should be sustained to promote and fulfill these noble and
compassionate objectives of the law.27

Justice Puno suggested that they agree in principle that in the Chapter on the Use of Lastly, Art. 10 of the New Civil Code provides that:
Surnames, they should say that initial or surname of the mother should immediately
precede the surname of the father so that the second name, if any, will be before the "In case of doubt in the interpretation or application of laws, it is presumed that the
surname of the mother. Prof. Balane added that this is really the Filipino way. The lawmaking body intended right and justice to prevail."
Committee approved the suggestion."12 (Emphasis supplied)
This provision, according to the Code Commission, "is necessary so that it may tip the
In the case of an adopted child, the law provides that "the adopted shall bear the scales in favor of right and justice when the law is doubtful or obscure. It will strengthen
surname of the adopters."13 Again, it is silent whether he can use a middle name. What the determination of the courts to avoid an injustice which may apparently be
it only expressly allows, as a matter of right and obligation, is for the adoptee to bear authorized by some way of interpreting the law."28
the surname of the adopter, upon issuance of the decree of adoption. 14
Hence, since there is no law prohibiting an illegitimate child adopted by her natural
The Underlying Intent of father, like Stephanie, to use, as middle name her mother’s surname, we find no reason
why she should not be allowed to do so.
Adoption Is In Favor of the
WHEREFORE, the petition is GRANTED. The assailed Decision is partly MODIFIED in the
Adopted Child – sense that Stephanie should be allowed to use her mother’s surname "GARCIA" as her
middle name.
Adoption is defined as the process of making a child, whether related or not to the
adopter, possess in general, the rights accorded to a legitimate child.15 It is a juridical Let the corresponding entry of her correct and complete name be entered in the decree
act, a proceeding in rem which creates between two persons a relationship similar to of adoption.
that which results from legitimate paternity and filiation. 16 The modern trend is to
consider adoption not merely as an act to establish a relationship of paternity and SO ORDERED.
filiation, but also as an act which endows the child with a legitimate status.17 This was,
indeed, confirmed in 1989, when the Philippines, as a State Party to the Convention of
the Rights of the Child initiated by the United Nations, accepted the principle that
adoption is impressed with social and moral responsibility, and that its underlying
intent is geared to favor the adopted child.18 Republic Act No. 8552, otherwise known
as the "Domestic Adoption Act of 1998,"19 secures these rights and privileges for the
adopted.20

One of the effects of adoption is that the adopted is deemed to be a legitimate child of
the adopter for all intents and purposes pursuant to Article 18921 of the Family Code
and Section 1722 Article V of RA 8552.23

Being a legitimate child by virtue of her adoption, it follows that Stephanie is entitled
to all the rights provided by law to a legitimate child without discrimination of any
kind, including the right to bear the surname of her father and her mother, as
discussed above. This is consistent with the intention of the members of the Civil Code
and Family Law Committees as earlier discussed. In fact, it is a Filipino custom that the
initial or surname of the mother should immediately precede the surname of the father.

Additionally, as aptly stated by both parties, Stephanie’s continued use of her mother’s
surname (Garcia) as her middle name will maintain her maternal lineage. It is to be
Republic Act 8043 The Inter-Country Adoption Act of 1995
"AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF
FILIPINO CHILDREN, AND FOR OTHER PURPOSES"
Section 1. Short Title. — This Act shall be known as the "Inter-Country Adoption Act of
1995."
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to provide
every neglected and abandoned child with a family that will provide such child with love
and care as well as opportunities for growth and development. Towards this end, efforts
shall be exerted to place the child with an adoptive family in the Philippines. However,
recognizing that inter-country adoption may be considered as allowing aliens not
presently allowed by law to adopt Filipino children if such children cannot be adopted
by qualified Filipino citizens or aliens, the State shall take measures to ensure that inter-
country adoptions are allowed when the same shall prove beneficial to the child's best
interests, and shall serve and protect his/her fundamental rights.
Sec. 3. Definition of Terms. — As used in this Act. the term:
(a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child
by a foreigner or a Filipino citizen permanently residing abroad where the petition is
filed, the supervised trial custody is undertaken, and the decree of adoption is issued
outside the Philippines.
(b) Child means a person below fifteen (15) years of age unless sooner emancipated
by law.
(c) Department refers to the Department of Social Welfare and Development of the
Republic of the Philippines.
(d) Secretary refers to the Secretary of the Department of Social Welfare and
Development.
(e) Authorized and accredited agency refers to the State welfare agency or a licensed
adoption agency in the country of the adopting parents which provide comprehensive
social services and which is duly recognized by the Department.
(f) Legally-free child means a child who has been voluntarily or involuntarily
committed to the Department, in accordance with the Child and Youth Welfare Code.
(g) Matching refers to the judicious pairing of the adoptive child and the applicant to
promote a mutually satisfying parent-child relationship.
(h) Board refers to the Inter-country Adoption Board.
ARTICLE II
THE INTER-COUNTRY ADOPTION BOARD
Sec. 4. The Inter-Country Adoption Board. — There is hereby created the Inter-Country
Adoption Board, hereinafter referred to as the Board to act as the central authority in
matters relating to inter-country adoption. It shall act as the policy-making body for
purposes of carrying out the provisions of this Act, in consultation and coordination with
the Department, the different child-care and placement agencies, adoptive agencies, as
well as non-governmental organizations engaged in child-care and placement activities.
As such, it shall:
(a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any
other practice in connection with adoption which is harmful, detrimental, or prejudicial
to the child;
(b) Collect, maintain, and preserve confidential information about the child and the
adoptive parents;
(c) Monitor, follow up, and facilitate completion of adoption of the child through
authorized and accredited agency;
(d) Prevent improper financial or other gain in connection with an adoption and deter
improper practices contrary to this Act;
(e) Promote the development of adoption services including post-legal adoption;
(f) License and accredit child-caring/placement agencies and collaborate with them in
the placement of Filipino children;
(g) Accredit and authorize foreign adoption agency in the placement of Filipino
children in their own country; and
(h) Cancel the license to operate and blacklist the child-caring and placement agency
or adoptive agency involved from the accreditation list of the Board upon a finding of
violation of any provision under this Act.
Sec. 5. Composition of the Board. — The Board shall be composed of the Secretary of
the Department as ex officio Chairman, and six (6) other members to be appointed by
the President for a nonrenewable term of six (6) years: Provided, That there shall be
appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at least
the qualifications of a regional trial court judge, one (1) registered social worker and two
(2) representatives from non-governmental organizations engaged in child-caring and
placement activities. The members of the Board shall receive a per diem allowance of
One thousand five hundred pesos (P1,500) for each meeting attended by them:
Provided, further, That no compensation shall be paid for more than four (4) meetings a
month.
Sec. 6. Powers and Functions of the Board. — The Board shall have the following
powers and functions:
(a) to prescribe rules and regulations as it may deem reasonably necessary to carry
out the provisions of this Act, after consultation and upon favorable recommendation of
the different agencies concerned with the child-caring, placement, and adoption;
(b) to set the guidelines for the convening of an Inter-country Adoption Placement
Committee which shall be under the direct supervision of the Board;
(c) to set the guidelines for the manner by which selection/matching of prospective
adoptive parents and adoptive child can be made;
(d) to determine a reasonable schedule of fees and charges to be exacted in
connection with the application for adoption;
(e) to determine the form and contents of the application for inter-country adoption;
(g) to institute systems and procedures to prevent improper financial gain in
connection with adoption and deter improper practices which are contrary to this Act;
(h) to promote the development of adoption services, including post-legal adoption
services,
(i) to accredit and authorize foreign private adoption agencies which have
demonstrated professionalism, competence and have consistently pursued non-profit
objectives to engage in the placement of Filipino children in their own country:
Provided, That such foreign private agencies are duly authorized and accredited by their
own government to conduct inter-country adoption: Provided, however, That the total
number of authorized and accredited foreign private adoption agencies shall not exceed
one hundred (100) a year;
(j) to take appropriate measures to ensure confidentiality of the records of the child,
the natural parents and the adoptive parents at all times;
(k) to prepare, review or modify, and thereafter, recommend to the Department of
Foreign Affairs, Memoranda of Agreement respecting inter-country adoption consistent
with the implementation of this Act and its stated goals, entered into, between and
among foreign governments, international organizations and recognized international
non-governmental organizations;
(l) to assist other concerned agencies and the courts in the implementation of this
Act, particularly as regards coordination with foreign persons, agencies and other
entities involved in the process of adoption and the physical transfer of the child; and
(m) to perform such other functions on matters relating to inter-country adoption as
may be determined by the President.
ARTICLE III
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 in
the Philippines before the child is placed for inter-country adoption: Provided, however,
That the maximum number that may be allowed for foreign adoption shall not exceed
six hundred (600) a year for the first five (5) years.
Sec. 8. Who May be Adopted. — Only a legally free child may be the subject of inter-
country adoption. In order that such child may be considered for placement, the
following documents must be submitted to the Board:
(a)Child study;
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of abandonment/death certificate of
parents;
(d)Medical evaluation /history;
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently residing abroad
may file an application for inter-country adoption of a Filipino child if he/she:
(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than
the child to be adopted, at the time of application unless the adopter is the parent by
nature of the child to be adopted or the spouse of such parent:
(b) if married, his/her spouse must jointly file for the adoption;
(c) has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate counseling from
an accredited counselor in his/her country;
(d) has not been convicted of a crime involving moral turpitude;
(e) is eligible to adopt under his/her national law;
(f) is in a position to provide the proper care and support and to give the necessary
moral values and example to all his children, including the child to be adopted;
(g) agrees to uphold the basic rights of the child as embodied under Philippine laws,
the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations
issued to implement the provisions of this Act;
(h) comes from a country with whom the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that
adoption is allowed under his/her national laws; and
(i) possesses all the qualifications and none of the disqualifications provided herein
and in other applicable Philippine laws.
Sec. 10. Where to File Application. — An application to adopt a Filipino child shall be
filed either with the Philippine Regional Trial Court having jurisdiction over the child, or
with the Board, through an intermediate agency, whether governmental or an
authorized and accredited agency, in the country of the prospective adoptive parents,
which application shall be in accordance with the requirements as set forth in the
implementing rules and regulations to be promulgated by the Board.
The application shall be supported by the following documents written and officially
translated in English.
(a) Birth certificate of applicant(s);
(b) Marriage contract, if married, and divorce decree, if applicable;
(c) Written consent of their biological or adoptive children above ten (10) years of
age, in the form of sworn statement;
(d) Physical, medical and psychological evaluation by a duly licensed physician and
psychologist;
(e) Income tax returns or any document showing the financial capability of the
applicant(s);
(f) Police clearance of applicant(s);
(g) Character reference from the local church/minister, the applicant's employer and a
member of the immediate community who have known the applicant(s) for at least five
(5) years; and
(h) Recent postcard-size pictures of the applicant(s) and his immediate family;
The Rules of Court shall apply in case of adoption by judicial proceedings.
Sec. 11. Family Selection/Matching. — No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the child cannot be adopted locally. The
clearance, as issued by the Board, with the copy of the minutes of the meetings, shall
form part of the records of the child to be adopted. When the Board is ready to transmit
the Placement Authority to the authorized and accredited inter-country adoption
agency and all the travel documents of the child are ready, the adoptive parents, or any
one of them, shall personally fetch the child in the Philippines.
Sec. 12. Pre-adoptive Placement Costs. — The applicant(s) shall bear the following costs
incidental to the placement of the child;
(a) The cost of bringing the child from the Philippines to the residence of the
applicant(s) abroad, including all travel expenses within the Philippines and abroad; and
(b) The cost of passport, visa, medical examination and psychological evaluation
required, and other related expenses.
Sec. 13. Fees, Charges and Assessments. — Fees, charges, and assessments collected by are herein provided shall be in addition to any other penalties which may be imposed
the Board in the exercise of its functions shall be used solely to process applications for for the same acts punishable under other laws, ordinances, executive orders, and
inter-country adoption and to support the activities of the Board. proclamations.

Sec. 14. Supervision of Trial Custody. — The governmental agency or the authorized
and accredited agency in the country of the adoptive parents which filed the application
for inter-country adoption shall be responsible for the trial custody and the care of the
child. It shall also provide family counseling and other related services. The trial custody
shall be for a period of six (6) months from the time of placement. Only after the lapse
of the period of trial custody shall a decree of adoption be issued in the said country a
copy of which shall be sent to the Board to form part of the records of the child.
During the trial custody, the adopting parent(s) shall submit to the governmental agency
or the authorized and accredited agency, which shall in turn transmit a copy to the
Board, a progress report of the child's adjustment. The progress report shall be taken
into consideration in deciding whether or not to issue the decree of adoption.
The Department of Foreign Affairs shall set up a system by which Filipino children sent
abroad for trial custody are monitored and checked as reported by the authorized and
accredited inter-country adoption agency as well as the repatriation to the Philippines
of a Filipino child whose adoption has not been approved.
Sec. 15. Executive Agreements. — The Department of Foreign Affairs, upon
representation of the Board, shall cause the preparation of Executive Agreements with
countries of the foreign adoption agencies to ensure the legitimate concurrence of said
countries in upholding the safeguards provided by this Act.
ARTICLE IV
PENALTIES
Sec. 16. Penalties. —
Sec. 17. Public Officers as Offenders. — Any government official, employee or
functionary who shall be found guilty of violating any of the provisions of this Act, or
who shall conspire with private individuals shall, in addition to the above-prescribed
penalties, be penalized in accordance with existing civil service laws, rules and
regulations: Provided, That upon the filing of a case, either administrative or criminal,
said government official, employee or functionary concerned shall automatically suffer
suspension until the resolution of the case.
ARTICLE V
FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations. — The Inter-country Adoption Board, in
coordination with the Council for the Welfare of Children, the Department of Foreign
Affairs, and the Department of Justice, after due consultation with agencies involved in
child-care and placement, shall promulgate the necessary rules and regulations to
implement the provisions of this Act within six (6) months after its effectivity.
Sec. 19. Appropriations. — The amount of Five million pesos (P5,000,000) is hereby
appropriated from the proceeds of the Lotto for the initial operations of the Board and
subsequently the appropriations of the same shall be included in the General
Appropriations Act for the year following its enactment.
Sec. 20. Separability Clause. — If any provision, or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected, shall
remain valid and subsisting.
Sec. 21. Repealing Clause. — Any law, decree, executive order, administrative order or
rules and regulations contrary to, or inconsistent with the provisions of this Act are
hereby repealed, modified or amended accordingly.

(a) Any person who shall knowingly participate in the conduct or carrying out of an Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
illegal adoption, in violation of the provisions of this Act, shall be punished with a publication in two (2) newspapers of general circulation.
penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and/or a fine of not less than Fifty thousand pesos (P50,000), but not more than Two
hundred thousand pesos (P200.000), at the discretion of the court. For purposes of this Approved: June 7, 1995
Act, an adoption is illegal if it is effected in any manner contrary to the provisions of this
Act or established State policies, its implementing rules and regulations, executive
agreements, and other laws pertaining to adoption. Illegality may be presumed from the
following acts:

(1)consent for an adoption was acquired through, or attended by coercion, fraud,

improper material inducement;
(2)there is no authority from the Board to effect adoption;
(3)the procedures and safeguards placed under the law for adoption were not
complied with; and
(4)the child to be adopted is subjected to, or exposed to danger, abuse and
exploitation.

(b)Any person who shall violate established regulations relating to the confidentiality
and integrity of records, documents and communications of adoption applications,
cases and processes shall suffer the penalty of imprisonment ranging from one (1) year
and one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos
(P5,000), but not more than Ten thousand pesos (P10,000), at the discretion of the
court.

A penalty lower by two (2) degrees than that prescribed for the consummated felony
under this Article shall be imposed upon the principals of the attempt to commit any of
the acts herein enumerated.

Acts punishable under this Article, when committed by a syndicate or where it involves
two or more children shall be considered as an offense constituting child trafficking and
shall merit the penalty of reclusion perpetua.

Acts punishable under this Article are deemed committed by a syndicate if carried out
by a group of three (3) or more persons conspiring and/or confederating with one
another in carrying out any of the unlawful acts defined under this Article.Penalties as