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Art. 183 CIVIL

CIVIL CODE OF THE PHILIPPINES
Art 184

when she was barely two weeks old. An affidavit of con«sp

the adoption of the child by Zenaida and Nelson was (7) Procedure Relative to Adoption
executed
by Gina, The petition for adoption filed by Zenaida and
was granted by the court.
Nelson

Earlier, Nelson and Zenaida received a letter from AM RTJ-92-802, Julj

Conrado
and Gina demanding to be paid P150,00Q, otherwise they
would take back their child. The former refused, to~accede to
the demand. As a result, while Nelson and Zenaida were out at
work, Gina took the child. When Zenaida and Nelson demanded
the return of the child, Gina refused saying that she Kad no
desire to give up her child for adoption and that the affidavit of
consent to the adoption was not fully explained to her. She sent
word however, that she will return the child if she were paid
P150,000.
HELD: Conrado's open cohabitation with Gina, his
common-law wife will not accord the minor that desirable
atmosphere where she can grow and develop into an upright
and moral-minded person. Besides, Gina had previously given
birth to another child by another married man with whom
she had lived for almost three years but who eventually left
her. For a minor to grow up with a sister whose father is not
her true father, could also affect the moral outlook and values
of said minor. Upon the other hand. Zenaida and_Nelson are
lppally marriedT appear to be morally, physically, financially
and socially capable of supporting the minor and giving her_a
better than what the natural mother, who is not only
future
jobless but also maintains an illicit relation with a married
man, can most likely give her.
43 SCAD 76
The only proper and authorized procedure relative to
adoption is outlined in the rule on adoption itself. By its very
nature and purpose, a decree of adoption can never be made
to retroact. i
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the
approval of the final accounts rendered upon the termination
of their guardianship relation;
(2) Any person who has been convicted of a crime
I
k
involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a
relative by consanguinity;
(b) One who seeks to adopt the legitimate child of
his or her Filipino spouse; or v
(c) One who is married to a Filipino citizen and
V;
seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may r
adopt Filipino children in accordance with the rules on

O
The minor
Nelson witl> the
has
full
been legally
knowledge and
Gina. A decree of adoption has the
adopted
consent
effect,
by
,of
among
Zenaida
Conrado
and
and
others,
dissolving the authority vested in natural parents over the
of
inter-country adoption as may be provided by law. (28a, EO
91 and PD 603)
COMMENT:
(1) Re Guardians
i
adopted child, except where the adopting parent is the spouse adopt
of the natural parent of the adopted, in which case, parenta (a) after approval of their final accounts;
by hot
authority over the adopted shall be exercised jointly
the-eare an (b) the final accounts must have been rendered
spouses. The adopting parents have the right to of the guardianship relation.
upon the termination
"X • ;
• custody of the adopted child and exercisÿÿarental authority
and responsibility over him.
719
718