Arts CIVIL CODE OF THE

PHILIPPINE8 CIVIL CODE OF THE PHILIPPINES

Art. 188

3 to personally hear all adoption cases and desist

practice of delegating the reception of evidpnÿ
from th
of
petitioner to the clerk of court. (Minister Mamita
ri Pardo
de Tavera, et al. v. Judge Cacdac, Jr., et al GR 762Qn
Nov. 23, 1988)
; Art. 186. In case husband and wife jointly adopt or one
spouse adopts the legitimate child of the other, joint parental
authority shap be exercised by the spouses in accordance
with this Code. (29a, EO 91 and PD 603)
COMMENT:
(1) Exercise of Joint Parental Authority
Under Art. 186, joint parental authority is exercised by
COMMENT:
Par, 1 - Here, the person to be adopted is already of legal
age — but the conditions given must
be present:
(a)the person to be adopted must be a child by nature
of the adopter orÿof the adopter's spouse;
(b) the child, prior to the adoption, had been
consistently
considered and treated by the adopter as his or her
own child, during minority.
Par. 2 — Here, the point is to avoid any official contact, direct
or indirect with the country with which the Philippines
does not have diplomatic relations. Thus, there is the
perceived difficulty in terms of negotiating for protection
of Filipino citizens in case of problems that necessitate
the use of diplomatic channels.
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the spouses_i£. (1) husband and wife jointly adopt; or (2) one Par. 3 — Here, a restatement is made of a fundamental _ _ . rule
spouse adopts the legitimate child of the other.
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iÿan ii ÿ in
» ÿA.i"Fÿly
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-

against double or multiple adoptions, for it is unnatural

(2) If Disagreement Ensues
4 for a person to have two or more fathers or mothers.

In case there is disagreement in the exercise of such joint

parental authority, the father's decision shall prevail, unless, Art. 188. The written consent of the following to the
adoption shall be necessary:
of course, there is a judicial order to the contrary.
(1) The person to be adopted, if ten years of age or over;

adopted: (, UAA) (2) The parents by nature of the child, the legal
Art
per government instrumentality;
I A person of legal age, unless he or she is a child by (3) The legitimate and adopted children, ten years of
nature of the adopter or his or her spouse, or, prior to the age or over, of the adopting parent, or parents;
adoption, said person had been consistently considered and
(4) The illegitimate children, ten years of age or over,
treated by the adopter as his or her own child during minority; living with said parent and the
of the adopting parent, if
(2) An alien with whose government the Rej latter's spouse, if any; and
has no diplomatic relations; and (5) The spouse, if any, of the person adopting or to be
(3) A person who has already been adopted unless such adopted. (31a, EO 91 and PD 603)
adoption-has been previously revoked or rescindedT(30a, EO
91 and PD 603)
COMMENT:
(1) Note

(a) The consent must be written.

(b) The age of ten.
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