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    Cervantes vs. Fajardo Case Digest F

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    Brandon Berad
    Angelie Anne Cervantes was offered for adoption to her aunt and uncle, the petitioners, when she was two weeks old. The child's biological mother, Gina Carreon, executed an affidavit of consent for the adoption. However, Gina later demanded P150,000 from the petitioners in return for the child. When the petitioners refused payment, Gina took the child from the petitioners' yaya. The court ruled that as the adopted child, Angelie Anne would be freed from the parental authority of her natural parents and that the petitioners, as adopting parents, have the right to care, custody, and exercise parental authority over the child. The interests of the child were best served by

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    Cervantes vs. Fajardo Case Digest F

    Uploaded by

    Brandon Berad
    86 views1 page
    Angelie Anne Cervantes was offered for adoption to her aunt and uncle, the petitioners, when she was two weeks old. The child's biological mother, Gina Carreon, executed an affidavit of consent for the adoption. However, Gina later demanded P150,000 from the petitioners in return for the child. When the petitioners refused payment, Gina took the child from the petitioners' yaya. The court ruled that as the adopted child, Angelie Anne would be freed from the parental authority of her natural parents and that the petitioners, as adopting parents, have the right to care, custody, and exercise parental authority over the child. The interests of the child were best served by

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    Case digest for Cervantes vs. Fajardo

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    Cervantes vs. Fajardo case digest F.docx

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    Angelie Anne Cervantes was offered for adoption to her aunt and uncle, the petitioners, when she was two weeks old. The child's biological mother, Gina Carreon, executed an affidavit of consent for the adoption. However, Gina later demanded P150,000 from the petitioners in return for the child. When the petitioners refused payment, Gina took the child from the petitioners' yaya. The court ruled that as the adopted child, Angelie Anne would be freed from the parental authority of her natural parents and that the petitioners, as adopting parents, have the right to care, custody, and exercise parental authority over the child. The interests of the child were best served by

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    86 views1 page

    Cervantes vs. Fajardo Case Digest F

    Uploaded by

    Brandon Berad
    Angelie Anne Cervantes was offered for adoption to her aunt and uncle, the petitioners, when she was two weeks old. The child's biological mother, Gina Carreon, executed an affidavit of consent for the adoption. However, Gina later demanded P150,000 from the petitioners in return for the child. When the petitioners refused payment, Gina took the child from the petitioners' yaya. The court ruled that as the adopted child, Angelie Anne would be freed from the parental authority of her natural parents and that the petitioners, as adopting parents, have the right to care, custody, and exercise parental authority over the child. The interests of the child were best served by

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    CERVANTES V FAJARDO

    Facts: Angelie Anne Cervantes, a minor, born on Feb. 14, 1987 to respondents Conrado Fajardo
    and Gina Carreon, who are Common-law husband and wife, was offered for adoption to Gina
    Carreons sister and brother in law, therein petitioners Zenaida Carreon-Cervantes and Nelson
    Cervantes. Petitioners took care and custody of the child when she was barely two weeks old. An
    affidavit of Consent of adoption of the child by the petitioners was executed by respondent Gina
    Carreon on April 29, 1987 and filed before the RTC of Rizal. Sometime during March or April of
    1987, the adoptive parents received from the respondents demanding to be paid the amount of
    P150, 000.00, otherwise, they would not get their child back. Petitioners refused. And as a result,
    while petitioners were out at work, Gina Carreon took the child from their yaya and brought her to
    her house in Paranaque and thereupon said that she had no desire to give up her child and that the
    affidavit consent was not fully explained to her and she will return the child only if she were paid the
    amount of P150, 000.00
    ISSUE: Whether or not Adopting parents have the right to care and custody of the adopted child
    and exercise parental authority and responsibility over child
    HELD: YES. As an adopted child, the child will be freed from parental authority of her natural
    parents as well as the legal obligation and maintenance to them and that from now on shall be, for
    all legal intents and purposes, known as Angelie Anne Cervantes, a child herein petitioners and
    capable of inheriting their estate. Consequently, even though the child was below 7 years of age, the
    courts can still decide where it best suites the interest of the child and deprive Gina Carreon of
    custody on grounds that the child will not have a suitable environment with her, unlike with the
    adoptive parents who appear to be morally, physical, financially and socially capable of supporting
    the minor and giving her a future better than that of her natural mother.

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