DUNCAN V. COURT OF FIRST INSTANCE (GR. No.

L-30576)

Syllabus Topic: Adoption Keywords:

DOCTRINE:
-

LAW/S OF THE CASE:

Art. 340, Civil Code
- The written consent of the following to adoption shall be necessary:
o The person to be adopted, if 14 years of age or over;
o The parents, guardian, or person in charge of the person to be adopted.

Sec. 3, Rules of Court (Rule 99)

- Consent of each of its known living parents who is not insane or hopelessly intemperate or has not
abandoned such child is needed in adoption

Facts

Robin Duncan, a former British national, and Lucy Christensen are husband and wife residing in the
Philippines. They wanted to adopt Colin Berry Duncan, but was dismissed by the CFI on the ground that the
consent given is improper and falls short of the express requirement of the law (no written consent by the
guardian of Colin).

It was Atty. Velasquez who gave the consent, but she refused to disclose the name of the mother as it would
supposedly violate their privileged communication as client and attorney.

Issue

W/N Atty. Velasquez is the proper person required by law to give consent as to the adoption of Colin? - YES

Holding

The petition is APPROVED. Robin and Lucy are qualified to adopt the child.

 Colin’s mother had completely abandoned him because she did not provide any material support for his
livelihood, maintenance, and care. This foregoes all parental claim to the child. Thus, her written
consent is no longer needed.
 Since there was no guardian ad litem appointed by the court and the child not being in custody of an
orphan asylum, there could not have been anyone other than Atty. Velasquez who could, with reason,
be the guardian of Colin. It was she who had actual physical custody and extended the mantle of
protection over the hapless infant.
 In adoption cases, the Court softens the application of the law with less severity and with compassion
and humane understanding to benefit the unfortunate children. The law is not, and should not be
made, an instrument to impede the achievement of a salutary humane policy.
 Robin and Lucy are qualified as they possess no disqualifications under the law and they have the
means to provide for Colin.