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MARRIAGE

MARRIAGE
I. ESSENTIAL Requisites (A2)
1. Legal capacity (A5)
2. Consent

II. FORMAL Requisites (A3)


1. Authority of S.O.
[A7;10;35(2), LGC 91]

RIGHTS (A69;73)
Obl. (A68)
DEFECT

VOIDABLE (A45-47)

ABSENCE
VOID [A35(1-6);36,37,38,44,53]

IRREGULARITY

VALID

2. ML, unless EXEMPTED


*Parties:
(A 27-34)
a) 18 < 21 (A14)
Molina Doctrine
(A9;
11-12;
17-20)
b) 21 < 25 (A15)
(2/13/1997)
c) 18 < 25 (A16)
d) prior marriage (A13)
(A40; 41-43)
e) foreigners
1) stateless
(A 21)
(A48-54)
2) refugee
Solemnized outside RP [A26 (1&2)]
3. MC (6; 8)
Exceptions: [A35(1,4,5,6); 36; 37; 38]

LEGAL SEPARATION
Grounds for Petition
for LS (A55)
Effects of filing
Petition for LS
(A61)
Grounds for Denial of
Petition for LS (A56)

Action for LS
(A57-60)
Effects of LS
Decree (A63-64)
Reconciliation (A65)
EFFECTS (A66)
EXCEPTION (A66)

EXCEPTION TO THE EXCEPTION (A67)

PROPERTY
RELATIONS
BETWEEN
HUSBAND &
WIFE

PROPERTY RELATIONS:
1. MS
2. FC
3. Loc. Customs

VALID if: (Art. 77)

1. In writing
2. Signed by
parties
3. Executed before
marriage

Phil. Laws
Exceptions: (Art. 80)
H&W aliens
Properties outside RP

VOID if: No marriage


Exception: (Art. 81)
stipulations do
not depend upon
celebration of
marriage

Binding vs 3rd parties if:


1. Registered w/proper LCR/RD

DONATIONS
PROPTER
NUPTIAS (Art. 82)
1. made before the
marriag
2. in consideration of
e
3. in favor of 1 or both of the future
spouses

I.

No donation by future spouses to each


other > 1/5 of their present property
if property regime is NOT ACP
(Art. 84); any excess VOID

II. Property donated subject to


encumbrances

VALID (Art. 85)

FORECLOSURE SALE

1. Proceeds < amt. of obl.


NOT liable for deficiency
2. proceeds > amt. of obl.
ENTITLED to excess

III. Donations of future prop.


> testate succession
formalities
of wills

donee
Donee

DONATIONS DURING
MARRIAGE
1. Between H&W

VOID

EXCEPTION: (Art. 87)

2.

moderate gifts on occasion


of family rejoicing
NO donation BY either spouse W/O
consent of the other of ACP/CPG
property

EXCEPTION: (Art. 98/125)

moderate donations for charity/


occasions of family rejoicing or
family distress

REVOCATION OF DONATION
PROPTER NUPTIAS
I.

MARRIAGE

1. not celebrated
2. Judicially declared
void
3. w/o parental/guardian
consent
4. Annulled, donee in BF

II. Legal separation, donee guilty party


III. Resolutory condition complied
IV. Ingratitude of donee

PROPERTY REGIME OF
VALID MARRIAGES
ACP
I.
II.

III.

CPG

Commence at precise moment of


marriage
No waiver of rights, interest, shares &
effects during marriage
EXCEPTION: judicial separation of
prop. or marriage dissolved/annulled
a) waiver in public instrument
b) recorded in LCR/RD
Property acquired DURING marriage
PRESUMED ACP/CPG unless proved to
be EXCLUDED (Art. 93/116)

Separate
Prop.
Regime

ABSOLUTE COMMUNITY
PROPERTY
1. Co-ownership (Art. 90)
2. All properties at the time of marriage
& acquired thereafter (Art. 91)

3. Property EXCLUDED: (Art. 92)


(1). acquired gratuitously
(2). personal & exclusive use
EXCEPT: jewelries

(3). acquired before marriage by either


spouse w/ leg. descendants by a
former marriage

CONJUGAL PARTNERSHIP
OF GAINS
1.
2.

3.

Contract of partnership (Art. 108)


Proceeds, products, fruits & income of
H&Ws separate prop. placed in a
COMMON FUND; net gains equally
between H&W upon dissolution of
marriage (Art. 106)
Property EXCLUDED: (Art. 109)

(1). brought to the marriage as own prop.


(2). acquired by gratuitous title

(3). bought by exclusive money of H OR W


(4). acquired by right of redemption, barter or
exchange w/ prop. of H OR W

SEPARATION OF PROPERTY
REGIME
1.
2.
3.

4.
5.

Agreed by H&W in MS
Present or future prop.; total or partial;
prop. not separate belong to ACP
(Art. 144)
Each spouse own, dispose of, possess,
administer, enjoy, HIS/HER prop. W/O
consent of other spouse; to each spouse
belongs all earnings (Art. 145)
BOTH bear family expenses in proportion
to their income; insufficient
current
market value of separate prop.
Liability to creditors for family expenses
SOLIDARY

PROPERTY REGIMES OF
UNIONS WITHOUT MARRIAGE
CO-OWNERSHIP

Art. 147

Art. 148

Man & woman capacitated


to marry each other, live
exclusively w/ each other
as H&W, W/O marriage or
under a void marriage

Man & woman living


together as H&W, one/both
w/legal impediment to
contract marriage

EQUAL SHARES even if 1


partys efforts consisted in
the care of
family/household

ACTUAL JOINT
CONTRIBUTION of money,
property or industry in the
acquisition of properties

OBLIGATIONS OF ACP/CPG
(ART. 94/121)
1.

Support of H&W, common children & leg.


children of either spouse

2.

Debts. w/c redounded to the benefit of


the family
Expenses for education of either spouse

3.
4.

Taxes, expenses for preservation of


common property/separate prop. used by
family

* Winnings/losses from games of


chance/gambling

ADMINISTRATION OF
ACP/CPG
1.

Belongs to BOTH spouses jointly


DISAGREEMENT
Hs decision subject
to
recourse by wife to the court w/n
5 years from the date of the contract
implementing such decision (Art. 96/124)

2.

Incapacity of one spouse


sole
administration by the other spouse w/c does
NOT include powers of disposition or
encumbrance W/O:
a). authority of the court
b). Written consent of other spouse
NO a or b

disposition VOID

TERMINATION OF ACP/CPG
(ART. 99/126)
1.

2.
3.
4.

ACP/CPG
Death of either spouse
liquidated in estate proceedings; judicial or
extra-judicial liquidation w/n 1 year from
death of spouse
* NO LIQUIDATION
a). disposition/encumbrance VOID
b). mandatory regime of COMPLETE
SEPARATION OF PROPERTY of
subsequent marriage (Art. 103/130)
Decree of legal separation
Marriage annulled or declared void
Judicial separation of property during the
marriage under Arts. 134-138

LIQUIDATION OF ACP/CPG
(ART. 102/129)
1.

Inventory of properties w/c are ACP/CPG and


exclusive prop.

2.

Debts/obl. paid out of assets of ACP/CPG; if


insufficient
separate prop. of spouses
Balance from exclusive prop
delivered to
spouses
Net assets of ACP/CPG equally bet. spouses
Exception: different agreed by spouses in MS

3.
4.
5.
6.

Presumptive legitimes delivered to common


children
spouses w/whom
Conjugal dwelling & lot
majority of the children remain; children < 7
years old
MOTHER
EXCEPTION:

Court finds compelling reasons


best interest of the children

SEPARATION DE FACTO BET H&W


shall NOT AFFECT ACP/CPG (Art. 100/127)

EXCEPTIONS
1.
2.

3.

4.

Spouse who leaves conjugal home W/O JUST


NO support
CAUSE
Consent of 1 spouse to any transaction
required by law
Judicial authorization
in a summary proceeding
Absence of sufficient ACP/CPG
assets
separate prop. of both spouses
SOLIDARILY LIABLE for support of family
Spouse W/O JUST CAUSE abandons the
other
court petition for receiversip,
judicial separation of prop, authority to be
sole administrator (Art. 101)

Administration of Exclusive
Property Transferred to ONE
SPOUSE if ONE SPOUSE: (Art. 142)
1. becomes guardian of the other
2. judicially declared an absentee
3. sentenced to penalty of civil
interdiction
4. becomes fugitive from justice/is in
hiding as an accused in crim. case
* SPOUSE NOT QUALIFIED
court
shall appoint SUITABLE person as
administrator

SEPARATION OF PROPERTY OF
SPOUSES DURING MARRIAGE

Gen. Rule: ONLY by JUDICIAL ORDER


Exception: Express declaration in MS
SUFFICIENT
CAUSES: (Art. 135)
1.
2.

3.
4.
5.
6.

penalty with civil


interdiction
spouse judicially
declared absentee
judicial decree of
loss of P.A.
abandonment/failure
to comply with
family obl.
adm. spouse abused
power
de facto separation
of H&W for at least 1
year & reconciliation
highly improbable

Art. 134

VOLUNTARY
DISSOLUTION
(Arts. 136-140)
1.
Joint Petition
of Spouses
for Revival of
FORMER
Prop. Regime

2.

3.

verified petition filed


by spouses; creditors
notified & protected
ACP/CPG liquidated;
complete separation
of prop. applicable
judicial decree of
separation of prop.
recorded in LCR/RD

* NO voluntary separation
of prop may thereafter be
granted (Art. 141)

FAMILY
RELATIONS

Art. 150. FAMILY RELATIONS


1. Between husband and wife

2. Between parents and children

3. Among ascendants/descendants

Art. 150. FAMILY RELATIONS


4. Among brothers & sisters, whether
of full or half-blood

5. No suit between members of the


same family shall prosper UNLESS
earnest efforts to COMPROMISE
has failed (Art. 151)

Art. 152/153.

FAMILY HOME

1. Constituted by h/wife/unmarried head of


the family; from the time occupied as
family residence; only 1 FH (A161);
continue as such FH despite death of
spouses or unmarried head of the family
for 10 yrs/as long as there is a minor
beneficiary living therein (A159)

2. BENEFICIARIES of FH
a. H&W or an unmarried head of the
family

b. Parents, ascendants, descendants


brothers/sisters, legitimate or ill., living
in the FH & dependent upon head of the
family for legal support

3. EXEMPT from execution, forced sale,


or attachment EXCEPT: (A155)
a. Non-payment of taxes
b. Debts incurred prior to constitution
of FH
c. Debts secured by mortgages on
the premises before/after
constitution of FH
d. Debts due to laborers, mechanics,
architects, builders, etc. who
rendered service/materials for
construction of the building

4. ACTUAL VALUE of FH - P300T in urban


areas; P200T in rural areas or such
amounts as may hereafter be fixed by
law (Art. 157)
5. May be sold, alienated, donated,
assigned or encumbered w/ the written
consent of the person constituting the
FH, the latters spouse & majority of
the beneficiaries of legal age; in case
of conflict - court shall decide. (Art. 158)

6. EXECUTION OF FH
Judgment in favor of creditor not one
of those in Art. 155 and FH worth >
than Art. 157
execution - lowest
bid as provided in Art. 157 and
applied in said Art. 157, then to
liabilities under the judgment and
costs; EXCESS - judgment debtor
(Art. 160)

Art. 194. SUPPORT

Comprises everything
indispensable for sustenance,
dwelling, clothing, medical
attendance, education and
transportation, in keeping
with the financial capacity of
the family. (Art. 194)

THE FOLLOWING ARE OBLIGED TO


SUPPORT EACH OTHER (Art. 195)
1. The spouses

2. Leg. ascendants & descendants


3. Parents & their leg. children &
the leg./ill. children of the latter
4. Parents & their ill. children &
the legitimate/illegitimate
children of the latter
5. Legitimate brothers and sisters,
whether of full or half-blood

Art. 199. 2 OR MORE PERSONS ARE


OBLIGED TO GIVE SUPPORT,
LIABILITY IS IN THE FF. ORDER:
1. The spouse
2. Descendants in the nearest
degree
3. Brothers
4.
Ascendants
andinsisters
the nearest degree
* support shall be in proportion to the
resources or means of the giver & to
the necessities of the recipient (A201)
** paying allowance fixed or maintaining
person to be supported in the family
dwelling, except in case of moral or legal
obstacle (Art. 204).

PARENTAL AUTHORITY

1. Parental authority/responsibility
may NOT be renounced/transferred,
except in cases authorized by law
(Art. 210)

2. F AND M jointly exercise parental


authority over common children;
DISAGREEMENT - fathers decision,
unless there is judicial order to the
contrary. (Art. 211)
*CHILDREN - respect, reverence,
obedience to parents

3. a. absence/death of 1 parent - present


parent; remarriage of 1 parent does not
affect parental authority, unless court
appoints guardian over person/property
of children (Art. 212)

b. separation of parents - parent


designated by the court; child
<7
mother, unless court finds
compelling reason (Art. 213)

c. In default of parents or a judicially


appointed guardian (Art. 216)
(1) surviving grandparent (A214)
(2) oldest brother/sister >21 years of
age

(3) childs actual custodian,


>21 yrs. of age

4. *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 (Art. 215)

Art. 217. Parental Authority over


foundlings, abandoned, neglected or
heads of
abused children
childrens homes, orphanages &
similar institutions accredited by the
proper government agency

ORPHANAGE

Art. 218. Special Parental Authority

School, its administrators and teachers or


individual/institution engaged in child care;
while minor child under their supervision or
custody; principally & solidarily liable for
damages caused by acts of minor;
parents/substitute parents subsidiarily
liable.

*Art. 221. Parents/persons exercising


parental authority
civilly liable
for damages caused by minors/
unemancipated children living in their
company & under their parental
authority, subject to defenses provided
by law

Art. 223. Parents or those exercising


parental authority may petition the
COURT for an order providing for
disciplinary measures over the child
may include commitment of the
child for not >30 days in accredited
childrens homes.

Art. 225. F and M exercise legal


guardianship over property of common
child; disagreement
Fs decision,
unless judicial order to the contrary;
market value of minors prop. > P 50K
BOND as the court may determine
but NOT < 10% of the value of
property/annual income of the child.

PARENTAL AUTHORITY TERMINATES


PERMANENTLY UPON: (Art. 228)
1. the death of parents
2. the death of the child
3. emancipation of the child
4. adoption of the child
5. appointment of general
guardian
6. judicial decree of
abandonment
7. final judgment of a
competent court divesting
parental authority
8. judicial declaration of
absence/incapacity of person
exercising parental authority

Unless
subsequently
revived by
a final
judgment
(Art. 229)

SUSPENSION OF PARENTAL AUTHORITY


1. Conviction of a crime with the penalty of civil
interdiction (Art. 230)
2. Court action, if parent: (Art. 231)
a. treats the child w/ excessive harshness or
cruelty
b. gives the child corrupting orders, counsel or
example
c. compels the child to beg
d. subjects the child or allows him to be
subjected to acts of lasciviousness
P. A. automatically reinstated upon service
of penalty/upon pardon or amnesty of
offender (Art. 230)
P. A. reinstated if the court finds that the
cause has ceased & will NOT be repeated
(Art. 231)
P. A. shall be permanently deprived by the
court (Art. 232)

PATERNITY
AND
FILIATION

FILIATION

May be by NATURE
or by ADOPTION

Inter-Country Adoption
Act of 1995 (6/7/95)
Domestic Adoption Act
of 1998 (2/25/98)

LEGITIMATE CHILDREN

A. Are those: (Art. 164)


1. Conceived or born during marriage
2. Conceived by artificial insemination
a. authorized by BOTH spouses
b. in a written instrument
c. signed by BOTH spouses before
birth of child
d. recorded in the LCR together
w/ birth certificate
3. Whose mother may have declared
against the legitimacy/may have
been sentenced an adulteress
(Art. 167)

B. shall have the RIGHT TO: (Art. 174)


1. Bear surnames of F and M
rights
2. Receive support from their parents,
ascendants, brothers/sisters
3. Legitime/successional rights
C. FILIATION IS ESTABLISHED BY: (Art. 172)
1. Record of birth appearing in the civil
register or a final judgment
2. An admission in a public document or a
private hand-written instrument signed
by the concerned parent
In their absence, legitimate filiation
shall be proved by:
(1) Open & continuous possession of the
status of a legitimate child
(2) Any other means allowed by the Rules
of Court & special laws.

D. ACTION TO CLAIM LEGITIMACY


may be brought by: (Art. 173)
1. Child - during his/her lifetime;
action commenced by child shall
survive notwithstanding the death
of either or both of the parties
2. Heirs of the child - should the
child die during minority or in a
state of insanity; within a period
of 5 years

E. LEGITIMACY of a child may be IMPUGNED


only on the ff. GROUNDS: (Art. 166)
1. Physical impossibility for the husband to have
sexual intercourse w/ his wife within the first
120 days of the 300 days which immediately
preceded the birth of the child because of:
(a) physical incapacity of husband to have
sexual intercourse with his wife
(b) fact that h&w were living separately that
sexual intercourse was NOT possible OR
(c) serious illness of the husband, which
absolutely prevented sexual intercourse
2. Biological or other scientific reasons that the
child could not have been that of the husband
3. In case of artificial insemination, the written
authorization or ratification of either parent
was obtained through mistake, fraud, violence,
intimidation or undue influence

WHO MAY IMPUGN LEGITIMACY


OF CHILD?
GEN. RULE: Husband
EXCEPTION:
Heirs of the husband
(Art. 171)

1. If the husband should die before the


expiration of the period fixed for
bringing his action
2. If H should die after filing of the
complaint, w/o having desisted
therefrom
3. If the child was born after death
of husband (Art. 171)

PERIOD TO IMPUGN LEGITIMACY (Art. 170)


1. One (1) yr. from the knowledge of the birth
or its recording in the Civil Register, if
H/heirs reside in the city or municipality
where the birth took place or was
recorded
2. If H/heirs do not reside at the place of
birth/where it was recorded - period shall
be 2 years if they reside in the Phil; 3 yrs.,
if abroad
3. If birth has been concealed/unknown to
the H/heirs period shall be counted from
the discovery or knowledge of the birth of
the child or of the fact of registration of
said birth, WHICHEVER IS EARLIER.

ILLEGITIMATE CHILDREN

A. are those: (Art. 165)


1. Conceived and born outside
a valid marriage
B. shall have the RIGHT: (Art. 176)
1. Use the surname; be under the parental
authority of their mother
2. Entitled to support in conformity w/ the
Civil Code
3. Entitled to legitime w/c is 1/2 the legitime
of a legitimate child
C. FILIATION IS ESTABLISHED by the
same evidence as in Art. 172 & w/n the same
period as in Art. 173 except when based on
2nd par. of Art. 172 in w/c case the action may
be brought only DURING THE LIFETIME
of the alleged PARENT

LEGITIMATED CHILDREN

A. are those: (Arts. 177/178)


1. Conceived and born outside of wedlock of
parents who at the time of conception have
no legal impediment to marry each other &
whose parents subsequently married each
other.
B. shall have the SAME rights as legitimate
children (Art. 179)
C. Legitimation retroacts to the time of the childs
birth (Art. 180)
1. Legitimation of children who died before the
celebration of the marriage benefits their
descendants. (Art. 181)
2. May be impugned only by those who are
prejudiced in their rights, w/n FIVE (5) yrs.
from the time their cause of action accrues.
(Art. 182)

RULES IF 1st MARRIAGE TERMINATED


AND MOTHER CONTRACTED A
SUBSEQUENT MARRIAGE (Art. 168)
1. A child born before 180 days after the
solemnization of the subsequent
marriage is considered to have been
conceived during the 1st marriage,
provided it be born w/n 300 days after
the termination of the 1st marriage.
2. A child born after 180 days after the
solemnization of the subsequent
marriage is considered to have been
conceived during such marriage, even
though it be born w/n the 300 days
after the termination of the 1st
marriage.

ADOPTION

Domestic Adoption Act of 1998


R.A. 8552 (2/25/98)

Inter-Country Adoption Act of 1995


R.A. 8043 (6/7/95)

WHO MAY ADOPT?


1. Any Filipino citizen

a. of legal age
b. with full civil capacity
and legal rights
c. of good moral character
d. not convicted of a crime involving moral
turpitude
e. emotionally and psychologically capable of
caring for children
f. in a position to support and care for his children
in keeping with the means of the family
g. at least 16 years older than adoptee
> 16-year-gap between adopter and adoptee may
be waived if:
a. Adopter is the biological parent of adoptee
OR
b. Adopter is the spouse of the adoptees
parent

2. Any alien

a. with the same qualifications above-stated


b. whose country has diplomatic relations
with RP
c. living in the RP for at least 3 continuous
years prior to filing petition for adoption
until adoption decree is entered
d. certified by his diplomatic/consular office
to have legal capacity to adopt in his
country
e. whose government allows the adoptee to
enter his country as his adopted child

3. The guardian w/ respect to the ward after


the termination of the guardianship and
clearance of his/her financial liabilities.

> Residency and Certification of


aliens qualification to adopt in
his country may be waived for:
1. a former Filipino citizen who seeks
to adopt a relative within the 4th
degree of consanguinity or affinity
2. one who seeks to adopt the
legitimate child of his Filipino
spouse
3. one who is married to a Filipino
citizen, seeking to adopt jointly with
his spouse a relative within the 4th
degree of consanguinity or affinity
of the Filipino spouse

Husband and wife shall JOINTLY


ADOPT EXCEPT:
1. if one spouse seeks to adopt the
leg. child of the other spouse OR
2. if one spouse seeks to adopt his
own illegitimate child, provided, that
the other spouse has signified his
consent thereto OR
3. if the spouses are legally separated
from each other.

WHO MAY BE ADOPTED?

1. Any person below 18 yrs. who has


been adm./judicially declared
available for adoption
2. Leg. son/daughter of one spouse
by the other spouse
3. Ill. son/daughter by a qualified adopter to
improve his/her status to that of legitimacy
4. A person of legal age if, prior to the
adoption, said person has been consistently
considered and treated by the adopter as
his/her own child since minority
5. A child whose adoption has been previously
rescinded
6. A child whose biological/adoptive parents
have died, provided, that no proceedings
shall be initiated w/n 6 months from the
time of death of said parent

WHOSE CONSENT IS NECESSARY


TO THE ADOPTION?

1. The adoptee, if 10 years


or over
2. Biological parents of the child,
if known, or legal guardian or
the proper govt. instrumentality
which has legal custody of the child
3. Legitimate & adopted children, 10 yrs or
over, of the adopter(s) & adoptee, if any
4. Illegitimate children, 10 yrs or over of the
adopter, if living w/ said adopter & the
latters spouse, if any
5. Spouse, if any, of the person adopting or
to be adopted

WHERE TO
FILE PETITION?

Family Court of the


province or city where
the prospective adoptive
parents reside

PUBLICATION:

Once a week for 3 successive


weeks in a newspaper of
general circulation in the
province/city where court is
situated

Child and Home Study


Reports
to be conducted by DSWD
licensed social worker on the
adoptee, biological parent(s)
and adopter(s)
to be submitted together with
findings and recommendations
to the court hearing the
petition

Supervised Trial Custody


6-month-period for adoptee and
adopter(s) to adjust psychologically
and emotionally to each other
to establish a bonding relationship
temporary parental authority vested in
the adopter(s)
Court may reduce trial custody period,
if it is in the best interest of the child
alien adopter(s)

6-month trial
custody period
MUST be completed,
unless alien adopter
falls under Sec. 7(b).

Adoption Decree

effective as of the date the


original petition was filed
amended birth certificate of
adoptee to be issued by LCR;
original birth certificate
CANCELLED
Adoption

EFFECTS OF ADOPTION:
1. Except where biological parent is the spouse of
the adopter, all legal ties between biological
parent(s) and adoptee shall be severed and
parental authority shall be vested on the
adopter(s).
2. Adoptee shall be considered the legitimate
child of the adopter(s) entitled to all the rights
and obligations provided by law to legitimate
children, w/o discrimination of any kind;
adoptee entitled to love, guidance and support
in keeping with the means of the family
3. In legal and intestate succession, adopter(s)
and adoptee shall have reciprocal rights of
succession, without distinction from legitimate
filiation. Law on testamentary succession shall
govern if adoptee and his biological parent(s)
left a will.

RESCISSION OF
ADOPTION
Who may petition rescission of
adoption?

Adoptee, with the assistance


of DSWD if a minor or if over
18 but is incapacitated, as
guardian/counsel

GROUNDS FOR RESCISSION


OF ADOPTION

1. repeated physical and verbal


maltreatment by the adopter(s)
despite counselling
2. attempt on the life of adoptee
3. sexual assault or violence
4. abandonment and failure to
comply with parental obligations
Adopter may disinherit
adoptee for causes provided
under Art. 919 NCC

EFFECTS OF RESCISSION OF
ADOPTION

1. Parental authority of adoptees biological


parent(s) or legal custody of DSWD, if
adoptee is still a minor or incapacitated,
shall be RESTORED.
2. Reciprocal rights and obligations of the
adopter(s) and the adoptee to each other
shall be EXTINGUISHED.
3. Court shall order LCR to CANCEL amended
birth certificate and RESTORE original birth
certificate of the adoptee.
4. Successional rights shall REVERT to its
status prior to the adoption as of the date
of judicial rescission. Vested rights
acquired prior to judicial rescission shall be
respected.

INTER-COUNTRY ADOPTION
ACT (R.A. 8043)

socio-legal process of adopting a


Filipino child by a foreigner or by a
Filipino citizen permanently
residing abroad where the petition
is filed, supervised trial custody is
undertaken and the decree of
adoption is issued OUTSIDE the
Philippines

INTER-COUNTRY ADOPTION BOARD


central authority in matters relating
to inter-country adoption
COMPOSITION
DSWD Secretary (ex officio chair)
1 psychiatrist/psychologist
2 lawyers (w/qualifications
as RTC judge)
1 registered social worker
2 representatives from NGOs
engaged in child-caring and
placement activities

WHO MAY BE ADOPTED?

Legally free child


voluntarily or
involuntarily committed to the DSWD

WHO MAY ADOPT?

Foreigner or Filipino citizen


permanently residing abroad
1. at least 27 years old
2. at least 16 years older than adoptee at the
time of the application, EXCEPT if adopter is
a. natural parent of adoptee OR
b. Spouse of such parent
3. if married, spouse must jointly adopt
4. capacitated to act and assume all rights and
responsibilities of parental authority under
his national laws and has undergone
appropriate counselling in his country

5. not convicted of a crime involving moral


turpitude
6. eligible to adopt under his national law
7. is in a position to provide the proper care and
support to give the necessary moral values and
example to all his children, including the child
to be adopted
8. agrees to uphold the basic rights of the child as
embodied under Phil. laws, the UN Convention
on the Rights of the Child, and to abide by the
rules and regulations issued to implement the
provisions of this Act
9. whose country has diplomatic relations with RP;
whose government maintains a similarly
authorized and accredited agency and allows
adoption under his national laws
10.possesses all the qualifications and none of the
disqualifications under this Act and in other
applicable Phil. laws

WHERE TO FILE
APPLICATION?
RTC of the RP having
jurisdiction over the child OR
with the Board, through an
intermediate agency, whether
governmental or an
authorized/accredited agency,
in the country of the
prospective adoptive parents.

ATTACHMENTS TO THE APPLICATION


(written in English)

1. Birth certificate of applicant(s)


2. Marriage contract, if married and divorce decree,
if applicable
3. Written consent of their biological or adopted
children > 10 years of age, in the form of sworn
statement
4. Physical, medical and psychological evaluation by
a duly licensed physician and psychologist
5. Income tax returns or any document showing the
financial capability of the applicant(s)
6. Police clearance of applicant(s)
7. Character reference from the local
church/minister, the applicants employer and a
member of the immediate community who have
known the applicant(s) for at least five (5) years
8. Recent post-card size pictures of the applicant(s)
and his immediate family

FAMILY SELECTION/MATCHING
No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the
child cannot be adopted locally.
Adoptive parents, or any one of them, shall
personally fetch the child in the Phil.

PRE-ADOPTIVE PLACEMENT COSTS


1. Cost of bringing child from RP to the
residence of the applicant(s) abroad
including all travel expenses w/n the Phil.
and abroad
2. Cost of passport, visa, medical examination
and psychological evaluation required and
other related expenses

SUPERVISED TRIAL CUSTODY


six (6) months from the time of
placement by the government
agency or the authorized/accredited
agency in the country of the
adoptive parents

After lapse of the 6-month trial


custody, decree of adoption shall be
issued in the said country, copy
furnished the Board to form part of
the records of the child

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