LARA, Arnette A.

1D Persons

DIWATA RAMOS LANDINGIN, petitioner v. REPUBLIC OF THE PHILIPPINES,

respondent
GR NO. 164948 || June 27, 2006
The discretion to approve adoption proceedings is not to be anchored solely on best
interests of the child but likewise, with due regard to the natural rights of the parents
over the child.

Facts: Petitioner, an American citizen, wanted to adopt the three children of her brother,
Manuel Ramos, after he died, because the mother of the children remarried in Italy and has not
communicated with them ever since. Having the consent of both her biological children and the
children she wanted to adopt, she filed a Petition for Adoption at the RTC of Tarlac City.
Elizabeth Pagbilao, a Social Welfare Officer of the DSWD, Tarlac, submitted a Child Study Report
finding Elaine, Elma, and Eugene Ramos eligible for adoption. Her report also stated that the
children and their mother consent to the adoption but during the proceedings, Petitioner failed
to present Pagbilao as a witness. Petitioner also failed to present any documentary evidence to
prove that the children’s mother assents to the adoption.

The RTC, however, still granted the petition despite the lack of evidence to corroborate the
consent of the children and their mother. On appeal by the OSG, the CA reversed the decision
of the RTC. Thus, Petitioner filed a petition for review on certiorari.

Issue: Whether the petitioner is entitled to adopt the minors without the written consent of
their biological mother

Held: The SC denied the petition for lack of merit.

Section 34, Rule 132 of the Rules of Court provides that the Court shall consider no evidence
which has not been formally offered. The offer of evidence is necessary because it is the duty of
the Court to rest its findings of fact and its judgment only and strictly upon the evidence offered
by the parties.
Section 9 of Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998,
provides that the written consent of the biological parents is indispensable for the validity of a
decree of adoption. 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-established in
adoptive parents.