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MATERIAL FACTS •Petitioner is an optometrist; married Primo Lim (Lim) on 1974; couple was childless • Minor children with

unknown parents were entrusted by Lucia Ayuban (Ayuban) • Petitioner and Lim registered the children to appear that they are the parents • Children were named Michelle P. Lim (Michelle) and Michael Jude P. Lim (Michael) • Lim died on 28 November 1998 • Petitioner married Angel Olario (Olario), an American citizen, on 27 December 2000 • On 24 April 2002, petitioner filed separate petitions for adoption for Michelle (25 years old, already married) and Michael (18.7 years old) • Michelle and her husband AND Michael gave consent to adoption (Affidavit of Consent) • Olario executed Affidavit of Consent for adoption • DSWD certification: Michelle was an abandoned child, Michael was an abandoned child • September 15, 2004- trial court dismissed (#1) the petitions for adoption • The petitioner filed for Motion for Reconsideration and it was denied (#2) on June 16, 2005 ISSUE Whether or not the petitioner, who has remarried, can singly adopt. RULES RA 8552 – An act establishing the Rules and Policies on the Domestic Adoption of Filipino Children and For Other Purposes, otherwise known as the Domestic Adoption Act of 1998. Approved on February 25, 1998. RA 8552 Article III, Section 7(c) Husband and wife shall jointly adopt, except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, however, That the other spouse has signified his/her consent thereto; or (iii) if the spouses are legally separated from each other FAMILY CODE TITLE VII. Adoption Article 185. Husband and wife must jointly adopt except in the following cases: (1) When one spouse seeks to adopt his own illegitimate child; or (2) When one spouse seeks to adopt the legitimate child of the other APPLICATION (1) Since the petitioner had remarried, petitioner should have filed the petition jointly with her new husband (2) Joint adoption by husband and wife is mandatory (RA 8552, also known as Domestic Adoption of 1998, Article III, Section 7c; Family Code, Title VII, Article 185) (3) The petitioner did not fall under any exceptions under RA 8552, Article III, Section 7c (4) The Court emphasized DURA LEX SED LEX. The law is explicit. It has no other recourse but to AFFIRM the trial court’s decision. CONCLUSION

General Santos City. 2004. Branch 22. the court DENIED the petition and AFFIRMED the decision of the Regional Trial Court. dated September 15.Wherefore. .