Landingin vs. Republic, GR No.

164948, June 27, 2006, digested

Posted by Pius Morados on March 17, 2012
(Special Proceedings – Adoption: Consent and Abandonment)

Facts: Diwata Ramos Landingin, a US citizen of Filipino parentage filed a petition for the adoption of 3
minors, natural children of Manuel Ramos, the former’s brother, and Amelia Ramos. She alleged in her
petition that when her brother died, the children were left to their paternal grandmother for their
biological mother went to Italy, re-married there and now has 2 children by her second marriage and no
longer communicates from the time she left up to the institution of the adoption. After the paternal
grandmother passed away, the minors were being supported by the petitioner and her children abroad
and gave their written consent for their adoption.

A Social Worker of the DSWD submitted a Report recommending for the adoption and narrated that
Amelia, the biological mother was consulted with the adoption plan and after weighing the benefits of
adoption to her children, she voluntarily consented.

However, petitioner failed to present the said social worker as witness and offer in evidence the
voluntary consent of Amelia Ramos to the adoption. Petitioner also failed to present any documentary
evidence to prove that Amelia assent to the adoption.

Issue: WON a petition for adoption be granted without the written consent of the adoptee’s biological
mother.

Held: No. Section 9, par (b) of RA 8552, provides that the consent of the biological parent(s) of the child,
if known is necessary to the adoption. The written consent of the legal guardian will suffice if the written
consent of the biological parents cannot be obtained.

The general requirement of consent and notice to the natural parents is intended to protect the natural
parental relationship from unwarranted interference by interlopers, and to insure the opportunity to
safeguard the best interests of the child in the manner of the proposed adoption.

The written consent of the biological parents is indispensable for the validity of the decree of adoption.
Indeed, the natural right of a parent to his child requires that his consent must be obtained before his
parental rights and duties may be terminated and re-establish in adoptive parents. In this case,
petitioner failed to submit the written consent of Amelia Ramos to the adoption.

Moreover, abandonment means neglect and refusal to perform the filial and legal obligations of love
and support. Merely permitting the child to remain for a time undisturbed in the care of others is not
such abandonment. To dispense with the requirements of consent, the abandonment must be shown to
have existed at the time of adoption.