CHAPTER 2: documentary evidence to prove any claim of

legitimate or illegitimate filiation.

PROOF OF FILIATION:  Legitimacy or illegitimacy does not arise form
documents establishing filiation but from fact
ARTICLE 172:
that they were conceived or born inside valid
FILIATION OF CHILDREN IS ESTABLISHED marriage (legitimate) and born outside valid
BY: marriage or void marriage (illegitimate)
 Art 172 (1) Record of Birth and (2) Admission
(1) Record of Birth appearing in Civil of filiation in public document/handwritten
register or a final judgment; or instrument signed by parent concerned may
(2) Admission of legitimate filiation in pale in legal significance upon showing that
public document or private handwritten children were born inside valid marriage or
instrument and signed by parent outside valid marriage.
concerned  Probative value of said documents however
attains great weight and significance over all
IN ABSENCE OF FOREGOING EVIDENCE,
other evidence where the children were born
LEGITIMATE FILITION SHALL BE PROVED BY
300 days following termination of marriage
and no subsequent marriage has been
(1) Open and continuous possession of
entered into.
status as legitimate child; or
(2) Any other means allowed by Rules of - In such case there is no declaration nor
Court and Special laws. (265a, 266a, presumption of legitimacy or illegitimacy.
267a) - It shall be proved by whoever alleges such
legitimacy or illegitimacy.
FILIATION ESTABLISHED
 Parentage, lineage and legitimacy cannot be RECORD OF BIRTH
 Public document and prima facie evidence of
made to depend upon parental physiognomy
facts therein contained
or bodily marks of similarity.
 May be rebutted
 Lineage cannot depend wholly upon presence
or absence of paternal similarity of physical  If no evidence to disprove facts contained
appearance (Chun Chong v. Collector of therein, presumption will hold and children as
Customs stated shall be considered legitimate
 Resemblance can be competent and material  IF ALLEGED FATHER DID NOT SIGN BIRTH
evidence to establish parentage (if such CERT
resemblance is accompanied by other strong - Placing his name by mother/doctor is
evidence whether direct or circumstantial) incompetent evidence of paternity of said
(Tijing v. CA) child (Reyes v. CA)
 For as long as children were conceived or  Birth cert signed by parents is adequateproof
born inside a valid marriage, they are of paternity without need to further court
declared by Art 164 FC as legitimate. action. (De Jesus v. De Jesus)
 If children were conceived or born outside
FINAL JUDGMENT
valid marriage or inside void marriage, hey  A judicial decision bearing on the status of
are declared by Art 165 as illegitimate children as legitimate and hence, binding and
UNLESS otherwise provided by law. conclusive.
 Art 172 – provides for the documents  A public document.
establishing filiation of legitimate children or
 What if obiter dictum? – not part of judgment
illegitimate children. It does not provide in any
(Minutes of Joint Civil Code and Family
way derogate the declaration made by law but
Committees
merely provides for the necessary
 Final judgment based on compromise - Must be a showing of permanent intention
agreement where the parties stipulated and of supposed father to consider child as his
agreed on status of person: VOID [against law own, by continuous and clear
and public policy] manifestation of paternal affection and
 Paternity or filiation or lack of the same is a care.
relationship that must be judicially established  Paternal affection and care must not be
and it is for the court to determine existence attributed to pure charity (Perla v.Baring)
or absence. Cannot be left to will or
agreement of parties (Rivero v. CA) (Jison v. CA)
ADMISSION IN PUBLIC OR PRIVATE
- Such acts must be of such nature that they
HANDWRITTEN DOCUMENT
reveal not only the conviction of paternity
 Complete act of recognition without need of
but also the apparent desire to have abd
court action. (De Jesus v. De Jesus)
treat the child as such in all relations in
 If it is a mere instrument, (not in handwitting of
society and in life, not accidentally but
supposed parent or not a public instrument, it
continuously.
will not qualify.
- Higher standard of proof is needed in
 Private instrument must be handwritten and
providing filiation using continuous
signed by parents.
possession as proof.
 (LIM v. CA)
- Following overt acts satisfy the
- No doubt that petitioner was the father of
requirement:
his illegitimate child because the evidences
a. Sending appellant to school
show this. Hence, it was the petitioner
b. Paying hospitalization expenses
who:
c. Providing monthly allowances, paying
a. paid hospitalization of mother when
for funeral expenses of appellants
she gave birth.
mother
b. Caused registration of name of child
d. Acknowledging appellants parental
using his surname
greetings
c. Wrote handwritten letters to mother
e. Calling appellant his “hija”
and child stating promise to be a
f. Recommending appellant for
loving and caring husband.
employment
d. When mother was pregnant, a letter
g. Allowing appellant to use his hpise
saying to take a lot of rest, referring to
h. Paying for long distance phone calls
pregnancy
e. Pictures of petitioner on various (Ong v. CA)
occasions cuddling child
- Alleged father only met respondent four
OPEN AND CONTINUOUS POSSESSION OF times to ive him money
LEGITIMATE STATUS - Court rejected claim of “continuous
 In absence of the foregoing evidence, possession of status of child by
however, the legitimate or illegitimate filiation respondent.
can be proven by open and continuous - For continuous possession to exists, the
possession of status of a legitimate child. father’s conduct toward his son must be
(Mariategui v. CA) spontaneous and uninterrupted and that
 (MENDOZA V. CA) the fact that father met the children four
- Continuous does not mean that the times to give him money is not enough.
concession of status shall continue forever
but only that it shall not be a intermittent Angeles v. Maglaya
character while it continues.
 - Birth certificate unsigned by father, DNA TESTING
government records purporting that alleged  Also a valid means of determining paternity
father was her father, wedding photos with  DNA is the fundamental building block of
alleged father person’s generic make up
- Not enough to prove relationship of  Person’s DNA profile can determine his
claimant identity.
 DNA analysis is a procedure in which DNA
EVIDENCE UNDER RULES OF COURT AND extracted from a biological sample obtained
SPECIAL LAWS
from an individual examined.
 In absence of evidentiary documents
 DNA profile unique for each person except for
mentioned in first paragraph Art 172(1) and
identical twins.
(2) , Family code provides in the second
 DNA is unchanging throughout life.
paragraph of Art 172(2) that legitimate filiation
or illegitimate filiation shall be proved by other  A lot of medical terms, just check page 677
evidences allowed by rules of court and bes.
special laws.
(Tijing v. CA)
NOT A PROOF
- More than a passing mention was given to
Canonical - Simply proof of only act to which
records priest may certify by reason of his DNA analysis.
(Baptismal personal knowledge - Writ of habeas corpus against respondent
record) - No proof of declaration in record who abducted petitioner’s youngest son.
with respect to parentage of child - Testimonial and documentary evidence and
baptized or prior and distinct facts physical resemblance were used to establish
which require separate and parentage.
concrete evidence.
- Parentage will still be resolved using
(Berciles v. GSIS)
conventional methods unless court adopts
PROOF (ACC TO RULES OF EVIDENCE) modern and scientific ways available.
o Baptismal - Baptismal certificate to be proof - Courts should apply results of science when
Certificate of filiation under ROC it must completely obtained in aid of situations
o Judicial show that father therein presented since to reject would result to deny
Admission participated progress.
o Family - A birth certificate not signed by
bible in father is not competent proof of ADMISIBILITY OF DNA
which his paternyity.
name has - Where priest claimed that he can (People v. Vallejo)
been recorgnize father of child as he
entered was there during baptism but he - DNA profile from vaginal swaps taken from
o Common had to be shown a picture of
rape victim and matched the accused DNA
reputation father to recognize him, not
respecting proof of filiation. (Fernandez v. profile.
his CA) - Courts should however consider
pedigree - If alleged father did not intervene a. How samples were collected
o Admission in birth certificate inscription of b. How they are handled
by silence his name is null and void. (Jison c. Possibility of contamination
o Testimony v. CA) d. Procedure followed in analyzing
of witness - School records per e despite
samples whether the proper
inadmissibility may be admitted
as part of testimony to standards and procedures were
corroborate claim that father followed in conducting the test and
spent for education. (Jison v. qualifications of the analysts who
CA) conducted the test.
PROBATIVE VALUE OF DNA ANALYSIS AS the opportunity to file his opposition, as in this
EVIDENCE case.

 Not enough to state that child’s DNA profile ACTION TO CLAIM LEGITIMACY
matches that of putative father.  Right of action for legitimacy devolving upon
 Complete match between DNA profile of child child is of personal character and generally
and DNA profile of putative father does not pertains exclusively to him.
necessarily establish paternity
Only child may exercise it any time during life
(LUCAS v. LUCAS) time
EXCEPTIONS: Transmitted to heirs
- Issuance of DNA testing order remains 1. Dies during minority/
2. While insane/
discretionary upon court. Court may, consider
3. After action has already been instituted
whether there is absolute necessity for DNA
IN THESE CASES, HEIRS SHALL HAVE A
testing PERIOD OF 5 YEARS WITHIN WHICH TO
INSTITUTE ACTION
ART 173 Action instituted by child shall survive not
withstanding death either or both parties
(1) ACTION TO CLAIM LEGITIMACY MAY BE  May exercise it either against presumed
BROUGHT BY parents or his/her heirs. (Code v. Abaya)
CHILD—DURING HIS/HER LIFETIME AND
SHALL BE TRANSMITTED TO HEIRS SHOULD
CHILD DIE DURING MINORITY OR IN STATE ART 174:
OF INSANITY.
LEGITIMATE CHILDREN SHALL HAVE RIGHT
IN THIS CASES HEIRS SHALL HAVE A
PERIOD OF 5 YEARS TO INSTITUTE ACTION (1) BEAR SURNAME OF FATHER AND
MOTHER, IN CONFORMITY WITH
(2) ACTION ALREADY COMMENCED BY PROVISIONS OF CIVIL CODE ON
CHILD SHALL SURVIVE SURNAMES;
NOTWTHSTANDING DEAH OF EITHER OR (2) RECEIVE SUPPORT FROM PARENTS,
BOTH PARTIES. ASCENDANTS AND IN PROPER
CCASES, BROTHERS AND SISTERS IN
PETITION TO ESTABLISH FILIATION CONFORMTY WITH PROVISIONS OF
 Petition to establish filiation is an action in THIS CODE ON SUPPORT;
rem. It involves status of person (3) ENTITLED TO LEGITIME AND OTHER
 An in rem proceeding is validated essentially SUCCESSIONAL RIGHTS GRANTED
through publication. BY THEM BY CIVIL CODE
 Publication is notice to whole world that
proceeding has for its object to bar indefinitely
all who might be minded to make an objection
of any sort to the right sought to be
established.
 Service of summons or notice is made to
defendant, it is not for purpose of vesting
court with jurisdiction but merely satisfying
due process requirements
 Lack of summons may be excused where it s
determined that the adverse party had in fact,
RIGHTS OF LEGITIMATE CHILD CHAPTER 3
 Greatest and preferential sum of rights is
given to legitimate child. ILLEGITIMATE CHILDREN

ART 175
LEGITIMATE ILLEGITIMATE
RIGHT TO Has his/her Has his/her
FILE whole lifetime to lifetime to file ILLEGITIMATE CHILDREN MAY
ACTION file action to action to claim ESTABLISH THEIR ILLEGITIMATE
claim legitimacy illegitimacy only FILIATION IN SAME WAY AND ON THE
regardless of if he/she uses
SAME EVIDENCE AS LEGITIMATE
what type of proof under 1st
proof he has as paragraph of CHILDREN.
provided for in Art 172.
Art 172 If under 2nd ACTION MUST BE BROUGHT WITHIN
paragraph, SAME PERIOD AS SPECIFIED IN ART 173,
could only bring
EXCEPT WHEN ACTION IS BASED ON 2ND
action during
lifetime of PARAGRAPH OF ART 17 IN WHICH CASE,
parent ACTION MAY BE BROUGHT DURING LIFE
TRANSFER Transmitted to Not TIME OF ALLEGED PARENT
RIGHT TO heirs transmissible to
FILE heirs
ACTION
RIGHT TO In direct line of Only up to his
RECEIVE relationship grandparents CLAIM OF ILLEGITIMATE CHILDREN
SUPPORT from any of and his/her  Art 175 contemplates situation where child
ascendants and grandchildren born outside valid marriage or inside void
descendants in as provided in
accordance with Art 195(2) & (3) marriage, except those provided for in Art 54
priority set by of family code, seeks to claim his or her
law as provided illegitimate status.
by Art 195 &
 Art 54: children conceived or born before
199
LEGTIME ALL Only ½ of judgment of annulment or absolute nullity of
legitime of marriage under Art 36 has become final and
legitimate child. executor shall be considered legitimate.
SURNAME Bear surname Surname of
Children conceived or born of subsequent
of father mother
marriage under Art 53 shall likewise be
INHERIT AB Yes from No such right legitimate.
INTESTATO legitimate  Art 53: without complying with art 52
children and
relatives of  Art 52: Partition and distribution of properties
father or mother and delivery of children’s presumptive
legitimes recorded in appropriate civil registry
and registries of property
DRAW UNDERSTANDING INHERITANCE  If a philandering husband has a concubine, a
BY INTESTATO (page 686)
child of such concubine will surely be
illegitimate. Said illegitimate child may file an
action to claim his or her illegitimate status
against philandering husband.
 However if concubine herself has her own
spouse, said child cannot file action to claim
illegitimate status although latter is in fact his
natural father.
 RATIONALE: law declares that child
conceived or born inside valid marriage is
 legitimate. It is up to concubine’s spouse to - Court will stress that it was only Isaac
file case to impugn legitimacy of child. Mendoza who testified on this question of
 To allow child to file action to claim illegitimate pedigree and he did not cite Casimor’s father.
status would in effect allow him to impugn - His testimony was that he was informed by his
legitimate status with respect to concubine father, Hipolito who was Casimiro’s brother
and her spouse. and Brigida Mendoza, Casimiro’s own mother
 Only concubine’s spouse and his heirs in that Teopista was Casimiro’s illegitimate
special cases are given legal standing to file daughter.
an action to impugn legitimacy. (Art 170 and - Such acts or declaration may be received in
171) evidence as an exception to the hearsay rule
 If concubine’s legal spouse is successful in because : “it is the best the nature of the case
impugning the legitimate status of child, and admits and because greater evils are
obtains a court decision that child is not his, apprehended from the rejection of such proof
only then can said child claim his illegitimate than from its admission.
status. - Nevertheless, precisely because of its nature
 Said child can do so only in accordance with as hearsay evidence, there are certain
law using appropriate proofs of filiation and safeguards against its abuse.
within prescriptive period. - Fracisco enumerates ( the following requisites
must be complied with before an act or
PROOFS declaration regarding pedigree may be
 Same proofs as provided in Art 172 for admitted in evidence:
legitimate children may be used by illegitimate 1. Declarant is dead or unable to testify
children in proving filiation. 2. Pedree must be in issue
 Explanation in Art 173 is applicable to Art 174 3. Declarant must be a relative of person
 Judicial testimony which has not been whose pedigree is in issue
rebutted and in fact not disputed by alleged 4. Declaration must be made before
father is sufficient to prove paternity controversy
5. Relationship between declarant and
Mendoza v. CA person whose pedigree is in question
ust be shown by evidence other than
- Illegitimate child is allowed to establish his
such declaration.
claimed filiation by any other means allowed
- Declaration were made before complaint was
by rules of court
filed by Teopista and before the controversy
- Such evidence may consist of his baptismal
arose between her and Casimiro Family.
certificate, judicial admission, family bible, in
- Relationship between declarants and
which his name has been entered, common
Casimiro’s consisting of extrajudicial partition
reputation, respecting his pedigree, admission
of estate of Florencio Mendoza in which
by silence, testimony of witnesses and other
Casimiro is mentioned as one of heirs.
kinds of proof admissible uunder Rule 130 of
- Said declaration was not refuted. Casimiro
ROC
would have done this by deposition if he were
- TC conceded that “defendant’s parents as
too old and weak to testify at trial of case.
well as plaintiff himself, told Gaudencio
- Court holds that by virtue of declarations,
Mendoza and Isaac Mendoza that Teopista is
Teopsita Toring Tunacao has proved that she
daughter of defendant.
is entitled to be recognized as such.
- Rule 130, Sec 39: Act or declaration of
- Court gives effect to policy of Civil Code and
pedigree: may be received in evidence where
Family Code to liberalize the rule on
it occurred before the controversy and
investigation of paternity of illegitimate
relationship between two persons is shown by
children without prejudice to his own defenses
evidence other than such act or declaration.
 , including evidence now obtainable through in effect, a family’s joint statement of its belief
facilities of modern medicine and technology. as to the pedigree of a person.
 Proof of illegitimate filiation must be clear and
convincing. (VERCELES v. POSADA)
 Thus if birth of illegitimate child is way beyond
- Admitted love letters of petitioner in is own
9 months from approximate time of
handwriting ad using alias and declaring that
conception resulting from alleged sexual
should respondent become pregnant, he will
intercourse, it can negate any claim of filiation.
have no regret and that they should rejoice in
(CONSTANNTINO V. MENDEZ) responsibility qualifies as a private
handwritten instrument that can establish
- Filiation of an alleged illegitimate child not filiation.
sufficiently proven.
- Amelita’s testimony on cross examination that (SALAS v. MATUSALEM)
she had sexual intercourse with Ivan in Manila
- Birth certificate unsigned by father,
in 1st or 2nd week of November 1974, is
handwritten notes without statemet of alleged
inconsistent with her response that she could
father of any admission of his paternity, mere
not remember the date of their last sexual
proof of support or visits to child, pictures of
intercourse in November 1974
mother and child, together with the father
- Sexual contact on abovementioned date is
were not deemed as “overwhelming evidence,
crucial point that it was not even established
documentary and testimonial, enough to
on direct examination as she merely testified
prove filiation.”
that she had sexual intercourse with Ivan in
months of September, October, and PRESCRIPTIVE PERIOD
November 1974.  If falls under 1st paragraph of Art 172: whole
- Michael Constantino, a full-term baby was life time to bring action
born on August 3, 1975.  If proofs are under those mentioned in 2nd
- Conception must have taken place about 267 paragraph: during lifetime of alleged parent.
days before August 3,1975.  Thus, in an action for partition brought by an
- While Amelita testified that she had sexual illegitimate child after death of alleged father
contact with Ivan on November, nevertheless, and prior to effectively of FC, the issue on his
said testimony is contradicted by her own illegitimate status had to be answered
evidence, the letter dated feb 11, 1975 collaterally.
addressed to Ivan requesting for a  His ground was his alleged continuous
conference, prepared by her own counsel to possession of the status of an illegitimate
who she must have confided attendant child.
circumstances of her pregnancy.  SC: illegitimate child invokes such ground, he
- Child was conceived on October. could only file case to claim illegitimate status
- Burden of proof is on Amelita to establish at any time prior to death of alleged father
affirmative allegation that Ivan is the father of
 SC: dismiss action for partition as alleged
her son.
illegitimate child cannot any more prove
(JISON V. CA) filiation as he is barred from doing so under
2nd par. Of Art 173. *(Tayag v. CA)
- Private letters and notes were presented to  However it must be pointed out that a party
prove filiation must be allowed to adduce proof of
- SC: do not fall under phrase “and the like” illegitimacy to be able to know whether he or
- Using “ejusdem generis: limited to objects she falls under 1st par of Art 172 or 2nd par
which are commonly known as family thereof.
possessions or those articles which represent
(SALAS v. MATUASALEM) PARENTAL AUTHORITY
 Illegitimate child shall be under parental
- Death of putative father is not bar to action authority of mother
commenced during lifetime by one claiming to
be his illegitimae child. (BRIONES V. MIGUEL)
- Proper remedy is to appoint legal
representative of deceased pursuant to Sec - Parental authority over an illegitimate child is
16, Rule 3, 1997 rules of civil procedure. solely given to the mother.
- Father is not given parental authority
ART 176 notwithstanding recognition that child is his
- RATIONALE: It might turn out that alleged
ILLEGITIMATE CHILDREN SHALL USE putative father is not the real natural father,
SURNAME AND SHALL BE UNDER hence, to prevent person from exercising
PARENTAL AUTHORITY OF – MOTHER AND parental authority over child who might not be
SHALL BE ENTITLED TO SUPPORT IN his, P.A : MOM
CONFORMITY WITH THIS CODE.
(DAVID v. CA)
HOWEVER, ILLEGITIMATE CHILDREN MAY
USE SURNAME OF FATHER (IF) THEIR - Person lives exclusively with his legitimate
FILIATION HAS BEEN EXPRESSLY family got hold of his illegitimate son from
RECOGNIZED BY FATHER [THROUGH mother who obviously was not living with said
RECORD OF BIRTH APPEARING IN CIVIL father.
REGISTER, OR WHEN AN ADMISSION IN - Illegitimate son under parental authority of
PUBLIC DOCUMENT OR PRIVATE mother who, as consequence of such
HANDWRITTEN INSTRUMENT IS MADE BY authority is entitled to have custody of him.
FATHER] - In case paternity is certan, but father was not
cohabitating with mother
PROVIDED--- FATHER HAS THE RIGHT TO  Briones ruling – quite strict and does not give
INSTITUTE ACTION BEFORE THE REGULAR any chance for an illegitimate father to have
COURTS TO PROVE NON-FILIATION DURING parental authority over illegtimate child.
HIS LIFE TIME  Strict application disregards provision in Art
211 of FC “father and mother shall jointly
THE LEGITIME OF EACH ILLEGITIMATE
exercise parental authority over the person of
CHILD SHALL CONSIST OF ½ OF LEGITIME
their common children. In case of
OF LEGITIMATE CHILD.
disagreement, father’s decision shall prevail
RIGHTS OF ILLEGITIMATE CHILD unless there is a judicial order to the contrary.”
 Even illegitimate children are given substantial  Once parental authority is vested, it cannot be
rights under law. waived unless adoption, guardianship and
 Interest of child is paramount, even if such surrender to a children’s home or orphan
child is the result of illicit relationship. institution
 (Weber v. AETNA) condemnation on the  Parental authority can be terminated in
head of infant is illogical and unjust. accordance with legal grounds in FC
 Obviously, no child is responsible for his birth  If therefore father lives together with
and penalizing illegitimate child is an illegitimate child, whom he said father admits
ineffectual as well aas unjust way of deterring as his, and child’s mother, parental authority
parent (Weber v. AETNA) all be exercised by both father and mother.
 Under PH laws, though illegitimate child is (LIVES TOGETHER WITH SON AND MOM)
given rights under law, it is not equal or the
same with that of a legitimate child. SURNAME
 Surname of mother shall be used. WHO--- AT TIME OF CONCEPTION OF
 However, illegitimate child may use surname FORMER WERE NOT DISQUALIFIED BY ANY
of father --- if their filiation has been expressly IMPEDIMENT TO MARRY EACH OTHER
recognized b father through record of birth
appearing in civil register, or when admission OR WERE SO DISQUALIFIED ONLY BECAUSE
in a public document or private handwritten EITHER OR BOTH OF THEM WERE BELOW 18
instrument is made by father. MAY BE LEGITIMATED.
 Nevertheles, father has right to institute action
before regular courts to prove non-filiation
during his lifetime. ART 178

LEGITIMATION SHALL TAKE PLACE BY A

SUBSEQUENT VALID MARRIAGE BETWEEN
PARENTS. ANNULMET OF VOIDABLE
MARRIAGE SHALL NOT AFFECT
LEGITIMATION.

ART 179

LEGITIMATED CHILDREN SHALL ENJOY

SAME RIGHTS AS LEGITIMATE CHILDREN

ART 180

THE EFFECTS OF LEGITIMATION SHALL

RETROACT TO TIME OF CHILD’S BIRH

STATUTORY CREATION
 Legitimation is purely a statutory creation.
 Requirements of law must be mandatorily
complied with.
 However, laws providing for the process of
legitimation are remedial in character inded
for the benefit and protection of the innocent
offspring and therefore may be appied
retrospectively and must be liberally
construed.

CHAPTER 4 REQUIREMENTS
1.) Parents do not suffer any legal
LEGITIMATED CHILDREN
impediment or disqualified to marry
ART 177 because either/both are 18 years of
age at time of conception of child by
CHILDREN CONCEIVED AND BORN OUTSIDE mother
WEDLOCK OF PARENTS 2.) Child has been conceived and born
outside a valid marriage.
 3.) Parents subsequently enter into valid  Unlike adoption where the relationship
marriage. created is only that of parent and child,
- Annulment of voidable marriage shall not legitimation creates for the legitimated child
affect legitimation. the total and full extent of the blood
 Process of legitimation is made a lot simpler relationship existing within family to include all
in family code and its amendments. descendants and ascendants and collateral
 Change favors those who have conceived and relatives
born prior to effectively of FC and are qualified
under FC but who under CC cannot be ART 181
legitimated.
THE LEGITIMATION OF CHILDREN WHO DIED
 This is clearly for benefit of child and in
BEFORE CELEBRATION OF MARRIAGE
accordance with his or her paramount
SHALL BENEFIT THEIR DESCENDANTS
interest.
 However while legitimating statute adopted
after birth of an illegitimate child, may have
the effect of legitimating child, it may not affect BENEFIT OF DESCENDANTS
property rights which have already vested. - LEGITIMATION OF CHILDREN WHO DIED
(Muldrow v. Cladwell) BEFORE CELEBRATION OF MARRIAGE
Like kunwari natransmit na sa legitimate, nga SHALL BENEFIT THEIR ASCENDANTS.
nga ka na lang bes, at least diba? Legitimate - Rationale: To give children what they should
ka na? Hayaa na ang mana. have enjoyed during lifetime of father or
 Generally, legitimation cannot occur if either mother.
or both of parents, at time of conception of - In this way, the transmission of their property
child, are disqualified by an impediment to to strangers is prevented. (Goyena)
marry each other. Hence if a child were - In the illegitimate direct line, great-grant
conceived and born of parents related within parents are not obliged to support great
4th civil degree of consanguinity (ground to grandchildren.
nullify) whether without marriage or under void - If Maria has an illegitimate child (pedro)
marriage, said child will never be legitimated. conceived and born at time when she and
 However if legal impediment only (age) jose her boyfriend was capacitated to amarry
legitimation is allowed. and pedro has legitimate child named Miguel
 It has been held that an adulterous children who in trun has a legitimate child by name of
cannot be legitimated. To do so will destroy Juan.
rationale of legitimation and sanctitu of - Maria not obliged to support Juan because
marriage. It will be unfair to legitimate children Maria’s obligation only extends to grandson
in terms of succession rights, will be Miguel.
scandalous specially if parents marry years - IF AFTER DEATH OF PEDRO, MARIA GOT
after birth of child. (Abadilla v. Tabiliran) VALIDLY MARRIED TO JOSE, WHO WAS
THE NATURAL FATHER OF PEDRO…
 Children of bigamous marriages cannot be
Pedro is thereby legitimated after death. (besh
legitimated (De Santos v. Angeles)
may apo ka na sa tuhod, tiyaka ka pa
EFFECTS OF LEGITIMATION
nagpakasa, #LoveWins
 Retroacts to child’s birth.
- Maria is now oblighed to support Juan.
 Enjoy same rights as legitimate children
 Unlike adoption where extent of filial ART 182
relationship is defined by law, -- legitimation
puts legitimated child completely and fully in LEGITIMATION MAY BE IMPUGNED ONLY BY
equal footing with children born in lawful THOSE WHO ARE PREJUDICED IN THEIR
wedlock.
RIGHTS WITHIN 5 YEARS FORM TIME THEIR Section 1. Short Title. – This Act shall be
CAUSE OF ACTION ACCRUES. known as the "Domestic Adoption Act of
1998."

Section 2. Declaration of Policies. –

PRESCRIPTIVE PERIOD
 Legitimation may be impugned only by those (a) It is hereby declared the policy of the State
who are prejudiced in their rights within 5 to ensure that every child remains under the
years from date their cause of action accrues. care and custody of his/her parent(s) and be
 Justice Reyes: “rights” does not include provided with love, care, understanding and
creditor’s rights security towards the full and harmonious
 Drafters of Family Code: “Rights” development of his/her personality. Only when
- Generally refers to successional rights, the such efforts prove insufficient and no
persons who can be prejudiced in their rights appropriate placement or adoption within the
by the process of conferring to someone all child's extended family is available shall
rights of legitimate child are the legal heirs of adoption by an unrelated person be
their parents. considered.
- In being legitimated, child acquires all rights of
legitimate child, and thus all his successional (b) In all matters relating to the care, custody
rights would be the same as legitimate child. and adoption of a child, his/her interest shall
- However cause of action to impugn the be the paramount consideration in accordance
legitimation accrues only upon death of with the tenets set forth in the United Nations
parents of the legitimated child because it is (UN) Convention on the Rights of the Child;
only at that time when the successional rights UN Declaration on Social and Legal Principles
to the legitime will vest. Relating to the Protection and Welfare of
- Even an adopted child can be a prejudiced Children with Special Reference to Foster
heir, not only his/her adopter but also of Placement and Adoption, Nationally and
his/her natural parents in case a child of said Internationally; and the Hague Convention on
parents are legitimated. the Protection of Children and Cooperation in
Respect of Intercountry Adoption. Toward this
end, the State shall provide alternative
protection and assistance through foster care
or adoption for every child who is neglected,
orphaned, or abandoned.
TITLE VII—ADOPTION

R.A 8552
(c) It shall also be a State policy to:
“AN ACT ESTABLISHING THE RULES AND
POLICIES ON DOMESTIC ADOPTION OF (i) Safeguard the biological parent(s) from
FILIPINO CHILDREN AND FOR OTHER making hurried decisions to relinquish his/her
PURPOSES” parental authority over his/her child;

ARTICLE I (ii) Prevent the child from unnecessary

separation from his/her biological parent(s);
GENERAL PROVISIONS
(iii) Protect adoptive parent(s) from attempts
to disturb his/her parental authority and
custody over his/her adopted child.
Any voluntary or involuntary termination of (d) "Involuntarily committed child" is one
parental authority shall be administratively or whose parent(s), known or unknown, has been
judicially declared so as to establish the permanently and judicially deprived of
status of the child as "legally available for parental authority due to abandonment;
adoption" and his/her custody transferred to substantial, continuous, or repeated neglect;
the Department of Social Welfare and abuse; or incompetence to discharge parental
Development or to any duly licensed and responsibilities.
accredited child-placing or child-caring
agency, which entity shall be authorized to (e) "Abandoned child" refers to one who has
take steps for the permanent placement of the no proper parental care or guardianship or
child; whose parent(s) has deserted him/her for a
period of at least six (6) continuous months
(iv) Conduct public information and and has been judicially declared as such.
educational campaigns to promote a positive
environment for adoption; (f) "Supervised trial custody" is a period of
time within which a social worker oversees the
(v) Ensure that sufficient capacity exists within adjustment and emotional readiness of both
government and private sector agencies to adopter(s) and adoptee in stabilizing their filial
handle adoption inquiries, process domestic relationship.
adoption applications, and offer adoption-
related services including, but not limited to, (g) "Department" refers to the Department of
parent preparation and post-adoption Social Welfare and Development.
education and counseling; and
(h) "Child-placing agency" is a duly licensed
(vi) Encourage domestic adoption so as to and accredited agency by the Department to
preserve the child's identity and culture in provide comprehensive child welfare services
his/her native land, and only when this is not including, but not limited to, receiving
available shall intercountry adoption be applications for adoption, evaluating the
considered as a last resort. prospective adoptive parents, and preparing
the adoption home study.
Section 3. Definition of Terms. – For purposes
of this Act, the following terms shall be (i) "Child-caring agency" is a duly licensed
defined as: and accredited agency by the Department that
provides twenty four (24)-hour residential care
(a) "Child" is a person below eighteen (18) services for abandoned, orphaned, neglected,
years of age. or voluntarily committed children.

(b) "A child legally available for adoption" (j) "Simulation of birth" is the tampering of the
refers to a child who has been voluntarily or civil registry making it appear in the birth
involuntarily committed to the Department or records that a certain child was born to a
to a duly licensed and accredited child-placing person who is not his/her biological mother,
or child-caring agency, freed of the parental causing such child to lose his/her true identity
authority of his/her biological parent(s) or and status.
guardian or adopter(s) in case of rescission of
adoption.

(c) "Voluntarily committed child" is one whose STATUTORY CREATION

parent(s) knowingly and willingly relinquishes  Adoption is purely a statutory creation.
parental authority to the Department.
 All statutory requirements for adoption must those begun after their enactment, although
be met, an where a court issues an adoption with respect to such proceedings, they affect
decree despite fact that all said requirements only procedural steps taken after their
are not met, such decree is a nullity. enactment.
 Child by adoption cannot inherit from parent - Rule that statutory change in matters of
by adoption unless act of adoption has been procedure will affect pending actions and
done in strict accord with statute. proceedings UNLESS language of act
excludes them from operation --- is not so
BURDEN OF PROOF extensive that it may be used to validate or
 Upon the person claiming such relationship invalidate proceedings taken before it goes
 He must prove compliance with statutes into effect, since procedure must be governed
relating to adoption in jurisdiction where by law regulating at time the questioned
adoption occurred. (Lazatin v. Campos) procedure arises
 Law must be strictly complied with in the - As long as the petition for adoption was
sense that mandatory requirements must all sufficient in form and substance in
be present. accordance with law governing at time it was
 However, if mandatory requirements are filed, Court acquires jurisdiction and retains it
present but there are only irregularities, until it fully disposes of the case.
substantial compliance with mandatory
requirement is enough SUMMARY:

KEYWORD: Jurisdiction Determined by statute in force

at time of commencement of
COMPLIED WITH MANDATORY action
REQUIREMENT Once it attaches it cannot be
ousted by subsequent
(Santos v. Aranzanso) happenings or events
Procedural Governed by law in force when
- where adoption has been fully consummated, Matters they arise
to construe the state with a reasonable decree Generally retroactive (applies to
of liberality pending proceedings)
- to the end that the assumed relationship and
intention of the parties be upheld  Petitioner argues that even assuming FC
- particularly as against strangers to the should not apply retroactively, CA should
proceedings collaterally attacking them have modified TC decision by granting
adoption in favor of Zenaida Bobiles only, her
(Repulic v. CA and Zenaida Bobiles)
husband not being a petitioner
- Art 185 of FC is remedial in nature  SC: Although Dioscoro Bobiles was not
- Procedural statutes are ordinarily accorded a named as one of petitoners, his affidavit of
retrospective construction in the sense that consent, attached to petition, shows that he
they may be applied to pending actions and himself actually joined wife in adopting child.
proceedings as well as future actions.  His declarations and his subsequent
- However they will not be so applied as to confirmatory testimony in open court are
defeat procedural steps completed before sufficient to make him co-petitioner.
their enactment.  Future of innocent child must not be
- Procedural matters are governed by the law in compromised by arbitrary insistence of rigid
force when they arise, and procedural statutes adherence to procedural rules on form of
are generally retroactive in that they apply to pleadings.
pending proceedings and are not confined to  Adoption statutes as well as matters of
procedure leading up to adoption should be
 liberally construed to carry out beneficient  Looked upon solely as act of generosity on
purposes of adoption institution and protect part of adopter
adopted child in the rights and privileges  Present tendency, however is geared more
coming to it as result of adoption. toward the promotion of the welfare of child
 Modern tendency of courts is to hold that and enhancement of his/he opportunities for a
there need not be more than substantial useful and a happy life.
compliance with statutory requirements to  Every reasonable intendment should be
sustain the validity of proceeding. sustained to promote and fulfill these noble
 To refuse would be to indulge in such a and compassionate objectives of law.
narrow and technical construction of statute
as to defeat its intention and beneficial results ARTICLE II
or to invalidate proceeding where every
PRE-ADOPTION SERVICES
material requirement of statute was complied
with.
 Technical rules of pleading should not be
stringently applied to adopton proceedings Section 4. Counseling Service. – The
and it is deemed more important that petition Department shall provide the services of
should give facts relating to child and its licensed social workers to the following:
parents which may give information to those
interested, that it should be formally correct as
a pleading.
(a) Biological Parent(s) – Counseling shall be
 WELFARE OF CHILD IS OF PARAMOUNT
provided to the parent(s) before and after the
CONSIDERATION IN PROCEEDINGS
birth of his/her child. No binding commitment
INVOLVING ITS CUSTODY AND
to an adoption plan shall be permitted before
PROPRIETY OF ITS ADOPTION BY
the birth of his/her child. A period of six (6)
ANOTHER AND COURTS TO WHICH THE
months shall be allowed for the biological
APPLICATION FOR ADOPTION IS MADE IS
parent(s) to reconsider any decision to
CHARGED WITH DUTY OF PROPETCTING
relinquish his/her child for adoption before the
CHILD AND ITS INTERESTS AND TO
decision becomes irrevocable. Counseling
BRING THOSE INTEREST FULLY BEFORE
and rehabilitation services shall also be
IT, IT HAS AUTHORITY TO MAKE RULES
offered to the biological parent(s) after he/she
TO ACCOMPLISH THAT END.
has relinquished his/her child for adoption.
 Approval : adoption: sound discretion of
courts.
 Discretion should be exercised in accordance
with best interest of child, as long as natural Steps shall be taken by the Department to
rights of parents over child are not ensure that no hurried decisions are made and
disregarded. all alternatives for the child's future and the
 In absence of GAD, exercise of discretion by implications of each alternative have been
approving official will not be disturbed. provided.

PHILOSOPHY BEHIND ADOPTION

 Used for benefit of adopter.
 Intended to afford persons who have no child (b) Prospective Adoptive Parent(s) –
of their own, the consolation f having one, by Counseling sessions, adoption fora and
creating by legal fiction, the relation of seminars, among others, shall be provided to
paternity and filiation where none exists by prospective adoptive parent(s) to resolve
blood relationship. possible adoption issues and to prepare
him/her for effective parenting.
 shall include, among others, the above
mentioned services.
(c) Prospective Adoptee – Counseling
sessions shall be provided to ensure that
he/she understands the nature and effects of ADMINISTRATIVE PHASE:
adoption and is able to express his/her views
on adoption in accordance with his/her age
and level of maturity. 1st phase Administrative Phase by DSWD
2ndphase Judicial phase one by Family court
which issues Final decree

COUNSELING SESSIONS
 FOR WHO?  Ends when DSWD issues Certification that
1.) Natural parents child is available for adoption governed by:
2.) Adopter R.A 9523
3.) Adoptee
Republic Act No. 9523 March 12, 2009
 Ensure that parties are well prepared,
psychologically, emotionally and legally to
enter to a new phase of their lives with a very
significant impact not only on themselves but AN ACT REQUIRING CERTIFICATION OF THE
on society as a whole. DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A
Section 5. Location of Unknown Parent(s). – It "CHILD LEGALLY AVAILABLE FOR
shall be the duty of the Department or the ADOPTION" AS A PREREQUISITE FOR
child-placing or child-caring agency which has ADOPTION PROCEEDINGS, AMENDING FOR
custody of the child to exert all efforts to THIS PURPOSE CERTAIN PROVISIONS OF
locate his/her unknown biological parent(s). If REPUBLIC ACT NO. 8552, OTHERWISE
such efforts fail, the child shall be registered KNOWN AS THE DOMESTIC ADOPTION ACT
as a foundling and subsequently be the OF 1998, REPUBLIC ACT NO. 8043,
subject of legal proceedings where he/she OTHERWISE KNOWN AS THE INTER-
shall be declared abandoned. COUNTRY ADOPTION ACT OF 1995,
PRESIDENTIAL DECREE NO. 603,
SEARCH FOR BIOLOGICAL PARENTS
OTHERWISE KNOWN AS THE CHILD AND
 Natural and Biological parents: always given
YOUTH WELFARE CODE, AND FOR OTHER
preference in custody of their own children
PURPOSES
 Before adoption can proceed, law requires
that child’s parents, if unknown must be
located and that all reasonable means were
exhausted to look for them Be it enacted by the Senate and House of
 If such efforts fail, child shall be registered as Representatives of the Philippines in
a foundling and subsequently be the subject Congress assembled::
of legal proceeding where he/she shall be
declared abandoned.
 Example: Announcement in radio, television
Section 1. Declaration of Policy. – It is hereby
etc.
declared the policy of the State that alternative
protection and assistance shall be afforded to
every child who is abandoned, surrendered, or
Section 6. Support Services. – The Department neglected. In this regard, the State shall
shall develop a pre-adoption program which extend such assistance in the most
expeditious manner in the interest of full period of three (3) continuous months. Neglect
emotional and social development of the may occur in two (2) ways:
abandoned, surrendered, or neglected child.

(a) There is physical neglect when the child is

It is hereby recognized that administrative malnourished, ill-clad, and without proper
processes under the jurisdiction of the shelter. A child is unattended when left by
Department of Social Welfare and himself/herself without proper provisions
Development for the declaration of a child and/or without proper supervision.
legally available for adoption of abandoned,
surrendered, or neglected children are the
most expeditious proceedings for the best
(b) There is emotional neglect when the child
interest and welfare of the child.
is maltreated, raped, seduced, exploited,
overworked, or made to work under conditions
not conducive to good health; or is made to
Section. 2. Definition of Terms. – As used in beg in the streets or public places; or when
this Act, the following terms shall mean: children are in moral danger, or exposed to
gambling, prostitution, and other vices.

(1) Department of Social Welfare and

Development (DSWD) is the agency charged to (5) Child Legally Available for Adoption refers
implement the provisions of this Act and shall to a child in whose favor a certification was
have the sole authority to issue the issued by the DSWD that he/she is legally
certification declaring a child legally available available for adoption after the fact of
for adoption. abandonment or neglect has been proven
through the submission of pertinent
documents, or one who was voluntarily
committed by his/her parent(s) or legal
(2) Child refers to a person below eighteen (18)
guardian.
years of age or a person over eighteen (18)
years of age but is unable to fully take care of
him/herself or protect himself/herself from
abuse, neglect, cruelty, exploitation, or (6) Voluntarily Committed Child is one whose
discrimination because of physical or mental parent(s) or legal guardian knowingly and
disability or condition. willingly relinquished parental authority to the
DSWD or any duly accredited child-placement
or child-caring agency or institution.

(3) Abandoned Child refers to a child who has

no proper parental care or guardianship, or
whose parent(s) have deserted him/her for a (7) Child-caring agency or institution refers to
period of at least three (3) continuous months, a private non-profit or government agency
which includes a founding. duly accredited by the DSWD that provides
twenty-four (24) hour residential care services
for abandoned, neglected, or voluntarily
committed children.
(4) Neglected Child refers to a child whose
basic needs have been deliberately
unattended or inadequately attended within a
(8) Child-placing agency or institution refers to Section 3. Petition. – The petition shall be in
a private non-profit institution or government the form of an affidavit, subscribed and sworn
agency duly accredited by the DWSD that to before any person authorized by law to
receives and processes applicants to become administer oaths. It shall contain facts
foster or adoptive parents and facilitate necessary to establish the merits of the
placement of children eligible for foster care petition and shall state the circumstances
or adoption. surrounding the abandonment or neglect of
the child.

(9) Petitioner refers to the head or executive

director of a licensed or accredited child- The petition shall be supported by the
caring or child-placing agency or institution following documents:
managed by the government, local
government unit, non-governmental
organization, or provincial, city, or municipal
(1) Social Case Study Report made by the
Social Welfare Development Officer who has
DSWD, local government unit, licensed or
actual custody of the minor and who files a
accredited child-caring or child-placing
certification to declare such child legally
agency or institution charged with the custody
available for adoption, or, if the child is under
of the child;
the custody of any other individual, the
agency or institution does so with the consent
of the child's custodian.
(2) Proof that efforts were made to locate the
parent(s) or any known relatives of the child.
The following shall be considered sufficient:
(10) Secretary refers to the Secretary of the
DSWD or his duly authorized representative.

(a) Written certification from a local or national

radio or television station that the case was
(11) Conspicuous Place shall refer to a place
aired on three (3) different occasions;
frequented by the public, where by notice of
the petition shall be posted for information of
any interested person.
(b) Publication in one (1) newspaper of general
circulation;
(12) Social Case Study Report (SCSR) shall
refer to a written report of the result of an
assessment conducted by a licensed social (c) Police report or barangay certification from
worker as to the social-cultural economic the locality where the child was found or a
condition, psychosocial background, current certified copy of a tracing report issued by the
functioning and facts of abandonment or Philippine National Red Cross (PNRC),
neglect of the child. The report shall also state National Headquarters (NHQ), Social Service
the efforts of social worker to locate the Division, which states that despite due
child's biological parents/relatives. diligence, the child's parents could not be
found; and
(d) Returned registered mail to the last known Said certification, by itself shall be the sole
address of the parent(s) or known relatives, if basis for the immediate issuance by the local
any. civil registrar of a foundling certificate. Within
seven (7) working days, the local civil registrar
shall transmit the founding certificate to the
National Statistic Office (NSO).
(3) Birth certificate, if available; and

Section 6. Appeal. – The decision of the

(4) Recent photograph of the child and
Secretary shall be appealable to the Court of
photograph of the child upon abandonment or
Appeals within five (5) days from receipt of the
admission to the agency or institution.
decision by the petitioner, otherwise the same
shall be final and executory.

Section 4. Procedure for the Filing of the

Petition. – The petition shall be filed in the
Section 7. Declaration of Availability for
regional office of the DSWD where the child
Adoption of Involuntarily Committed Child and
was found or abandoned.
Voluntarily Committed Child. – The certificate
declaring a child legally available for adoption
in case of an involuntarily committed child
The Regional Director shall examine the under Article 141, paragraph 4(a) and Article
petition and its supporting documents, if 142 of Presidential Decree No. 603 shall be
sufficient in form and substance and shall issued by the DSWD within three (3) months
authorize the posting of the notice of the following such involuntary commitment.
petition conspicuous place for five (5)
consecutive days in the locality where the
child was found.
In case of voluntary commitment as
contemplated in Article 154 of Presidential
Decree No. 603, the certification declaring the
The Regional Director shall act on the same child legally available for adoption shall be
and shall render a recommendation not later issued by the Secretary within three (3)
than five (5) working days after the completion months following the filing of the Deed of
of its posting. He/she shall transmit a copy of Voluntary Commitment, as signed by the
his/her recommendation and records to the parent(s) with the DSWD.
Office of the Secretary within forty-eight (48)
hours from the date of the recommendation.
Upon petition filed with the DSWD, the
parent(s) or legal guardian who voluntarily
Section 5. Declaration of Availability for committed a child may recover legal custody
Adoption. – Upon finding merit in the petition, and parental authority over him/her from the
the Secretary shall issue a certification agency or institution to which such child was
declaring the child legally available for voluntarily committed when it is shown to the
adoption within seven (7) working days from satisfaction of the DSWD that the parent(s) or
receipt of the recommendation. legal guardian is in a position to adequately
provide for the needs of the child: Provided,
That, the petition for restoration is filed within
(3) months after the signing of the Deed of agency who shall place a child for adoption
Voluntary Commitment. without the certification that the child is legally
available for adoption issued by the DSWD.
Any agency or institution found violating any
provision of this Act shall have its license to
Section 8. Certification. – The certification that
operate revoked without prejudice to the
a child is legally available for adoption shall be
criminal prosecution of its officers and
issued by the DSWD in lieu of a judicial order,
employees.
thus making the entire process administrative
in nature.

Violation of any provision of this Act shall

subject the government official or employee
The certification, shall be, for all intents and
concerned to appropriate administrative, civil
purposes, the primary evidence that the child
and/or criminal sanctions, including
is legally available in a domestic adoption
suspension and/or dismissal from the
proceeding, as provided in Republic Act No.
government service and forfeiture of benefits.
8552 and in an inter-country adoption
proceeding, as provided in Republic Act No.
8043.
Section 11. Repealing Clause. – Sections
2(c)(iii), 3(b), (e) and 8(a) of Republic Act No.
8552, Section 3(f) of Republic Act No. 8043,
Section. 9. Implementing Rules and
Chapter 1 of Title VII, and VIII of Presidential
Regulations. – The DSWD, together with the
Decree No. 603 and any law, presidential
Council for Welfare of Children, Inter-Country
decree, executive order, letter of instruction,
Adoption Board, two (2) representatives from
administrative order, rule, or regulation
licensed or accredited child-placing and child-
contrary to or inconsistent with the provisions
caring agencies or institution, National
of this Act are hereby reprealed, modified or
Statistics Office and Office of the Civil
amended accordingly.
Registrar, is hereby tasked to draft the
implementing rules and regulations of this Act
within sixty (60) days following its complete
publication. Section 12. Separability Clause. – If any
provision of this Act is held invalid or
unconstitutional, the other provisions not
affected thereby shall remain valid and
Upon effectivity of this Act and pending the
subsisting.
completion of the drafting of the implementing
rules and regulations, petitions for the
issuance of a certification declaring a child
legally available for adoption may be filled Section 13. Effectivity. – This Act shall take
with the regional office of the DSWD where the effect fifteen (15) days following its complete
child was found or abandoned. publication in two (2) newspapers of general
circulation or in the Official Gazette.

ARTICLE III
Section 10. Penalty. – The penalty of One
hundred thousand pesos (P100,000.00) to Two ELIGIBILITY
hundred thousand pesos (P200,000.00) shall
be imposed on any person, institution, or
Section 7. Who May Adopt. – The following (ii) one who seeks to adopt the legitimate
may adopt: son/daughter of his/her Filipino spouse; or

(a) Any Filipino citizen of legal age, in (iii) one who is married to a Filipino citizen and
possession of full civil capacity and legal seeks to adopt jointly with his/her spouse a
rights, of good moral character, has not been relative within the fourth (4th) degree of
convicted of any crime involving moral consanguinity or affinity of the Filipino
turpitude, emotionally and psychologically spouse; or
capable of caring for children, at least sixteen
(16) years older than the adoptee, and who is
in a position to support and care for his/her
(c) The guardian with respect to the ward after
children in keeping with the means of the
the termination of the guardianship and
family. The requirement of sixteen (16) year
clearance of his/her financial accountabilities.
difference between the age of the adopter and
adoptee may be waived when the adopter is
the biological parent of the adoptee, or is the
spouse of the adoptee's parent; Husband and wife shall jointly adopt, except in
the following cases:

(b) Any alien possessing the same

qualifications as above stated for Filipino (i) if one spouse seeks to adopt the legitimate
nationals: Provided, That his/her country has son/daughter of the other; or
diplomatic relations with the Republic of the
Philippines, that he/she has been living in the
Philippines for at least three (3) continuous
(ii) if one spouse seeks to adopt his/her own
years prior to the filing of the application for
illegitimate son/daughter: Provided, However,
adoption and maintains such residence until
that the other spouse has signified his/her
the adoption decree is entered, that he/she
consent thereto; or
has been certified by his/her diplomatic or
consular office or any appropriate government
agency that he/she has the legal capacity to
adopt in his/her country, and that his/her (iii) if the spouses are legally separated from
government allows the adoptee to enter each other.
his/her country as his/her adopted
son/daughter: Provided, Further, That the
requirements on residency and certification of
In case husband and wife jointly adopt, or one
the alien's qualification to adopt in his/her
spouse adopts the illegitimate son/daughter of
country may be waived for the following:
the other, joint parental authority shall be
exercised by the spouses.

(i) a former Filipino citizen who seeks to adopt

a relative within the fourth (4th) degree of
QUALIFICATIONS
consanguinity or affinity; or
 For as long as statutory qualifications,
exclusions and requirements for adoption are
met, relatives by blood or affinity are not
 precluded from adopting one another . adopt permit the court to ignore other relevant
(Santos v. Republic) considerations.
 An individual who has adopted a child or who
has legitimate or illegitimate children may still CONVICTION NECESSARY
adopt (Holfilena v. Republic)  Requirement that an adopter should not have
 An elder sister can adopt a younger brother been convicted of any crime involving moral
(Tavera v. CA) turpitude was lifted and taken from repealed
 A stepfather may adopt his step-child provisions of FC.
(Malkinson v. Agrava)  Take note – presumption of innocence.
 Policy of state, all measures to maintain he CONVICTION is necessary
natural parents’ authority and custody of their  It was clarified that pardon would not erase
children must be encouraged and disqualification since the provision refers to
implemented. Only when such efforts prove the fact of conviction and not the penalty per
insufficient and no appropriate placement o se imposed.
adoption within child’s extended family is  MORAL TURPITUDE: in connection with
available shall adoption by an unrelated one’s ability to rear a child.
person be considered. (Sec , Art 1)
AGE DIFFERENCE
GR: At least 16 years between adopter and
CAPACITY OF ADOPTIVE PARENTHOOD
 Adopter must be emotionally, psychologically adoptee.
capable of caring for children.
 It was previously set at 15 years for the
 Financially capable of supporting child
reason that it is the median age of old
adopted . *In position to provide for support
marriageable ages for 14 for females and
and care for his/her children in keeping with
16 for male.
the means of family*
 18 years difference was argued to be too
 Important because adoption should
wide, would result to disqualification of a
not be granted if prospective parent’s
lot of adopters
own children will be detrimentally
 Pointed inconsistent with the principle is
affected by entry of the would be
for the benefit of a child.
adopted child to family.
 Present “16 years of age” : compromise
OTHER FACTORS TO BE CONSIDERED solution

(Child welfare league of America, inc) ADVANCED AGE OF PROSPECTIVE PARENTS

 Age of prospective parents important --- but
1. Total personality of applicants NOT THE SOLE/CONTROLLING
2. Emotional maturity CONSIDERATION in determining best
3. Quality of marital relationshop interest of child.
4. Feeling about children  Other factors: Health of parents and kind of
5. Feeling about childlessness and home they could provide.
readiness to adopt
6. Motivation ALIEN
 Whether resident or non-resident can
 Best interest of child or one to be adopted
generally adopt for as long as they have all
: PRINCPAL CONSIDERATION.
the qualifications possessed by Filipino to
 Public policy favors adoption by family of the
adopt.
same race, religion, and intellectual ability as
 Before: they cant
the child
 But difference alone cannot be decisive in Requirement:
determining best welfare of child and does not 1. Country has diplomatic relations with
 Republic of Philippines. regulation of the conduct of guardians to
- Ensure that Philippine can monitor progress make sure that the properties of former have
of a Filipino adoptee in a foreign land in not been improperly managed by latter.
event alien adopter brings Filipino in  Sec 7(c) of Art III, makes termination of
adoptee in his own country
2. Living in PH for at least 3 continuous years guardianship and clearance of his or her
prior to filing application for adoption and financial accountabilities as pre-requuisite of
maintains such residence until adoption adoption by guardian of his/her ward
decree is entered. (Final and executory)  Purpose: prevent unscrupulous guardians
3. Certified by diplomatic consular office/ from escaping liability of impropriety.
appropriate government agency that (Hate you Count Olaf)
his/her government allows the adoptee to
enter his/her country as his/her
son/daughter. JOINT ADOPTION OF HUSBAND AND WIFE
 Requirement on residency and certification  Mandated by law for maintenance of harmony
may be waived in case alien intending to within family.
adopt is either of the following  Mandatory
1.) Former Filipino citizen who seeks to adopt  Child to be adopted is elevated to level of
a relative w/in 4th degree of consanguinity legitimate child, it is but to require spouses
or affinity adopt jointly. (Republic v. Toledano)
2.) Seeks to adopt legitimate son/daughter of  Justice Caguioa suggested that they make
his/her Filipino spouse mandatory that husband and wife to jointly
3.) Married to a Filipino citizen and seeks to adopt since if they allow one to adopt only
adopt jointly with spouse a relative within with written consent of the other, it would go
4th civil degree of consanguinity or affinity against the concept of joint parental authority.
of Filipino spouse.
 Waiver is not automatic but clearly
discretionary depending on appreciation of Section 8. Who May Be Adopted. – The
court/proper proceeding. following may be adopted:
 May or may not be allowed.
 If a Filipino adopts an alien, adopted alien (a) Any person below eighteen (18) years
does not acquire Filipino citizenship because of age who has been administratively or
such is acquired through naturalization which judicially declared available for adoption;
is regulated by special laws.
(b) The legitimate son/daughter of one
GUARDIANSHIP RELATION spouse by the other spouse;
 Trust relation of the most sacred character, in
which one person is called a guardian for (c) An illegitimate son/daughter by a
another, called ward whom law regards as qualified adopter to improve his/her status
incapable of managing his/her own affairs. to that of legitimacy;
 By virtue of guardianship, one becomes
authorized agent of minor to take care of and (d) A person of legal age if, prior to the
manage his/her property. adoption, said person has been
 BUT guardian’s power is limited to consistently considered and treated by the
management of ward’s properties. adopter(s) as his/her own child since
 The purpose of statute relating to minority;
guardianship is to safeguard rights and
interests of minors. (e) A child whose adoption has been
 The requirement of final accounting prior to previously rescinded; or
termination of guardianship relation is
intended for protection of rights of wards and
 (f) A child whose biological or adoptive (c) The legitimate and adopted
parent(s) has died: Provided, That no sons/daughters, ten (10) years of age or over,
proceedings shall be initiated within six (6) of the adopter(s) and adoptee, if any;
months from the time of death of said
parent(s). (d) The illegitimate sons/daughters, ten (10)
years of age or over, of the adopter if living
WHO MAY BE ADOPTED with said adopter and the latter's spouse, if
GR: Only minors may be adopted any; and
Exceptions:
(e) The spouse, if any, of the person adopting
1. Adopted is illegitimate child of adopter
or to be adopted.
2. Child to be adopted is the legitimate child
of his/her spouse WRITTEN CONSENT
3. Child has been consistently treated as  Considering that adoption decree with certain
child of the adopter during minority or exceptions introduces a “stranger” into
what joint Committees on Civil Code and existing family unit, the mandatory written
Family law referred to as “De facto consent required by law is the State’s way of
adoption. assuring itself that all members of family have
- De Facto adoption :made an exception to the been consulted and are amendable to
minority rule on assumption that formal introduction of new member in home.
adoption was omitted while person was still  By requiring consent adopter psychologically
minor and the reason for omission could be and emotionally prepares members of family
inaction or postponement to the idea of adoption instead of forcefully
- De Facto adoption must however be imposing them the adoptee without prior
converted to legal adoption with court consultation.
approval for all privileges, rights and duties of
adopter and the adoptee to legally attach. Tan Suarez v. Republic

Section 9. Whose Consent is Necessary to the - Statement subscribed and sworn before a
Adoption. – After being properly counseled notary pubic by natural parents of child sought
and informed of his/her right to give or to be adopted wherein they expressed their
withhold his/her approval of the adoption, the conformity to adoption of minor child by
written consent of the following to the petitioner was correctly admitted as evidence
adoption is hereby required: in an adoption proceeding
- Although no testimonial evidence identifying
signatures on said statement have been
introduced by petitioner.
(a) The adoptee, if ten (10) years of age or
- Because such evidence was duly
over;
authenticated by other evidence on record
strongly indicating that it is what it purports to
be.
(b) The biological parent(s) of the child, if - What is only needed under court procedures
known, or the legal guardian, or the proper is that written consent be attached to
government instrumentality which has legal petitions.
custody of the child;
Santos v. Aranzanso

- Consent by parents to adoption is not an

absolute requisite.
- If natural parents have abandoned their custodians, whether biological parents or
children, consent by guardian ad litem prospective adopters are merely secondary to
suffices. paramount or best interest of child.
- For abandonment, there must be total  Irrevocability rule should not be construed as
cessation of all parental duties. to give limitation to child’s best interest rule.
- Mere permitting child to remain for a time  If there are indeed compelling, concrete and
undisturbed in care of others is not such convincing evidences to show that restoration
abandonment. will be for best interest of child.
- If child is illegitimate, the consent can be  In exercising its discretion, TC is to be guided
given by mother alone because generally by principle that child’s welfare overrides all
parental authority is vested on mother and other considerations
since paternity is disputable.
- However if alleged father has already
acknowledged and admitted child is his and ARTICLE IV
there is no reason to doubt the same, his
PROCEDURE
consent must likewise be obtained.

CAN THE NATURAL PARENTS BE ALLOWED

TO WITHDRAW THEIR CONSENT TO Section 10. Hurried Decisions. – In all
ADOPTION OF THEIR NATURAL CHILD PRIOR
TO ADOPTION DECREE? proceedings for adoption, the court shall
 No binding commitment by biological parents require proof that the biological parent(s) has
to an adoption plan shall be permitted before been properly counseled to prevent him/her
the birth of child. from making hurried decisions caused by
 6 months: from time the biological parents strain or anxiety to give up the child, and to
made their decision shall be allowed for sustain that all measures to strengthen the
biological parents to reconsider any decision family have been exhausted and that any
to relinquish his/her child for adoption. prolonged stay of the child in his/her own
 So there is statutory estoppel for 6 months – home will be inimical to his/her welfare and
on part of biological parents interest.
 It does not expressly admit exceptions suc as
when the prospective adopters suddenly
decide not to adopt anymore, and at the same Section 11. Case Study. – No petition for
time, biological parents decide to assume or adoption shall be set for hearing unless a
resume parental responsibilities licensed social worker of the Department, the
 Pit would have been better had the law merely social service office of the local government
created a presumption of the biological unit, or any child-placing or child-caring
parents’ incapacity to be parents after 6 agency has made a case study of the adoptee,
months, thereby shifting to them the burden of his/her biological parent(s), as well as the
proving that the withdrawal of their consent is adopter(s), and has submitted the report and
for best interest of child. recommendations on the matter to the court
 In case where adopters decide not to adopt, hearing such petition.
courts or administrative agencies concerned
must be given the leeway to again ask for
biological parents whether or not they still
maintain their decision to relinquish child to be At the time of preparation of the adoptee's
adopted. case study, the concerned social worker shall
 In all matters concerning custody of child, it confirm with the Civil Registry the real identity
must be a rule that rights of would-be and registered name of the adoptee. If the
birth of the adoptee was not registered with
the Civil Registry, it shall be the responsibility If the child is below seven (7) years of age and
of the concerned social worker to ensure that is placed with the prospective adopter(s)
the adoptee is registered. through a pre-adoption placement authority
issued by the Department, the prospective
adopter(s) shall enjoy all the benefits to which
biological parent(s) is entitled from the date
The case study on the adoptee shall establish
the adoptee is placed with the prospective
that he/she is legally available for adoption
adopter(s).
and that the documents to support this fact
are valid and authentic. Further, the case
study of the adopter(s) shall ascertain his/her
genuine intentions and that the adoption is in NATURE OF ADOPTION PROCEEDINGS
the best interest of the child. - Adoption is a juridical act, a proceeding in
rem, which creates between two persons a
relationship similar to that which results from
legitimate paternity and filiation.
The Department shall intervene on behalf of
- Only an adoption made through court or in
the adoptee if it finds, after the conduct of the
accordance with rule laid down under Rule 99
case studies, that the petition should be
of ROC is valid in this jurisdiction
denied. The case studies and other relevant
- Wholly artificial.
documents and records pertaining to the
- To establish relation, statutory requirements
adoptee and the adoption shall be preserved
must be carried out
by the Department.
Section 13. Decree of Adoption. – If, after the
publication of the order of hearing has been
Section 12. Supervised Trial Custody. – No complied with, and no opposition has been
petition for adoption shall be finally granted interposed to the petition, and after
until the adopter(s) has been given by the consideration of the case studies, the
court a supervised trial custody period for at qualifications of the adopter(s), trial custody
least six (6) months within which the parties report and the evidence submitted, the court is
are expected to adjust psychologically and convinced that the petitioners are qualified to
emotionally to each other and establish a adopt, and that the adoption would redound to
bonding relationship. During said period, the best interest of the adoptee, a decree of
temporary parental authority shall be vested in adoption shall be entered which shall be
the adopter(s). effective as of the date the original petition
was filed. This provision shall also apply in
case the petitioner(s) dies before the issuance
of the decree of adoption to protect the
The court may motu proprio or upon motion of interest of the adoptee. The decree shall state
any party reduce the trial period if it finds the the name by which the child is to be known.
same to be in the best interest of the adoptee,
stating the reasons for the reduction of the
period. However, for alien adopter(s), he/she
must complete the six (6)-month trial custody NO COLLATERAL ATTACK
except for those enumerated in Sec. 7 (b) (i) (ii)  Once adoption decree is issued, it cannot be
(iii). attacked collaterally.
 Validity of an adoption decree can only be
assailed in a direct proceeding initiated
precisely to invalidate the adoption decree
EFFECTIVITY OF ADOPTION DECREE Section 14. Civil Registry Record. – An
 Effective as of date of original petition was amended certificate of birth shall be issued by
part the Civil Registry, as required by the Rules of
 However I Tamargo v. CA – Supree court Court, attesting to the fact that the adoptee is
rejected view that upon entry of adoption the child of the adopter(s) by being registered
decree relative to child, the adopting parents with his/her surname. The original certificate
should be held liable for death caused by of birth shall be stamped "cancelled" with the
adopted on ground that adoption decree annotation of the issuance of an amended
should retroact as of date of filing. birth certificate in its place and shall be sealed
 SC – retroactivity of decree stated by law in the civil registry records. The new birth
should not apply to this case as it goes certificate to be issued to the adoptee shall
against principle of vicarious liability of not bear any notation that it is an amended
parents issue.
 No actual or physical custody over adopted
child CERTFICATE OF BIRH
 Retroactive effect may perhaps be given gto  Upon finality of adoption decree, surname of
granting of petition of such adoption where adopted shall be changed to surname of
such is essential to permit accrual of some adopter.
benefit or advantage in favor of adopted child.  Original birth certificate of adoptee shall be
canceled and replaced by new one without
ART 35: Trial custody – parental custody is any indication or annotation that same is an
provisionally vested in adopting parents amended issue.
 To preserve confidentiality of adoption
process

Section 15. Confidential Nature of Proceedings

and Records. – All hearings in adoption cases
REGISTRATION
shall be confidential and shall not be open to
 Duty of interested parties or petitioners to
the public. All records, books, and papers
register the same in LCR of municipality
relating to the adoption cases in the files of
where decree was issued.
the court, the Department, or any other agency
 Duty of clerk of court: ascertain whether same
or institution participating in the adoption
has been registered and if it has not been
proceedings shall be kept strictly confidential.
done, to send a copy of said decree to civil
registry of city or municipality where the court
is functioning.
 The local civil registry where original birth If the court finds that the disclosure of the
certificate of subject child is recorded or information to a third person is necessary for
registered must be furnished a copy of the purposes connected with or arising out of the
adoption by clear implication of Sec 13 so that adoption and will be for the best interest of the
an amended birth certificate may be issued. adoptee, the court may merit the necessary
information to be released, restricting the
MIDDLE NAME OF ADOPTED purposes for which it may be used.
 In matter of Adoption of Stephanie Nathy
Astorga: SC alloed the adopted child to use
as her middle name the surname of biological
mother who was not married to biological REASON FOR CONFIDENTILITY OF RECORDS
father-adopter and who consented to the IN ADOPTION PROCEEDINGS
adoption. - Confidentiality is perceived to promote
 SC: no law prohibiting same to be done. efficacy of adoption process and to protect
 the rights and interests of natural parents, - When adoptee is a minor, here is no dispute
the adopters and the adoptees. (Alma that he sealed record provisions serve this
Society , Inc. v. Mellon) end.
- Confidentiality is needed to protect right of - Child is protected from any stigma resulting
privacy of natural parents --- natural parents from illegitimacy, neglect or abuse.
having determined it is the best interest of - Preclusion of outside interference allows the
themselves and the child to have placed child adopted child to develop a relationship of love
for adoption. and cohesiveness with new family unit.
- Not merely for anonymity but also with - Prior to adulthood, adoptee’s interest is
statutory assurance that his/her identity as consistent with that of adopting and natural
child’s parents will be shielded from public parents.
disclosure. - Right of privacy is not absolute
- Offers fresh start to parties so that natural - It allows court to evaluate needs of adoptee
parents making this agonizing decision are as well as the nature of relationship and
assured that parent-child relationship will be choices made by all parties concerned
completely severed both legally and socially - The statute, by proiding for release of
and may put behind the mistake and adoption records, only upon issuance of court
misfortunes precipitating this fateful act order, does not more than allow court to
- If it were otherwise, adopted child may re- balance interest of all parties and make a
enter their lives with disastrous results determination based on facts and
- There must be finality for natural parents and circumstances of each individual case.
a new beginning if there is a right of privacy
not to be lightly infringed It would seem to be ARTICLE V
theirs.
EFFECTS OF ADOPTION
- Confidentiality must also be promoted to
protect right of adopting parents
- The adopting parents have taen into their
homes ac hild whom they will regard as their Section 16. Parental Authority. – Except in
own and whom they will love, support and cases where the biological parent is the
raise as an integral part of family unit. spouse of the adopter, all legal ties between
- Should be given opportunity to create stable the biological parent(s) and the adoptee shall
family relationship free from unnecessary be severed and the same shall then be vested
intrusion. on the adopter(s).
- (Klibanoff Genealogical Information in
Adoption: The Adoptees Quest and Law)
 Primary interest of public is to preserve the
SEVERANCE OF LEGAL TIES
integrity of adoptive process, that is the
 Right to parental authority is purely personal
continued existence of adoption as humane
 It cannot be renounced or waived except in
solution to serious social problem of children
those cases provided by law.
who are or may become unwanted, abused or
 Once adoption decree has become final,
neglected.
parental authority of biological parents is
 Court should not increase risk of neglect of
effectively cut.
any child, nor should we force parents to
 The only exception: biological parent is the
resort to black market in order to surrender
spouse of adopter.
children they can’t care of.
 Joint parental authority over children.
- State certainly must protect interest of
adoptees as well as rights of natural and Section 17. Legitimacy. – The adoptee shall be
adopting parents. considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as reciprocal rights of succession without
such is entitled to all the rights and distinction from legitimate filiation.
obligations provided by law to legitimate  An adopted child is a legal or intestate heir of
sons/daughters born to them without adopter.
discrimination of any kind. To this end, the  Adopter is also a legal or intestate heir of
adoptee is entitled to love, guidance, and adopted.
support in keeping with the means of the  Legal or intestate heirs : entitled by law to
family. legitime.

Legal or intestate succession takes place:

EFFECTS OF ADOPTION 1. If person dies w/o will or void will or

- Make adopted child the natural child of one which subsequently lost its
adoptive parents validity;
- Give adopted child hee same legal relation to 2. Will does not institute an heir to or
foster parent as child of his body dispose of all property belonging to
- Divests natural arens of relation which the had testator
theretofore sustained toward infact and such 3. Suspensive condition attached to
change of relation is in no way affected by institution of heir does not happen or
deat of foster parent/s. (Betz v. Horr) is not fulfilled or if eir dies before
- Dissolving authority vested in natural parents testator or repudiates the heritance
over adopted child except when adopting there being no substation to right of
parent is spouse of natural parent of adopted. accretion takes place.
- Adopting paents have right to care and 4. Heir instituted is incapable of
custody of adopted child and exercise succeeding except in cases provided
parental authority and responsibility over him in Civil Code.
- Adopter: give consent to marriage of adopted  Adopter is survived only by his or her
child (18-21y/o) adoptee, latter gets whole of estate of
- Upon death of adoptive parents, no re- adopted.
establishment or rights of natural parents. - Adoptee will not only get his/her legitime,
- Nor does child’s coming of age of his/her which constitutes ½ but also free portion.
subsequent marriage affect his/her status as - Free portion of estate is that part of esttae
adopted child. which after determining legitime of legal heirs
- Relation established by adoption is limited to can be given to anybody.
adopting parents and does not extend to their  If adopter is survived only by adoptee and
other relatives except as expressly provided legitimate child of adopter, collective legitime
by law. Relationship is only one of parent and is ½ of estate which they will have to divide
child. equally.
 If survivors are only the adoptee and
Section 18. Succession. – In legal and legitimate child of adopter, ½ of estate shall
intestate succession, the adopter(s) and the go to adoptee and ¼ shall go to illegitimate
adoptee shall have reciprocal rights of child and balance of ¼ shall be divided
succession without distinction from legitimate between adoptees and illegitimate child using
filiation. However, if the adoptee and his/her ratio of 2:1 in favor of adoptee becaue rule
biological parent(s) had left a will, the law on that an illegitimate child gets half of what
testamentary succession shall govern. legitimate child gets.
 If adoptee who dies and the only survivor is
LEGAL OR INTESTATE SUCCESSION
the adopter, adopter gets ½ of estate of
 Law provides that in legal and intestate
succession adopters and adoptee shall have
 his/her legitime and he also gets other half  Representative does not succeed the person
which is the free portion. represented but the one whom person
 Biological parents will not get anything represented would have succeeded. (ART
because all legal ties are severed between 971 CC)
them.  Insofar as adoption is concerned,, it is a rule
 If decedent-adoptee has legitimate that successional rights of adopted and
children of his/her own, only these adopter are purely statutory and are therefore
children will inherit to the exclusion of limited by statute.
adopter.  Unless provided by adoption statute, adopted
 BUT if children are illegitimate, adopter gets ½ child does not inherit from lineal or collateral
of estate and other half goes to illegitimate kindred of adoptive parents
children.  Present Domestic Adopton Law only creates
the relationship of parent and child.
 Intestate succession : “reciprocal rights of
succession w/o distinction from legitimate
Illustrate understanding of rules : DO YOU GET IT ? 
filiation”
 Law does not give adoptee right of
representation because it does not involve
“reciprocal” right between parent and child .
 As stated, representative is called to the
succession by law and not person
represented.
 representative does not succeed person
represented but one whom person
represented would have succeeded.
 Hence in event that adopter predeceases
his/her parent, adoptee cannot inherit from
adopter’s parent because that is not reciprocal
right between adopter and adoptee.
 There is nothing in present Domestic Adopion
Law which grants by lega fiction to the
adoptee the right of representation.
 KEYWORD: “RECIPROCAL”

TESTATE SUCCESSION
- Adoptee and his/her biological parent(s) had
left will law on testamentary succession shall
RIGHT OF REPRESENTATION
govern.
 Adopted and adoptee does not have the right
- :refers to situation where decedent left a will
of representation in law of succession
to govern disposition of his/her after his/her
(Mariategui v. CA)
death
 Representation is a right created by fiction of
- Diba, through will, one is given the permission
law, by virtue of which, the representative is
to control disposition of his/her properties
raised to the place and degree of persons
subject to the limitations provided for by law…
represented and acquires right which latter
to take effect after his/her death [like: law with
would have if he were living or he could have
regard to legitme]
inherited (Art 970 CC)
- Adoptee is a compulsory heir of testator.
 Representative is called to succession by law
- Preterition is applicable to adopted children
and not by person represented.
vis-avis the adopter’s last will and testament
- Preterition : omission of compulsory heir in incapacitated his/her guardian or
direct line in testator’s will. --- “annuls the counsel
institution of heirs in a will, but the devises Over 18 not Can file without
and legacies shall be valid insofar as they are incapacitated assistance (capable
for all acts of civil life)
not inofficious. (Art 853 CC)
 Contemplates situation where adoption
- Considering that all legal ties are severed
decree is valid up to time of termination.
between adoptee and his biological parents,
 If adoption decree is void, it can be assailed in
the latter shall not inherit anything by way of
a direct proceeding by any interested party
legitme.
such as biological parent whose consent was
- However, if there is still a free-portion left on
not obtained.
estate of decedent adoptee, he/she can give
same to his/her parents via stipulation in last MALTREATMENT
will and testament.  Repeated physical and verbal maltreatment
by adopter(s) despite having undergone
counseling is a ground for rescission.
ARTICLE VI  Adopted is entitled to have wholesome family
life.
RESCISSION OF ADOPTION  He/she is entitled to be moved from
destructive environment induced or created by
adopters.

Section 19. Grounds for Rescission of ATTEMPT ON LIFE

Adoption. – Upon petition of the adoptee, with  Very serious ground
the assistance of the Department if a minor or  It is criminal
if over eighteen (18) years of age but is  Endangers life of adoptee
incapacitated, as guardian/counsel, the  Purpose of adoption is to provide adoptee a
adoption may be rescinded on any of the family environment which will ensure
following grounds committed by the productive life on part of adoptee
adopter(s): (a) repeated physical and verbal
maltreatment by the adopter(s) despite having SEXUAL ASSUALT OR VIOLENCE
undergone counseling; (b) attempt on the life  Highly detrimental psychological trauma after
of the adoptee; (c) sexual assault or violence; sexual assault or violence can linger for quite
or (d) abandonment and failure to comply with long period of time, and may even have an
parental obligations. effect on character ad well-being of adopted in
his/her adult years.
 Adoptee must immediately be removed from
such environment
Adoption, being in the best interest of the
child, shall not be subject to rescission by the ABANDONMENT
adopter(s). However, the adopter(s) may  Abandonment and failure to comply with
disinherit the adoptee for causes provided in parental duties also directly negate purpose of
Article 919 of the Civil Code. adoption.
 If adopter cannot perform his/her duties and
RECISSION responsibilities, adoption decree should be
 Adoptee is given legal standing to rescind terminated.
adoption decree.  Abandonment willful and deliberate act of
ADOPTEE IS A HE/SHE SHALL BE foregoing all parental duties.
Minor Assisted by DSWD  May be intentional/ result of negligence
Exactly 18y/o Assisted DSWD
Over 18 y/o but DSWD shall act as DISINHEITANCE OF ADOPTEE
 While adopter cannot rescind adoption acquired prior to judicial rescission shall be
decree, he/she is given right to disinherit respected.
adoptee.
 Effected only through will
 Legal cases provided for by Art 919 CC
All the foregoing effects of rescission of
1. Guilty of attempt to life of testator, his
adoption shall be without prejudice to the
spouse, ascendants, or descendants
penalties imposable under the Penal Code if
2. Accussed testator of crime for which law
the criminal acts are properly proven.
prescribes imprisonment for 6 years or
more, if accusation has been found to be
groundless
3. Convicted of adultery or concubinage with ARTICLE VII
spouse of testator
4. Child/Descendant by fraud, violence, VIOLATIONS AND PENALTIES
intimidation or undue influence causes
testator to make a will or to change one
already made Section 21. Violations and Penalties. – (a) The
5. Refusal without justifiable cause to penalty of imprisonment ranging from six (6) years
support parent/ascendant who disinherits and one (1) day to twelve (12) years and/or a fine
6. Maltreatment of testator by word, or deed not less than Fifty thousand pesos (P50,000.00),
7. Leads a dishonorable or disgraceful life but not more than Two hundred thousand pesos
8. Conviction of crime which carries with it (P200,000.00) at the discretion of the court shall
penalty of civil interdiction. be imposed on any person who shall commit any
 If adoptee has given rise to legal cause for of the following acts:
disinheritance, subsequent reconciliation
between him and adopter depreprives adopter
of right to disinherit and renders ineffectual
any disinheritance that may have been made. (i) obtaining consent for an adoption through
coercion, undue influence, fraud, improper
Section 20. Effects of Rescission. – If the material inducement, or other similar acts;
petition is granted, the parental authority of
the adoptee's biological parent(s), if known, or
the legal custody of the Department shall be
(ii) non-compliance with the procedures and
restored if the adoptee is still a minor or
safeguards provided by the law for adoption; or
incapacitated. The reciprocal rights and
obligations of the adopter(s) and the adoptee
to each other shall be extinguished.
(iii) subjecting or exposing the child to be adopted
to danger, abuse, or exploitation.
The court shall order the Civil Registrar to
cancel the amended certificate of birth of the
adoptee and restore his/her original birth (b) Any person who shall cause the fictitious
certificate. registration of the birth of a child under the
name(s) of a person(s) who is not his/her
biological parent(s) shall be guilty of simulation of
birth, and shall be punished by prision mayor in its
Succession rights shall revert to its status
medium period and a fine not exceeding Fifty
prior to adoption, but only as of the date of
thousand pesos (P50,000.00).
judgment of judicial rescission. Vested rights
 and perpetually excluded from entry to the
country.
Any physician or nurse or hospital personnel who,
in violation of his/her oath of office, shall
cooperate in the execution of the abovementioned
crime shall suffer the penalties herein prescribed Any government official, employee or functionary
and also the penalty of permanent disqualification. who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with
private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance
Any person who shall violate established with existing civil service laws, rules and
regulations relating to the confidentiality and regulations: Provided, That upon the filing of a
integrity of records, documents, and case, either administrative or criminal, said
communications of adoption applications, cases, government official, employee, or functionary
and processes shall suffer the penalty of concerned shall automatically suffer suspension
imprisonment ranging from one (1) year and one until the resolution of the case.
(1) day to two (2) years, and/or a fine of not less
than Five thousand pesos (P5,000.00) but not
more than Ten thousand pesos (P10,000.00), at
the discretion of the court. Section 22. Rectification of Simulated Births. – A
person who has, prior to the effectivity of this Act,
simulated the birth of a child shall not be punished
for such act: Provided, That the simulation of birth
A penalty lower by two (2) degrees than that was made for the best interest of the child and
prescribed for the consummated offense under that he/she has been consistently considered and
this Article shall be imposed upon the principals of treated by that person as his/her own
the attempt to commit any of the acts herein son/daughter: Provided, further, That the
enumerated. Acts punishable under this Article, application for correction of the birth registration
when committed by a syndicate or where it and petition for adoption shall be filed within five
involves two (2) or more children shall be (5) years from the effectivity of this Act and
considered as an offense constituting child completed thereafter: Provided, finally, That such
trafficking and shall merit the penalty of reclusion person complies with the procedure as specified
perpetua. in Article IV of this Act and other requirements as
determined by the Department.

Acts punishable under this Article are deemed

committed by a syndicate if carried out by a group NON-LIABILITY FOR SIMULATING BIRTHS
of three (3) or more persons conspiring and/or - Sec 22: provides the conditions which will not
confederating with one another in carrying out any make persons who, prior to effectively of law,
of the unlawful acts defined under this Article. simulated or caused the simulation of birth of
Penalties as are herein provided, shall be in child.
addition to any other penalties which may be - RATIONALE: absence of any criminal intent
imposed for the same acts punishable under other of simulator.
laws, ordinances, executive orders, and - To enable families in situation to rectify their
proclamations. simulated births, we have to assure them that
they will not be prosecuted for “falsification of
public documents” so long as it can be show
When the offender is an alien, he/she shall be that simulation of birth was undertaken in
deported immediately after service of sentence good faith and in best interest of child, and
 provided that they apply for rectification of shall formulate the necessary guidelines to
their “informal” adoption within 2 year period make the provisions of this Act operative.
from this proposed law. [law passed: period of
5 years] .
- Bar from prosecution is justified because
Section 25. Appropriations. – Such sum as
decision to adopt was not taken for personal
may be necessary for the implementation
gain or to illicit or dishonorable purposes.
of the provisions of this Act shall be
- Application for rectification of simulated birth
included in the General Appropriations Act
is ultimately to protect rights and interest of
of the year following its enactment into law
child
and thereafter.
ARTICLE VIII

FINAL PROVISIONS
Section 26. Repealing Clause. – Any law,
presidential decree or issuance, executive
order, letter of instruction, administrative
Section 23. Adoption Resource and order, rule, or regulation contrary to, or
Referral Office. – There shall be inconsistent with the provisions of this Act
established an Adoption Resources and is hereby repealed, modified, or amended
Referral Office under the Department with accordingly.
the following functions: (a) monitor the
existence, number, and flow of children
legally available for adoption and
Section 27. Separability Clause. – If any
prospective adopter(s) so as to facilitate
provision of this Act is held invalid or
their matching; (b) maintain a nationwide
unconstitutional, the other provisions not
information and educational campaign on
affected thereby shall remain valid and
domestic adoption; (c) keep records of
subsisting.
adoption proceedings; (d) generate
resources to help child-caring and child-
placing agencies and foster homes
maintain viability; and (e) do policy Section 28. Effectivity Clause. – This Act
research in collaboration with the shall take effect fifteen (15) days following
Intercountry Adoption Board and other its complete publication in any newspaper
concerned agencies. The office shall be of general circulation or in the Official
manned by adoption experts from the Gazette.
public and private sectors.

Approved: February 25, 1998

Section 24. Implementing Rules and
Regulations. – Within six (6) months from
the promulgation of this Act, the
Department, with the Council for the RA 8043
Welfare of Children, the Office of Civil INTER-COUNTRY ADOPTION ACT
Registry General, the Department of 1995
Justice, Office of the Solicitor General, and
two (2) private individuals representing
Republic Act 8043
child-placing and child-caring agencies
 "AN ACT ESTABLISHING THE RULES TO
GOVERN INTER-COUNTRY ADOPTION OF
FILIPINO CHILDREN, AND FOR OTHER Sec. 3. Definition of Terms. — As used in
PURPOSES" this Act. the term:

INTER-COUNTRY ADOPTION
 Socio-legal process of adopting a Filipino
(a) Inter-country adoption refers to the
Child
socio-legal process of adopting a Filipino
 BY:
child by a foreigner or a Filipino citizen
1.) Foreign National
permanently residing abroad where the
2.) Filipino Citizen permanently residing
petition is filed, the supervised trial
abroad
custody is undertaken, and the decree of
 where petition for adoption is
adoption is issued outside the Philippines.
filed,
 supervised trial custody is (b) Child means a person below fifteen
undertaken (15) years of age unless sooner
 and decree of adoption is issued emancipated by law.
in foreign country where applicant
resides (c) Department refers to the Department
of Social Welfare and Development of the
Republic of the Philippines.

GENERAL PROVISIONS (d) Secretary refers to the Secretary of

the Department of Social Welfare and
Section 1. Short Title. — This Act shall be
Development.
known as the "Inter-Country Adoption Act
of 1995." (e) Authorized and accredited agency
refers to the State welfare agency or a
licensed adoption agency in the country of
Sec. 2. Declaration of Policy. — It is hereby the adopting parents which provide
declared the policy of the State to provide comprehensive social services and which
every neglected and abandoned child with is duly recognized by the Department.
a family that will provide such child with
(f) Legally-free child means a child who
love and care as well as opportunities for
has been voluntarily or involuntarily
growth and development. Towards this
committed to the Department, in
end, efforts shall be exerted to place the
accordance with the Child and Youth
child with an adoptive family in the
Welfare Code.
Philippines. However, recognizing that
inter-country adoption may be considered (g) Matching refers to the judicious
as allowing aliens not presently allowed by pairing of the adoptive child and the
law to adopt Filipino children if such applicant to promote a mutually satisfying
children cannot be adopted by qualified parent-child relationship.
Filipino citizens or aliens, the State shall
take measures to ensure that inter-country (h) Board refers to the Inter-country
adoptions are allowed when the same shall Adoption Board.
prove beneficial to the child's best
interests, and shall serve and protect
his/her fundamental rights.
DEFINITIONS
 Child: below 15 years of age (can be legally engaged in child-care and placement
adopted activities. As such, it shall:
 “Unless sooner emancipated” : Erroneous
 R.A 6809 : Age of emancipation = 18 y/o
 Decree of adoption is issued in the foreign
(a) Protect the Filipino child from abuse,
country where applicant resides thereby
exploitation, trafficking and/or sale or any
creating a permanent parent-child relationship
other practice in connection with adoption
between child and adoptive parents
which is harmful, detrimental, or
ADDITIONAL TERMS “ Section 3
prejudicial to the child;
Chairperson
- Chairperson of board
(b) Collect, maintain, and preserve
Committee
- Inter-Country Adoption Placement confidential information about the child
Committee and the adoptive parents;
Foreign Adoption Agency
- State welfare agency or licensed and (c) Monitor, follow up, and facilitate
accredited agency in country of foreign completion of adoption of the child
adoptive parents through authorized and accredited agency;
- Provide comprehensive social services
- Duly recognized by department (d) Prevent improper financial or other
Child-Caring Agency gain in connection with an adoption and
- Welfare agency : 24 hr resident group deter improper practices contrary to this
care service for physical, mental, social
Act;
and spiritual wellbeing of 9 or more
mentally gifted, abandoned, neglected,
(e) Promote the development of
disabled or disturbed children or youth
offenders. adoption services including post-legal
Child Placing Agency adoption;
- Institution licensed by Department to
assume care, custody, protection and (f) License and accredit child-
maintenance of children for purpose of caring/placement agencies and collaborate
adoption, guardianship or foster care. with them in the placement of Filipino
children;

(g) Accredit and authorize foreign

adoption agency in the placement of
ARTICLE II
Filipino children in their own country; and
THE INTER-COUNTRY ADOPTION BOARD
(h) Cancel the license to operate and
Sec. 4. The Inter-Country Adoption Board. blacklist the child-caring and placement
— There is hereby created the Inter- agency or adoptive agency involved from
Country Adoption Board, hereinafter the accreditation list of the Board upon a
referred to as the Board to act as the finding of violation of any provision under
central authority in matters relating to this Act.
inter-country adoption. It shall act as the
policy-making body for purposes of
carrying out the provisions of this Act, in Sec. 5. Composition of the Board. — The
consultation and coordination with the Board shall be composed of the Secretary
Department, the different child-care and of the Department as ex officio Chairman,
placement agencies, adoptive agencies, as and six (6) other members to be appointed
well as non-governmental organizations by the President for a nonrenewable term
of six (6) years: Provided, That there shall (g) to institute systems and procedures
be appointed one (1) psychiatrist or to prevent improper financial gain in
psychologist, two (2) lawyers who shall connection with adoption and deter
have at least the qualifications of a improper practices which are contrary to
regional trial court judge, one (1) this Act;
registered social worker and two (2)
representatives from non-governmental (h) to promote the development of
organizations engaged in child-caring and adoption services, including post-legal
placement activities. The members of the adoption services,
Board shall receive a per diem allowance
(i) to accredit and authorize foreign
of One thousand five hundred pesos
private adoption agencies which have
(P1,500) for each meeting attended by
demonstrated professionalism,
them: Provided, further, That no
competence and have consistently
compensation shall be paid for more than
pursued non-profit objectives to engage in
four (4) meetings a month.
the placement of Filipino children in their
own country: Provided, That such foreign
private agencies are duly authorized and
Sec. 6. Powers and Functions of the accredited by their own government to
Board. — The Board shall have the conduct inter-country adoption: Provided,
following powers and functions: however, That the total number of
authorized and accredited foreign private
adoption agencies shall not exceed one
hundred (100) a year;
(a) to prescribe rules and regulations as
it may deem reasonably necessary to carry (j) to take appropriate measures to
out the provisions of this Act, after ensure confidentiality of the records of the
consultation and upon favorable child, the natural parents and the adoptive
recommendation of the different agencies parents at all times;
concerned with the child-caring,
placement, and adoption; (k) to prepare, review or modify, and
thereafter, recommend to the Department
(b) to set the guidelines for the of Foreign Affairs, Memoranda of
convening of an Inter-country Adoption Agreement respecting inter-country
Placement Committee which shall be adoption consistent with the
under the direct supervision of the Board; implementation of this Act and its stated
goals, entered into, between and among
(c) to set the guidelines for the manner
foreign governments, international
by which selection/matching of
organizations and recognized international
prospective adoptive parents and adoptive
non-governmental organizations;
child can be made;
(l) to assist other concerned agencies
(d) to determine a reasonable schedule
and the courts in the implementation of
of fees and charges to be exacted in
this Act, particularly as regards
connection with the application for
coordination with foreign persons,
adoption;
agencies and other entities involved in the
(e) to determine the form and contents process of adoption and the physical
of the application for inter-country transfer of the child; and
adoption;
 (m) to perform such other functions on ARTICLE III
matters relating to inter-country adoption
as may be determined by the President. PROCEDURE

INTER-COUNTRY ADOPTION BOARD Sec. 7. Inter-Country Adoption as the Last

 Art 3 Sec 4: Meeting Resort. — The Board shall ensure that all
 Board shall meet regularly or upon call of possibilities for adoption of the child
chairperson under the Family Code have been
 Absence of Chairperson, members present exhausted and that inter-country adoption
who constitute a quorum may choose is in the best interest of the child. Towards
presiding officer from among themselves this end, the Board shall set up the
 MAJORITY OF ALL MEMBERS = Quorum guidelines to ensure that steps will be
 Art 3 Sec 5: Voting taken to place the child in the Philippines
 Board shall act as a body before the child is placed for inter-country
 Chairperson shall not vote in meeting except adoption: Provided, however, That the
to break a tie maximum number that may be allowed for
 Art 4, Sec 6 : Executive Director foreign adoption shall not exceed six
 Board shall have a secretariat headed by hundred (600) a year for the first five (5)
Exec. Director years.
 Exec director : Appointed by chairperson with
concurrence of majority of members of board
 Art 4 Sec 7 : Functions of Executive Director GUIDELINES
 Act as executive officer of Secretariat  Provided in Rules and Regulations
 Supervision over its personnel  From time to time, Board may modify rules
 Act as Secretary of Board provided that they are not inconsistent with
 Art 4, Sec 8 : Qualifications of Executive law.
Director  Matter of placement of child depends largely
 Qualifications of Director IV on placement committee and licensed local
 Master’s degree in Social Work or its child-caring placing agencies and accredited
equivalent n a related discipline foreign adoption agencies
 5 years supervisory experience  Art 5: Placement Committee
 2 years of which should be in area of child  Art 5, Sec 11
care or placement  Matching of child upon recommendation of
 Art 4, Sec 9 : Support Staff Committee
 Art 4, Sec 10 : Functions of Secretariat  5 members
1. Maintain and Facilitate communications 1. Psychiatrist/ Psychologist
with committee and different government 2. Medical doctor/Pediatrician
offices, non-government agencies and 3. Lawyer
general public 4. Registered Social Worker
2. Review and process applications, 5. Representative of non-governmental
matching proposals, and al documents organization engaged in child
requiring action of the board welfare activities
3. Review licensing and accreditation  Term : 2 years (may be renewed)
applications of agencies for action by  Art 5, Sec 12: Functions of Committee
board  Carry out integrated system and network of
4. Provide secretariat, records keeping, and selection and matching of applicants and
other services children
5. Such other duties board may direct  Recommend to board approval of applications
and matching proposals
 Performs such other functions and duties as that all pertinent requirements for proper
may be prescribed by Board ntrcountry adoption valid.
 Art 5, Sec 13: Allowances of Committee  Inspection of facilities every 4 years
Members:  May require periodic reports
 1,000/ meeting attended  Art 6, Sec 20: Fees
 Shall not exceed 4,000/month  No fee/charge (of any kind) in connection to
 Art 6: LICENSING AND ACCREDITATION licensing and accreditation
 Art 6, Sec 16 : Local Child-Caring and Child-  Art 7: SUSPENSION OR REVOCATION OF
placing agency LICENSE OR ACCREDITATION
 Only those licensed and accredited by  Art 7, Sec 21: Grounds:
department 1.) Imposing/Accepting directly or indirectly
 With personnel and facilities to undertake a any consideration in exchange of an
comprehensive child welfare program shall be allocation of child in violation of rules
accredited by Board to participate in inter- 2.) Misrepresenting or counseling any vital
country adoption program information required under the Rules
 Art 6, Sec 17: Foreign Adoption Agencies 3.) Offering money, goods or services to any
 Must be granted by board an accreditation in member/official/employee/representative of
its own name board to give preference to adoption process
 Accreditation issued upon submission of the 4.) Advertising or publishing name/photograph of
following child for adoption to influence any person to
apply for adoption except special homefinding
1.) License and/or accreditation or for hard to place children
authorization from its government 5.) Failure to perform any act required under the
2.) Names and Qualifications of rules : (that results to prejudice to
members child/applicant)
3.) Detailed description of programs 6.) Appointing or designating any liason or agent
4.) Audited financial report including without prior approval of board
sources of funds and adoption fee 7.) Engaging in matching arrangements or any
and charges contact to pre-identify child in violation of rules
5.) Undertaking to assume responsibility 8.) Any other violations of the act, rules and other
for selection of qualified applicants, related laws.
compliance with Philippine laws on
inter-country adoption
6.) Other requirements which board may
deem necessary Sec. 8. Who May be Adopted. — Only a legally
 Art 6, Sec 18: Liaison Services free child may be the subject of inter-country
 Only non-profit licensed and accredited child- adoption. In order that such child may be
caring or child placing agency shall be considered for placement, the following
allowed to serve as representative of foreign documents must be submitted to the Board:
adoption agency and subject to prior approval
(a)Child study;
by board based on specific requirements
 Board shall periodically review liason services (b)Birth certificate/foundling certificate;
and may terminate any such services when
after evaluation as proen to have violated (c)Deed of voluntary commitment/decree
requirements of abandonment/death certificate of
 Art 6, Sec 19: Renewal of accreditation parents;
 Board shall reaccredit previously accredited
foreign adoption agencies in order to ensure (d)Medical evaluation /history;
 (e)Psychological evaluation, as (f) is in a position to provide the proper care
necessary; and and support and to give the necessary moral
values and example to all his children,
(f)Recent photo of the child. including the child to be adopted;

(g) agrees to uphold the basic rights of the

child as embodied under Philippine laws, the
QUALIFIED CHILDREN
U.N. Convention on the Rights of the Child,
 Any child voluntary or involuntary committed
and to abide by the rules and regulations
to department as dependent, abandoned and
issued to implement the provisions of this Act;
neglected pursuant to the provisions of the
Child and Youth Welfare Code (h) comes from a country with whom the
 Provided, in case child who is voluntarily Philippines has diplomatic relations and
committed, physical transfer of said child shall whose government maintains a similarly
be made not earlier than 6 months from date authorized and accredited agency and that
of deed of voluntary commitment was excuted adoption is allowed under his/her national
by child’s biological parents. laws; and
 Prohibition against physical transfer of said
child shall not apply to adoption by relative or (i) possesses all the qualifications and none
children special medical conditions of the disqualifications provided herein and in
other applicable Philippine laws.

Sec. 9. Who May Adopt. — An alien or a

Filipino citizen permanently residing abroad QUALIFIED ADOPTERS
may file an application for inter-country  If married person is to adopt, he/she shall file
adoption of a Filipino child if he/she: jointly with his/her spouse, f any who shall
have same qualifications and none of
disqualifications o adopt as prescribed in rules
(a) is at least twenty-seven (27) years of age Sec. 10. Where to File Application. — An
and at least sixteen (16) years older than the application to adopt a Filipino child shall be
child to be adopted, at the time of application filed either with the Philippine Regional Trial
unless the adopter is the parent by nature of Court having jurisdiction over the child, or
the child to be adopted or the spouse of such with the Board, through an intermediate
parent: agency, whether governmental or an
authorized and accredited agency, in the
(b) if married, his/her spouse must jointly
country of the prospective adoptive parents,
file for the adoption;
which application shall be in accordance with
(c) has the capacity to act and assume all the requirements as set forth in the
rights and responsibilities of parental implementing rules and regulations to be
authority under his national laws, and has promulgated by the Board.
undergone the appropriate counseling from an
The application shall be supported by the
accredited counselor in his/her country;
following documents written and officially
(d) has not been convicted of a crime translated in English.
involving moral turpitude;
(a) Birth certificate of applicant(s);
(e) is eligible to adopt under his/her national
(b) Marriage contract, if married, and
law;
divorce decree, if applicable;
 (c) Written consent of their biological or Sec. 12. Pre-adoptive Placement Costs. — The
adoptive children above ten (10) years of age, applicant(s) shall bear the following costs
in the form of sworn statement; incidental to the placement of the child;

(d) Physical, medical and psychological

evaluation by a duly licensed physician and
psychologist; (a) The cost of bringing the child from the
Philippines to the residence of the applicant(s)
(e) Income tax returns or any document abroad, including all travel expenses within
showing the financial capability of the the Philippines and abroad; and
applicant(s);
(b) The cost of passport, visa, medical
(f) Police clearance of applicant(s); examination and psychological evaluation
required, and other related expenses.
(g) Character reference from the local
church/minister, the applicant's employer and
a member of the immediate community who
have known the applicant(s) for at least five (5) Sec. 13. Fees, Charges and Assessments. —
years; and Fees, charges, and assessments collected by
the Board in the exercise of its functions shall
(h) Recent postcard-size pictures of the be used solely to process applications for
applicant(s) and his immediate family; inter-country adoption and to support the
activities of the Board.
The Rules of Court shall apply in case of
adoption by judicial proceedings. PRE-ADOPTIVE PLACEMENT COST
 Upon acceptance of matching proposal,
applicant through foreign adoption agency,
shall pay the expenses incidental to re-
Sec. 11. Family Selection/Matching. — No
adoptive placement of child
child shall be matched to a foreign adoptive
 Includes cost of child’s travel and medical and
family unless it is satisfactorily shown that the
psychological evaluation and other related
child cannot be adopted locally. The
expenses.
clearance, as issued by the Board, with the
copy of the minutes of the meetings, shall Sec. 14. Supervision of Trial Custody. — The
form part of the records of the child to be governmental agency or the authorized and
adopted. When the Board is ready to transmit accredited agency in the country of the
the Placement Authority to the authorized and adoptive parents which filed the application
accredited inter-country adoption agency and for inter-country adoption shall be responsible
all the travel documents of the child are ready, for the trial custody and the care of the child. It
the adoptive parents, or any one of them, shall shall also provide family counseling and other
personally fetch the child in the Philippines. related services. The trial custody shall be for
a period of six (6) months from the time of
placement. Only after the lapse of the period
MATCHING of trial custody shall a decree of adoption be
 Judicipus pairing of applicant and child o issued in the said country a copy of which
promote a mutually satisfying parent-child shall be sent to the Board to form part of the
relationship. records of the child.
 Rules and regulations provide for manner how
matching shall be made
During the trial custody, the adopting court. For purposes of this Act, an adoption is
parent(s) shall submit to the governmental illegal if it is effected in any manner contrary
agency or the authorized and accredited to the provisions of this Act or established
agency, which shall in turn transmit a copy to State policies, its implementing rules and
the Board, a progress report of the child's regulations, executive agreements, and other
adjustment. The progress report shall be taken laws pertaining to adoption. Illegality may be
into consideration in deciding whether or not presumed from the following acts:
to issue the decree of adoption.

(1)consent for an adoption was acquired

The Department of Foreign Affairs shall set up through, or attended by coercion, fraud,
a system by which Filipino children sent improper material inducement;
abroad for trial custody are monitored and
checked as reported by the authorized and (2)there is no authority from the Board to
accredited inter-country adoption agency as effect adoption;
well as the repatriation to the Philippines of a
(3)the procedures and safeguards placed
Filipino child whose adoption has not been
under the law for adoption were not complied
approved.
with; and

(4)the child to be adopted is subjected to, or

TRIAL AND CUSTODY FOR ADOPTION exposed to danger, abuse and exploitation.
DECREE
-Rules and regulations prescribe
(b)Any person who shall violate established
regulations relating to the confidentiality and
CONFIDENTIALITY integrity of records, documents and
 Just like in domestic adoption, inter- communications of adoption applications,
country adoption law provides for cases and processes shall suffer the penalty
confidentiality of records of adoption of imprisonment ranging from one (1) year and
one (1) day to two (2) years, and/or a fine of
ARTICLE IV not less than Five thousand pesos (P5,000),
but not more than Ten thousand pesos
PENALTIES
(P10,000), at the discretion of the court.

Sec. 16. Penalties. —

A penalty lower by two (2) degrees than that
prescribed for the consummated felony under
this Article shall be imposed upon the
(a) Any person who shall knowingly principals of the attempt to commit any of the
participate in the conduct or carrying out of an acts herein enumerated.
illegal adoption, in violation of the provisions
of this Act, shall be punished with a penalty of
imprisonment ranging from six (6) years and
Acts punishable under this Article, when
one (1) day to twelve (12) years and/or a fine of
committed by a syndicate or where it involves
not less than Fifty thousand pesos (P50,000),
two or more children shall be considered as
but not more than Two hundred thousand
pesos (P200.000), at the discretion of the
an offense constituting child trafficking and the provisions of this Act within six (6) months
shall merit the penalty of reclusion perpetua. after its effectivity.

Acts punishable under this Article are deemed Sec. 19. Appropriations. — The amount of Five
committed by a syndicate if carried out by a million pesos (P5,000,000) is hereby
group of three (3) or more persons conspiring appropriated from the proceeds of the Lotto
and/or confederating with one another in for the initial operations of the Board and
carrying out any of the unlawful acts defined subsequently the appropriations of the same
under this Article.Penalties as are herein shall be included in the General
provided shall be in addition to any other Appropriations Act for the year following its
penalties which may be imposed for the same enactment.
acts punishable under other laws, ordinances,
executive orders, and proclamations.

Sec. 20. Separability Clause. — If any

provision, or part hereof is held invalid or
CRIMINAL ACTS unconstitutional, the remainder of the law or
 Mala prohibita the provision not otherwise affected, shall
 Mere perpetration of act is enough to be remain valid and subsisting.
adjgdeged guilty of committing crime
 No more need of showing bad faith or
malice
Sec. 21. Repealing Clause. — Any law, decree,
Sec. 17. Public Officers as Offenders. — Any executive order, administrative order or rules
government official, employee or functionary and regulations contrary to, or inconsistent
who shall be found guilty of violating any of with the provisions of this Act are hereby
the provisions of this Act, or who shall repealed, modified or amended accordingly.
conspire with private individuals shall, in
addition to the above-prescribed penalties, be
penalized in accordance with existing civil Sec. 22. Effectivity Clause. — This Act shall
service laws, rules and regulations: Provided, take effect fifteen (15) days after its
That upon the filing of a case, either publication in two (2) newspapers of general
administrative or criminal, said government circulation.
official, employee or functionary concerned
shall automatically suffer suspension until the Approved: June 7, 1995
resolution of the case.

ARTICLE V

FINAL PROVISIONS

Sec. 18. Implementing Rules and Regulations.

— The Inter-country Adoption Board, in TITLE VIII. SUPPORT
coordination with the Council for the Welfare
of Children, the Department of Foreign Affairs, Art. 194. Support comprises everything
and the Department of Justice, after due indispensable for sustenance, dwelling,
consultation with agencies involved in child- clothing, medical attendance, education and
care and placement, shall promulgate the transportation, in keeping with the financial
necessary rules and regulations to implement capacity of the family.
The education of the person entitled to be  At 195 : who re obliged to support each other
supported referred to in the preceding  FC did not adopt the provision of Art 301 CC
paragraph shall include his schooling or - Right to receive support cannot be renounced
training for some profession, trade or nor can it be transmitted to third persons and
vocation, even beyond the age of majority. enither could it be compensated with what the
Transportation shall include expenses in receipient owes obligor, the very nature of
going to and from school, or to and from place support as a mandatory and essential
of work. obligation nevertheless demands the same
cannot be waived, renounced transmitted or
compensated as such obligation is necessary
for exercise, survival and well being of
SUPPORT
individual sought to be supported.
 Whatever is necessary to keep a person alive.
 SC: “support is the most sacred and
 Indispensible
important of all obligatons imposed by
 However, clause includes “in keeping with
law”
financial position of family”
 Waiver, renunciation, transmission or
- Determines amount of support to be given
compensation of right to receive support
- Eliminates distinction between natural support
cannot still be undertaken as such acts are
and civil support
contrary to LaMoGPupo pursuant to Art 6 CC.
Natural Support Civil Support  Likeise, being a mandatory obligation, it shall
Basic necessities Anything beyond be void pursuant to Art 5 CC.
basic necessities  Importance reiterated in Art 2035 “no
compromise shall be valid upon question of
future support”
Schooling Training
Formal education Non-formal education (De Asis v. CA)

 Mother on a previous support case

Art. 195. Subject to the provisions of the manifested that it was useless to claim further
succeeding articles, the following are support for her son from defendant who
obliged to support each other to the whole denied paternity and where she agreed to
extent set forth in the preceding article: dismissal of said case provided the defendant
did not pursue his counterclaim.
(1) The spouses;
 SC: such manifestations did not bar mother
(2) Legitimate ascendants and from filing subsequent case for support on
descendants; behalf of same child against same defendant.
 Such agreement is likewise in nature of
(3) Parents and their legitimate children compromise which cannot be countenanced
and the legitimate and illegitimate children as it violates prohibition against any
of the latter; compromise of right of future support.
 If paternity is an issue, its existence or
(4) Parents and their illegitimate children
absence must be judicially established and
and the legitimate and illegitimate children
cannot be left to will or agreement of parties
of the latter; and
BETWEEN SPOUSES
(5) Legitimate brothers and sisters,
 VALID MARRIAGE : gives rise to duty of
whether of full or half-blood
husbands and wives to support each other
(Santos v. Sweeney)
MANDATORY NATURE
 Support is a mandatory obligation
 Based on obligation to mutually help each  IF VALID MARRIAGE IS AN ISSUE
other, created by the matrimonial bond. - Aggrieved party canot be given support
(Mendoza v. Parungao) pendete lite (during pendency of suit)
 Mere act of marriage creates an obligation on immediately without due hearing because
part of husband to support wife. prior to rendition of final judgment declaring
 Enforcement of which is of such vital concern existence or non-existence of marriage,
of state itself that law will not permit him to nothing exist except the allegation f marriage
terminate it by his own wrongful acts in driving and denial thereof (Yangco v. Rohde)
his wife to seek protection in parental home.  Pending proceeding for legal separation or
 Pro tanto separation resulting from decree of annulment of marriage
separate support is not an impeachment of - Spouses shall be supprited by ACP or CP as
public policy by which marriage is regarded as the case may be.
so sacred and inviolable in nature; it is merely  In case of legal separation (Art 198)
a stronger policy overruling a weaker one; and - Court may order guilty party to support the
except in so far only as such separation is innocent one, even after separation has been
tolerated as means of preserving public peace decreed.
and morals may be considered, it does not in - GR: Ceases
any respect whatever impair the marriage - EX: court orders otherwise
contract or for any purpose place the wife in  Once marriage is annulled or declared void ab
situation of a feme sole. initio, obligation to give support ceases.
 Pro tanto – only for the extent.
ASCENDANTS AND DECSCENDANTS
(Dadivas de Villanueva v. Villanueva)  All members of family in direct legitimate
ascending and descending line are obliged to
- Sc allowed separate maintenance to be given support each other.
to the wife by husband who was the cause of  PURPOSE: ensure that members of family do
separation of said couple not allow any member of same family to
- Law is not unreasonable as to require a wife become burden to society.
to live in marital relations with husband whose
incurable proposenity towards women makes (Francisco v. Zandueta)
common habitation with him unbearable.
- Husband cannot by his own wrongful acts - Action for support brought by minor through
relieve himself from duty to support his wife his guardian ad litem
imposed by law; and where a husband by law - Alleges that he is son of petitioner
- Where husband by his wrongful, illegal and - Necessary for him to prove hs civl status as
unbearable conduct drives his wife from such son
domicile fixed by him, he cannot take - Civil status of sonship being denied and this
advantage of her departure to abrogate the civil status from which the right of support is
law applicable to marital relations and derived bein in issue, it is apparent that ni
repudiate his duties thereunder. effect can be made given such a claim until an
authority declares that there is existence of
(Quintana v. Lerma) such cause for support.
 Valid defense to refuse support by husband to
- Adultery of wife is a valid defense against child claiming support is that such chld is the
action for support. fruit of an adulterous relationship for in such
 Spouse who leaves conjugal home or refuses case, it would not be child of person from
to live therein without just cause shall not whom support is sought and hence not
have right to be supported from CP or ACP entitled to support
BETWEEN PARENTS AND THEIR LEGITIMATE - This provisio however is not a condition
CHILDREN AND THE LEGITMATE AND precedent to right of conceived child; if it
ILLEGITIMATE CHILDREN OF LATTER. were, first part of Art 40 ineffective
 Under law, parents are obliged to support
their children and their grandchildren whether BETWEEN LEGITIMATE BROTHERS AND
legitimately or illegitimately related to their SISTERS WHETHER FULL OR HALF
legitimated children. BROTHERS AND SISTERS
 BASIS: “as long as one is related by blood to  LIMITED to legitimate.
person who is supposed to give support, there  Unlces, aunts, nephews and nieces are not
is no reason why the obligation to support him obliged to support each other.
should fall on society and not In is family.
 However, person obliged to support each
other is limited from grandparents to Art. 196. Brothers and sisters not legitimately
grandchildren only vice versa related, whether of the full or half-blood, are
likewise bound to support each other to the
(Civil Code and Family Code Committees:
full extent set forth in Article 194, except only
explanation of inclusion of even an illegitimate
when the need for support of the brother or
child)
sister, being of age, is due to a cause
- Illegitimate children are clearly burdened by imputable to the claimant's fault or negligence.
stigma of bastardy
ILLEGITIMATE BROTHERS AND SISTERS
- No reason why committee should further inflict
 Brothers and sisters, illegitimately related
punishment or other disabilities on them.
whether of full or half blood are also entitled to
- There is no illegitimate children there are only
support each other
illegitimate parents
 However if an illegitimate brother/sister is of
BETWEEN PARENTS AND THEIR ILLEGITIATE age AND need for support is due to his/her
CHILDREN AND THE LEGITIMTE AND fault or negligence
ILLEGITIMATE CHILRE OF LATTER - SUPPORT not a demandable right and may
 Parents are likewise obliged to support their not be given at all
illegitimate children and their grandchildren
whether or not legitimately or illegitimately Art. 197. In case of legitimate ascendants;
related to their illegitimate children vice versa descendants, whether legitimate or
 Persons obliged to support each other are illegitimate; and brothers and sisters, whether
limited from grandparents to grandchildren legitimately or illegitimately related, only the
only, vice versa separate property of the person obliged to
 (Montefalcon v. Vasquez) Hearing for support give support shall be answerable provided
pendent lite, status of child is an issue, that in case the obligor has no separate
alleged child can get support in meantime property, the absolute community or the
while case is pending from alleged parent f conjugal partnership, if financially capable,
status as such has been proven provisionally. shall advance the support, which shall be
- This can only be attained if there is prima deducted from the share of the spouse obliged
facie evidence. upon the liquidation of the absolute
 (Quimiguing v. Icao) community or of the conjugal partnership.
- Conceived child, although as yet unborn, is
SOURCE
given by law a provisional personality of its
- From separate property of person obliged to
own for all purposes favorable to it, provided it
give support in favor of his/her legitimate
be born later with the conditions specified in
ascendants, legitimate or illegitimate
the following article
descendants, brothers and sisters wherether
 legitimately or illegitimately related shall be  However, support under this chapter is
obtained. principally obtained from separate property of
- IF legitimate ascendants or descendants are spouses
common children of spouses or the legitmate  (Reyes v Ines Luciano)
children of either spouse, ACP or CPG shall - Mere allegation that wife committed adultery
be principally charged for support. will not bar her from right to receive support
- Different from personal support owing to them pendent lite
from father or mother as provided in Art 195 - Adultery is a good defense and if properly
and 197. proved and sustained, will defeat the action.
- ACP or CPG , if financially capable shall - In determining award to be awarded as
advance the support, which shall be deducted support pendente lite, it is not necessary to go
from share of spouses obliged upon fully into merits of case, it being sufficient that
liquidation of ACP or CPG if there’s no court, ascertain kinds and amount of evidence
separate property of obligor. which it may deem sufficient to enable it to
- *must be no separate property available not justly resolve the application.
merely insufficiency thereof* - It is enough that facts be established by
- Illegitimate children of either spouses --- mere affidavits or other documentary evidence
insufficiency of separate property is enough to appearing in records.
make ACP or CPG liable in the meantime  (Lerma v. CA)
- Art 197 does not indicate where spouse will - While adultery may be defense in an action
get the support of other spouse. for personal support, that is, support of wife by
- Principally, ACP or CPG shall be liable for husband from his own funds, it is not a
support of spouses defense when support is to be taken from
- However, support of spouses is also part of conjugal partnership property.
support of family and in absence of - Art 292 is not itself a source of legal right. It
ACP/CPG, support can be taken from fruits or merely states that support, not only of
income of separate property of obligor- spouses but also of children shall be taken
spouse, and in case of insufficiency or from CPG during pendency of legal
absence, from separate property itself. separation proceeding. It contemplates the
 If particular spouse leaves home without just pendency of court action and inferentially at
cause – not entitled to support least a prima facie showing that action will
prosper.
Art. 198. During the proceedings for legal - For if action shown to be groundless mere
separation or for annulment of marriage, and filing thereof will not necessarily set Art 292 in
for declaration of nullity of marriage, the operation.
spouses and their children shall be supported - Right to separate support or maintenance
from the properties of the absolute community even from CPG, presupposes existence of
or the conjugal partnership. After the final justifiable cause for spouse claiming such
judgment granting the petition, the obligation right to live separately.
of mutual support between the spouses - Petition in bad faith, such as that filed by one
ceases. However, in case of legal separation, who is himself guilty of an act which
the court may order that the guilty spouse constitutes as ground for legal separation
shall give support to the innocent one, cannot be considered as within intendment of
specifying the terms of such order. law granting support

SUPPORT PENDENTE LITE

 Pending litigation, if there is ACP or CPG,
support of spouses and children shall be
drawn from such
Art. 199. Whenever two or more persons are Art. 202. Support in the cases referred to in
obliged to give support, the liability shall the preceding article shall be reduced or
devolve upon the following persons in the increased proportionately, according to
order herein provided: the reduction or increase of the
necessities of the recipient and the
(1) The spouse; resources or means of the person obliged
(2) The descendants in the nearest degree; to furnish the same.
(3) The ascendants in the nearest degree;
and PROPORTIONALITY
(4) The brothers and sisters  When law mandates that those related by
marriage and family relationship are obliged to
support each other, law is not unreasonable
Art. 200. When the obligation to give support as to contemplate a situation where one
falls upon two or more persons, the payment giving support shall be compelled to make
of the same shall be divided between them in such support to the detriment of his/her own
proportion to the resources of each. family.
 Support must be based on necessities of
However, in case of urgent need and by recipient and resources or means of person
special circumstances, the judge may order obliged to give support.
only one of them to furnish the support
provisionally, without prejudice to his right to CREDIBLE DEDUCTIONS
Susan Lim-Lua, petitioner v. Danilo Y. Lua,
claim from the other obligors the share due
respondent
from them.
G.R. No. 175279-80, June 5, 2013
When two or more recipients at the same time
claim support from one and the same person Facts:
legally obliged to give it, should the latter not
have sufficient means to satisfy all claims, the Petitioner Susan Lim-Lua filed an action for the
order established in the preceding article shall declaration of nullity of her marriage with
be followed, unless the concurrent obligees respondent Danilo Y. Lua. In her prayer for
should be the spouse and a child subject to support pendente lite for herself and her two
parental authority, in which case the child children, petitioner sought the amount
shall be preferred. ofP500,000.00 as monthly support, citing
respondent’s huge earnings from salaries and
ORDER OF PRIORITY dividends in several companies and businesses
 In presence of spouse, descendants of
here and abroad.
nearest in degree cannot be obliged to give
support.
 Manganon v. C
- SC ordered grandfather who was proven to be After due hearing, Judge Raphael B. Yrastorza,
well-off to support his grandchildren Sr. issued an Order granting support pendente
considering that their parents were not lite, forthe amount of Two Hundred Fifty
capable of supporting the children, (P250,000.00) Thousand Pesos would be
sufficient to take care of the needs of the plaintiff.
Art. 201. The amount of support, in the This amount excludes the One hundred thirty-five
cases referred to in Articles 195 and 196, (P135,000.00) Thousand Pesos for medical
shall be in proportion to the resources or attendance expenses needed by plaintiff for the
means of the giver and to the necessities operation of both her eyes which is demandable
of the recipient. upon the conduct of such operation. The amounts
already extended to the two (2) children, being a may suffice to enable it to justly resolve the
commendable act of defendant, should be application. It is enough that the facts be
continued by him considering the vast financial established by affidavits or other documentary
resources at his disposal. evidence appearing in the record.

Respondent filed a motion for reconsideration, In this case, the amount of monthly support
asserting that petitioner is not entitled to spousal pendente lite for petitioner and her two children
support considering that she does not maintain for was determined after due hearing and submission
herself a separate dwelling from their children and of documentary evidence by the parties. Although
respondent has continued to support the family for the amount fixed by the trial court was reduced on
their sustenance and well-being in accordance appeal, it is clear that the monthly support
with family’s social and financial standing. CA pendente lite of P115,000.00 ordered by the CA
rendered its Decision, finding merit in was intended primarily for the sustenance of
respondent’s contention that the trial court gravely petitioner and her children, e.g., food, clothing,
abused its discretion in granting P250,000.00 salaries of drivers and house helpers, and other
monthly support to petitioner without evidence to household expenses. Petitioner’s testimony also
prove his actual income. mentioned the cost of regular therapy for her
scoliosis and vitamins/medicines.
Issue:
As to the financial capacity of the respondent, it is
Whether certain expenses already incurred by the beyond doubt that he can solely provide for the
respondent may be deducted from the total subsistence, education, transportation,
support in arrears owing to petitioner and her health/medical needs and recreational activities of
children? his

Ruling: The Family Court may direct the deduction of the

provisional support from the salary of the
As a matter of law, the amount of support which
parent.Since the amount of monthly support
those related by marriage and family relationship
pendente lite as fixed by the CA was not appealed
is generally obliged to give each other shall be in
by either party, there is no controversy as to its
proportion to the resources or means of the giver
sufficiency and reasonableness. The dispute
and to the needs of the recipient. Such support
concerns the deductions made by respondent in
comprises everything indispensable for
settling the support in arrears. The amounts
sustenance, dwelling, clothing, medical
already extended to the two (2) children, being a
attendance, education and transportation, in
commendable act of petitioner, should be
keeping with the financial capacity of the family.
continued by him considering the vast financial
Upon receipt of a verified petition for declaration resources at his disposal.
of absolute nullity of void marriage or for
PROVISIONAL CHARACTER OF SUPPORT
annulment of voidable marriage, or for legal JUDGMENT
separation, and at any time during the proceeding,  Because of changing needs of recipient and
the court, motu proprio or upon verified application the changing ability that any judgment for
of any of the parties, guardian or designated support does not become final
custodian, may temporarily grant support  (Advincula v. Advincula)
pendente lite prior to the rendition of judgment or - Right to support is of such nature that its
final order. Because of its provisional nature, a allowance is essentially provisional; for during
court does not need to delve fully into the merits entire period that a needy party is entitled to
of the case before it can settle an application for support, his/her alimony may be modified or
this relief. All that a court is tasked to do is altered in accordance with his increased or
determine the kind and amount of evidence which decreased needs, and with the means of the
 giver. It cannot be regarded with final  Under Art 203 FC - payment shall be made
determination. from me it was extra judicially demanded or
 Marcelo v. Estacio from time it was judicially demanded
- Once need of plaintiff arise, she has right to  (Sy v. CA)
bring action for support, for it is only then that - Even if support were not prayed for in a
her cause of action accrues. custody suit but it was sought during the
- It is demandable from date in wich plaintiff hearing of the case without objection of other
was in need of same party a decision on support can be obtained
 Velayo v. Velayo even if pleadings were not amended to
- Judgment for support does ot become conform to evidence
dormant
- Support becomes due from time to time as SUPPOR IN ARREARS
provided and is enforceable by simple motion (Mangonon v. CA)
at antime except as to installments not
 SC allowed payment of support in arrears
recovered within statutes of limitation
considering that the children who should have
Art. 203. The obligation to give support shall been given support, must have already
be demandable from the time the person who finished their schooling by the time decision
has a right to receive the same needs it for was rendered.
maintenance, but it shall not be paid except  Amount of support to be paid was computed
from the date of judicial or extra-judicial from time they entered college until they had
demand. finished respective studies

Support pendente lite may be claimed in Art. 204. The person obliged to give support
accordance with the Rules of Court. shall have the option to fulfill the obligation
either by paying the allowance fixed, or by
Payment shall be made within the first five receiving and maintaining in the family
days of each corresponding month or when dwelling the person who has a right to receive
the recipient dies; his heirs shall not be support. The latter alternative cannot be
obliged to return what he has received in availed of in case there is a moral or legal
advance. obstacle thereto

DEMAND OPTION
 Payment of amount for support start only from  Right to elect the manner in which this support
time support has been judicially or extra- shall be given is a right conferred by law upon
judicially demanded. (Sy v. CA) the person whose duty it is to give such
 Support does include what is necessary for support.
the education, clothing of person entitled  Right is not absolute as to prevent cases
thereto. being considered wherein either because this
 BUT support must be demanded and right to it right would be opposed to exercise of a
established before it becomes payable preferential right or because of existence of
 Right of support does it arise from mere fact if some justifiable cause morally opposed to
relationship even from the relationship of removal of party enjoying the maintenance of
parents and children right of selection must thereby be restricted
 IT ARISES from imperative necessity without (U.S v. Alvir)
which it cannot be demanded and law  (Gaitia v. Campos Rueda)
presumes that such necessity does not exist - Wife who was forced to leave conjugal abode
unless support is demanded. by husband without fault on her part, may
 Need for support cannot be presumed. maintain an action against husband for
 BUZZ WORD: “DEMAND”
 separate maintenance when she has no other QUASI-CONTRACT
remedy  Resulting relationship between stranger and
- Notwithstanding provision of law giving person persons obliged to give support under Art 206
who is obliged to furnish support the option to and 207 is a quasi-contract
satisfy it either b paying fixed pension or  Art 2142 CC provides that quasi-contract is a
receiving and maintaining in is home one juridical relation which arises from certain
having right to same lawful, voluntary and unilateral acts to the end
 (Mangonon v. CA) that one shall be unjustly enriched or
- SC rejected choice of one giving support benefited at expense of another (Lacson
(grandfather) in accordance with hierarchy to v.Lacson)
take custody of grandchildren while they were  Whoever advances the support shall be
in good terms prior to the filing of suit for entitled to be reimbursed unless grantor gives
support pendent lite it as an act of liberality or without intending to
- Relationship of grandfather to grandchildren be reimbursed.
already turned sour during pendency of suit.  However, requirements under Art 206 for a
stranger to be reimbursed must be present.
Art. 205. The right to receive support under  (Ramirez and De Marcaidea v. Redfern 1925 )
this Title as well as any money or property - Spouse who obtained a sum of money on
obtained as such support shall not be levied different occasins from her sister and where
upon on attachment or execution. sister and her husband sued husband of said
spouse for reimbursement
EXEMPTION FROM ATTACHMENT OR
- SC HELD: for one to recover
EXECUTION
1.) Alleged and prove : support has been
 Anything obtained by way of support
furnished a dependent of one bound to
necessarily implies provisions made for the
give support but who fails to do so
survival and well being of recipient
2.) Support was supplied by stranger
 It cannot be attached nor be subject of
3.) Support was given without knowledge of
execution
person charged with duty.
 However, in case contractual support or that
- Negative qualification is when support was
given by will, the excess in amount beyond
given without expectation of recovering it.
the required for legal support shall be subject
- It may be conceded that Mr. and Mrs.
to levy or attachment or execution.
Ramirez did not support Mrs. Redfern with
Art. 206. When, without the knowledge of the money out of charity.
person obliged to give support, it is given by a - Third requisite of law is also taken out of
stranger, the latter shall have a right to claim consideration since Mr. Redfern is first to
the same from the former, unless it appears acknowledge that money was anded to his
that he gave it without intention of being wife by Mr. and Mrs. Ramirez without his
reimbursed. knowledge.
- Court believes however that there is a failure
Art. 207. When the person obliged to support of proof as to first essential and possibly the
another unjustly refuses or fails to give 2nd essential of law.
support when urgently needed by the latter, - POINT OF INTEREST HOWEVER
any third person may furnish support to the o Wife accepted assistance from another when
needy individual, with right of reimbursement it is not shown that she had ever made any
from the person obliged to give support. This complaint to her husband or any of its agents
Article shall particularly apply when the father with regard to her allowance.
or mother of a child under the age of majority o Testimony of husband : Uncontradicted that
unjustly refuses to support or fails to give he hadgiven his English agent instructions to
support to the child when urgently needed. furnish wife with any reasonable sum she
 needed bearing in mind his financial condition  Contractual support is one which is entered
but she never took advantage of offer. into by parties usually with reciprocal duties
o Reason for decreasing allowance was his and obligations
precarious financial situation in 1921 and  Not mandated by law
1922.  In case of contractual support and given by
o HUSBAND SHOULD BE GIVEN will, excess in amount beyond required for
OPPORTUNITY TO RENDER NEEDFUL legal support shall be subject to levy on
ASSSTANCE. attachment or execution
 If situation occurred under FC, it could be  Only contractual support and not support
proven owever that loan given to wife given in a will is subject to adjustment
redounded to benefit of famly, CPG/ACP whenever modification is necessary due to
may be held liable pursuant to Art 94 and changes of circumstances manifestly beyond
121 of FC contemplation of parties.
 Basis of contractual support -- agreement

TITLE IX
 ART 207 Requisites
PARENTAL AUTHORITY
Chapter 1. General Provisions
1. Urgent need to be supported on part of
recipient
Art. 209. Pursuant to the natural right and duty
2. Person obliged to give support
of parents over the person and property of
unjustly refuses or fails to give
their unemancipated children, parental
support
authority and responsibility shall include the
3. Third person furnishes support to
caring for and rearing them for civic
needy individual
consciousness and efficiency and the
 If all present, then third person shall have right
development of their moral, mental and
to reimbursement
physical character and well-being.
 Phrase “when urgently needed” refers ot only
to failure to give support but unjust refusal
NATURAL RIGHT
 Art 207 particularly applies when father or
 Natural affection between parents and
mother of chld under age of majority unjustly
offspring has always been recognized and
refuses to give support to child urgently in
inherent natural right.
need.
 It is cardinal that custody, care and nurture of
Art. 208. In case of contractual support or that
child reside first in parents whose primary
given by will, the excess in amount beyond
function and freedom include preparation for
that required for legal support shall be subject
obligations the state can neither supply nor
to levy on attachment or execution.
hinder.
Furthermore, contractual support shall be
PARENTAL AUTHORITY
subject to adjustment whenever modification
 Right and duty of parents under law of nature
is necessary due to changes of circumstances
as well as common law and statutes of many
manifestly beyond the contemplation of the
states to protect their children, care for them
parties.
in sicknes and in health and to do whatever
may be necessary for their care, maintenance
CONTRACTUAL AND TESTAMENTARY
SUPPORT and preservation.
 Legal support is that which is mandated by  Except as modified by legislation relating to
law to be given and that which is provided in domestic affairs, family as remained a self-
Art 194. governing entity under discipline of parents
 Supremacy of mother and father in their own GROUNDS
home as regards control of their children is Art. 228. Parental authority terminates
permanently:
generally recognized. (1) Upon the death of the parents;
 (Cang v. CA) (2) Upon the death of the child; or
- Parental authority involves a mass of rights (3) Upon emancipation of the child.
Art. 229. Unless subsequently revived by a final
and obligations which law grants for purpose
judgment, parental authority also terminates:
of children’s physical preservation and (1) Upon adoption of the child;
development as well as cultivation of their (2) Upon appointment of a general guardian;
parental authority (3) Upon judicial declaration of abandonment of
the child in a case filed for the purpose;
- There is no power but a task ; no complex (4) Upon final judgment of a competent court
rights but a sum of duties; no sovereignty but divesting the party concerned of parental
a sacred trust for welfare of minor. authority; or
(5) Upon judicial declaration of absence or
incapacity of the person exercising parental
Art. 210. Parental authority and responsibility authority
may not be renounced or transferred except in Art. 230. Parental authority is suspended upon
the cases authorized by law. conviction of the parent or the person exercising
the same of a crime which carries with it the
RENUNCIATION AND TRANSFER OF penalty of civil interdiction. The authority is
PARENTAL AUTHORITY automatically reinstated upon service of the
 Upbringing of children is a sacred duty penalty or upon pardon or amnesty of the
entrusted to parents offender.
 Cannot be renounced, transferred except in Art. 231. The court in an action filed for the
purpose in a related case may also suspend
cases authorized by law. parental authority if the parent or the person
(Santos v. CA) exercising the same:
- father not shown to be unfit took away son (1) Treats the child with excessive harshness or
cruelty;
from custody of grandparents through deceit,
(2) Gives the child corrupting orders, counsel or
false pretentions and trickery example;
- SC: Father has rightful custody of child (3) Compels the child to beg; or
- Right attached to parental authority, being (4) Subjects the child or allows him to be
subjected to acts of lasciviousness.
purely personal The grounds enumerated above are deemed to
- Law that allows a waiver of parental authority include cases which have resulted from culpable
only in cases of adoption, guardianship and negligence of the parent or the person
surrender to children’s home or an orphan exercising parental authority.
If the degree of seriousness so warrants, or the
institution welfare of the child so demands, the court shall
- When parent entrusts custody of minor to deprive the guilty party of parental authority or
another what is given is merely temporary adopt such other measures as may be proper
under the circumstances.
custody and does not constitute as
The suspension or deprivation may be revoked
renunciation of parental authority. and the parental authority revived in a case filed
- Even if definite renunciation is manifest, law for the purpose or in the same proceeding if the
still disallows same. court finds that the cause therefor has ceased
and will not be repeated
- Only in case of parent’s death, absence or Art. 232. If the person exercising parental
unsuitability may substitute parental authority authority has subjected the child or allowed him
be exercised by surviving parents. to be subjected to sexual abuse, such person
- Fact that father faied to financially support shall be permanently deprived by the court of
such authority
child for 3 years is not sufficient reason to
strip him of custody.
 However. Parental authority can be
terminated for causes in accordan with FC
 Duty of care, not necessarily dependent upon
custody .
 Art. 211. The father and the mother shall or under a vod marriage not falling
jointly exercise parental authority over the under Art 36 and 53.
persons of their common children. In case  Art 176 provides that illegitimate children shall
of disagreement, the father's decision be under parental authority of mother.
shall prevail, unless there is a judicial  Hence unlike Art 211, it follows that Art 176
order to the contrary. providing that illegitimate children shall be
Children shall always observe respect and under parental authority only applies in 2
reverence towards their parents and are cases
obliged to obey them as long as the 1.) Paternity of Child unknown or in doubt
children are under parental authority 2.) Paternity certain father not living with
mother and child.
JOINT PARENTAL AUTHORITY  Once parental authority is vested, it cannot be
- Parents are equally bound to ensure the waived except in cases of adoption,
wholesome upbringing of children. guardianship and surrender to a children’s
- Prior to effectively of FC, when there were still home or an orphan institution.
various classes of illegitimate children, SC in  May be terminated in accordance with legal
(Dempsey v. RTC) ruled that joint parental grounds provided in FC (separation)
authority must be exercised by father and PREFERENTIAL CHPICE OF FATHER
mother of an acknowledged natural child  Father and mother exercise joint parental
which one of the classifications of illegitimate authority over persons of their common
child. children
- In such case paternity is not doubted  In case of conflict between parents decision of
- The SC said : New FC promulgated as E.O father prevails
209 erases any distinction between legitimate  Presumed that the decision of father is for
or adopted and acknowledges illegitimate children’s best interest
children insofar as parental authority is  Does not mean that mother’s decision not for
concerned. best interest
- In view of foregoing observation, the following  However if both decision of father and mother
observation, it is clear that Art 211 on joint has merit and to be able to prevent a void that
parental authority applies to both legitimate might be detrimental to children’s welfare, the
and illegitimate decision of father as head of family is given
- Art 211 uses phrase “common children” which preference
does not distinguish  Binding force of decision of father in case of
- Change in FC therefore is quite significant conflict is highlighted by law itself when it
and indeed reflects the prevailing sentiment provides that only court could alter it.
that illegitimate children must likewise be the  Basis for altering decision of father must
concern of state and must be accorded rights however rest on substantial important and
and privileges which though not exactly serious grounds for paramount interest of
equaling those of legitimate child, should at children; otherwise court may unduly supplant
least approximate the same. the parental prerogative of father and
- In case of disagreement between father and ultimately negate primary duty of parents in
mother, father’s decision shall prevail unless upbringing their own children.
there is a judicial order to the contrary.
DUTIES OF CHILDREN
 2 REQUISIETES FOR ART 211 TO APPLY  Observe respect and reverence towards their
1. Father is certain parents and are obliged to obey them as long
2. Illegitimate children are living with as children are under parental authority.
father and the mother who are
 Art 357 of CC of 1950 still effectively provide
cohabiting without benefit if marriage
that every child shall obey and honor
 parents/guardian; respect grandparents, old  Court may appoint another person to be
relatives and persons holding substitute guardian if clearly shown that by reason of
parental authority, exert utmost of his/her remarriage, surviving parent cannot undertake
education and training and cooperate with the necessary devotion, care and loyalty concern
family in all matters that make good of the toward children
same. Art. 213. In case of separation of the parents,
RESPONSIBILITIES OF CHILDREN UNDER PD parental authority shall be exercised by the
603/ CHILD AND WELFARE CODE parent designated by the Court. The Court
ART 4 shall take into account all relevant
1. Strive to lead an upright and virtuous life considerations, especially the choice of the
2. Love respect and obey his parents and child over seven years of age, unless the
cooperate with them in strengthening of parent chosen is unfit.
family
3. Extend to his brothers and sisters his SEPARATION
love, thoughtfulness and helpfulness and  Parental authority shall be given to any of
endeavor with them to keep family parents who may be designated by court in
harmonious and united case of parents have separated from each
4. Exert utmost effort to develop other
potentialities for service, in order that he  Although court may designate parental
may become an asset to himself/society authority on one parent, does not mean that
5. Respect not only his elders but also parental authority of the other is necessarily
customs and traditions of our people, terminated or suspended.
memory of our heroes, duly constituted  Terminated only if court so decrees on basis
authorities, laws of country and principles of causes for termination or suspension
and institutions of democracy  (Cang v. CA)
6. Participate actively in civic affairs and - Legal separation case, parties agreed that
promotion of general welfare custody of children shall be awarded to
7. Help in observance of individual human innocent party who was the mother
rights, the strengthening of freedom - Mother later decided to have arrangement
everywhere, fostering of cooperation where later decided to have children adopted
among nations without consent of father
Art. 212. In case of absence or death of either - SC ruled: Consent of father must still be
parent, the parent present shall continue obtained considering that legal separation
exercising parental authority. The remarriage decree did not necessarily terminate parental
of the surviving parent shall not affect the authority of father.
parental authority over the children, unless the - 213: only exercise of parental aythority given
court appoints another person to be the to mother. Hence mother shall have right to
guardian of the person or property of the children’s earnigs and services and right to
children direct their activities and make decisions
regarding their care and control, education,
REMARRIAGE OF PARENTS health and religion.
 Death of one of parents will not terminate - Such delegation however did not excuse
parental authority of surviving parent over mother from obtaining children considering
children that he still had in him parental authority over
 Upon remarriage, surviving parent, likewise said children
not affected CUSTODY OF CHILDREN
 New spouse, by virtue of marriage does not  Parents are never deprived of custody and
automatically possess parental authority care of children except for cause.
unless such new spouse adopts the children
 (Sangla-Eslao) Right is an inherent one, CA reversed and set aside the decision
which is not created by state or decisions of rendered by the lower court. It questioned
courts, but derives from nature of parental the propriety of the habeas corpus in this
relationship case.
 In custody cases, right of parents are not in
issue. - ISSUE:Whether or not habeas corpus is
 The child’s best interest which constitutes are the proper remedy to regain custody of the
cardinal principle and paramount minor.
consideration, in custody cases, it is not a
principle to be placed upon balance of scales - RULING:
but rather it is the measure by which all else is Yes. SC upheld the decision of the trial
to be decided. court.
 When spouses separated, court shall take into
account all relevant considerations especially - The writ of habeas corpus extends to all
the choice of child over 7 years of age, unless cases of illegal confinement or detention
parent chosen is unfit. by which any person is deprived of his
 However such choice is not determinative of liberty, or by the rightful custody of any
issue of custody, because while choice may person withheld from the persons entitled
be in favor of parent, court may sill thereto. The writ of habeas corpus is the
nevertheless award custody to other parent or proper legal remedy to enable parents to
even 3rd person if the paramount interest of regain the custody of a minor child even if
child so dictates. the latter be in the custody of a third
 However, if child has made a choice and there person of his own free will. It must be
is no showing that the selected parent is in stressed out that in habeas corpus
anyway unfit to have custody, court shall proceeding, the question of identity is
make award to such parent (David v. CA) relevant and material, subject to the usual
CUSTODY HEARINGS presumption, including those as identity of
- Now governed by Rule on Custody of Minors the person.
and Writ of Habeas Corpus in relation to - The trial court was correct in its judgment
custody of minors based on the evidence established by the
- Habeas corpus availed to secure custody of parents and by the witness who is the
child in case parents are separated from each brother of the late common-law husband
other. of Angelita. Furthermore, there are no
- Writ of Habeas Corpus is also a proper clinical records, log book or discharge
remedy to enable parents to regain custody of from the clinic where John Thomas was
minor daughter even though latter be in allegedly born were presented. Strong
custody of 3rd person evidence directly proves that Thomas
(Tijing v CA) Lopez, Angela's "husband", was not
- G.R. No. 125901, March 8, 2001 [Habeas capable of siring a child. Moreover, his
Corpus] first marriage produced no offspring even
- FACTS: after almost 15 years of living together
- Edgardo and Bienvenida Tijing filed a with his legal wife. His 14 year affair with
petition for habeas corpus in order to Angelita also bore no offspring.
recover their youngest child, Edgardo Jr., - The birth certificate of John Thomas Lopez
whom they did not see for 4 years. Trial were attended by irregularities. It was filed
court granted the petition and ordered by Thomas Lopez, the alleged father.
Angelita Diamante to immediately release Under Sec. 4, Act No. 3753 (Civil Register
the child, now named John Thomas D. Law), the attending physician or midwife in
Lopez, and turn him over to his parents. attendance of the birth should cause the
 registration of such birth. Only in default  Until exceptional cases arise, where parents
of the physician or midwife, can the parent are dead or when they are unfit.
register the birth of his child. Certificate MATERNAL PREFERNCE
must be filed with the LCR within 30 days  Universally recognized that mother is the
after the birth. The status of Thomas and natural custodian of her young. (Cooke v.
Angelita on the birth certificate were typed Cooke)
in as legally married, which is false  Law favors mother of she is fit and proper
because Angelita herself had admitted that person
she is a "common-law wife.  Advantage and benefit of mother’s love and
- Trial court also observed several times devotion for which there is no substitute
that when the child and Bienvenida were (Peavey v. Peavey)
both in court, the two had strong  Generally, love, solitude and devotion of
similarities in their faces. Resemblance mother cannot be replaced by another ad is
between a minor and his alleged parent is worth more to child in tender years than all
competent and material evidence to other things combined (Horst v. Mclain)
establish parentage. Lastly, the spouses  Art 363 CC: “no child under 7 yearsof age
presented clinical records and testimony shall be separated from mother unless courts
of the midwife who attended Bienvenida's finds compelling reasons to order otherwise.
childbirth.  General rule is recommended in order to
5 considerations: John Lopez is actually avoid any tragedy where mother has seen her
missing son baby torn away from her. The exception
allowd by rule has to be for compelling
reasons for the good of child; those cases
must indee b erare as in cases of adultery,
penalty of imprisonment and relatie diviorce
decree will ordinarily be sufficient punishment
for her. Moreover, effect upon baby who is as
yet unable to understand situation. Lacson v.
San Jose-Lacson)
 BUT CRITERION IS ALWAYS “PARAMOUNT
INTERST OF CHILD”
 Espiritu v. CA
PARENTAL PREFERENCE RULE
FACTS:
 Natural parents who are o good character and
who can reasonably provide for child are
Reynaldo Espiritu and Teresita Masanding
ordinarily entitled to custody as against all
began to maintain a common law relationship
persons.
of husband while in US. Teresita works as a
 Right of custody accorded to parents still
nurse while Reynaldo was sent by his
springs from exercise of parental authority.
 Parents entitled to custody of their children as empolyer, National Steel Corporation, to
Pittsburgh for a temporary post. They begot a
against foster or prospective adoptive parents.
child in 1986 named Rosalind. After a year,
 Applies also in case against other relatives.
they went back to the Philippines for a brief
 “every court recognizes deep and enduring
vacation when they also got married.
affection which parents have for their children
and her willingness to make sacrifices and Subsequently, they had a second child named
Reginald. In 1990, they decided to separate.
endure hardships in interest which a stranger
Reynaldo pleaded for second chance but
would not consider. No court would deprive
instead of Teresita granting it, she left
parent of his child simply because someone
Reynaldo and the children and went back to
else might give it
California. Reynaldo brought the children in
 the Philippines and left them with his sister.  What constitutes as compelling reason mus
When Teresita returned in the Philippines be clearly shown by positive and clear
sometime in 1992, he filed a petition for a writ evidence of unfitness of mother and it is
of habeas corpus against Reynaldo and his determination must be left to sound judgment
sister to gain custody of the children. of courts.
 It must be shown that her condistion in life or
ISSUE: WON the custody of the 2 children he character and habits are such that
should be awarded to the mother. provision of child’s ordinary comfort ad
contentment or for its intellectual or moral
HELD: development cannot be reasonably expected
at mother’s hand. (Earnst v. Earnst)
In cases of care, custody, education and  (David v. CA) shown that father was well-off
property of children, the latter’s welfare shall compared to mother but latter can
be the paramount concern and that even a nevertheless decently support her children,
child under 7 years of age may be ordered to SC still awarded children to mother.
be separated from the mother for compelling  (Pablo Gualberto v. Gualberto) mere fact that
reasons. The presumption that the mother is mother is a lesbian is not enough justification
the best custodian for a child under seven to remove child from her custody
years of age is strong but not conclusive. At  (Castelo v. Estacio) where mother filed a
the time the judgment was rendered, the 2 habeas corpus to get custody of children
children were both over 7 years of age. The below 7 years of age from father and where it
choice of the child to whom she preferred to was positively and clearly shown that mother
stay must be considered. It is evident in the can hardly attend to said children; that she
records submitted that Rosalind chose to stay desired to have children adopted by her aunt;
with his father/aunt. She was found of used prohibited drugs; lived in house only one
suffering from emotional shock caused by her room without partition or toilet facilities
mother’s infidelity. Furthermore, there was infested by mosquitoes,, father who had
nothing in the records to show that Reynaldo custody of child lied in well-furnished
is unfit well in fact he has been trying his best surroundings with paternal grand parents who
to give the children the kind of attention and was shown to have taken care of children;
care which their mother is not in the position when she took child, they ended up getting
to extend. On the other hand, the mother’s seek without being checked by doctor CA
conviction for the crime of bigamy and her ruled that situation clearly sowed compelling
illicit relationship had already caused reasons.
emotional disturbances and personality  (Cooke v. Cooke) Child’s best interest is the
conflicts at least with the daughter. cardinal principle in determining right between
parents as to custody and any presumption of
EXCEPTION TO MATERNAL PREVERENCE maternal preference is to be resorted only in
 Maternal preference is not an absolute rule. rare situations which all other considerations
 It is intended to be a tie breaker in those rare are equal.
instances when parental authority are so CUSTODY GRANTED TO OTHERS
equally balanced between litigants that resort  Custody may even be awarded to persons
to preference if necessary. who are strangers o family if such award
 Art 213 specifically provides that if courts would best serve paramount interest of child
determine that there are compelling reasons (Balatbat v. Balatbat)
existing to deprive mother of custody of child,  Absence of any kinship between child and
then an order depriving the mother of custody Cabangbangs alone cannot serve to bar lower
may be validly issued (Pablo-Gualberto v court from awarding her custody to them
Gualberto)
 It appears that both parents are improper REASON FOR FILIAL PRIVILEGE
persons to entrust care, custody and control o - Foster family unity and tranquility
child , court may either designate paternal or - Absence of this article does violence to most
maternal grandparents of child, oldest brother sacred
or sister or som reputable discreet persons - No descendant shall be compelled,in criminal
(Chua v. Cabangbang) case to testify against parents or
NO FINALITY OF CUSTODY OF grandparents
JUDGMENT - Privilege is solely addressed to descendant
- Always open to adjustments as the witness.
circumstances relevant to matter may demand - He/she may not testify against his/her parents
in light of inflexible criterion namely, the or grandparents in criminal case. If
paramount interest of children (Unson III v. descendant does not want to do so he/she
Navarro) may not be compelled.
- Res judicata rule does not apply - However there is an exception –when the
(Luna v. IAC) testimony is indispensible in crime against
- Child manifested that she would kill herself is descendant or by one parent against the
she were delivered to her natural parents other.
instead of letting her stay with grandparents - Based on recognition that once crime is
- SC rued in its subsequent decision of lower committed against the descendant or by one
court, which it previously revised when it parent against the other sanctity and
affirmed decision of CA awarding child to tranquility of family as well as marriage may
natural parents should been maintained. be destroyed
Art. 214. In case of death, absence or
unsuitability of the parents, substitute parental MATERNAL PRIVILEGE
authority shall be exercised by the surviving - Corollary to filial privilege is the marital
grandparent. In case several survive, the one privilege.
designated by the court, taking into account - Husband or wife during marriage cannot be
the same consideration mentioned in the examined without consent of other to any
preceding article, shall exercise the authority. communications received in confidence
except in civil case by one against the other or
SUBSTITUTE PARENTAL ATHORITY OF crim case crime committed against the other
GRANDPARENTS or latter’s direct descendants or ascendants
 In absence/incapacity of parents, grandparent (Sec 24a of Rule 130 ROC)
are the most natural, suitable and logical - Reason: belief that husand and wife are
persons to exercise parental authority considered one person. Courts are
 Hence grandparents have legal preference in reluctant to sanction any rule tending to
matter of substitute parental authority promote domestic dissension
 (Mimkon v. Ford)
- A very special relationship often arises and
continues between grandparents and
grandchildren.

Art. 215. No descendant shall be compelled, in

a criminal case, to testify against his parents
and grandparents, except when such
testimony is indispensable in a crime against
the descendant or by one parent against the
other.