Republic of the Philippines
Congress of the Philippines
Metro Manila
Tenth Congress
Republic Act No. 8552 February 25, 1998
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF
FILIPINO CHILDREN AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Domestic Adoption Act of 1998."
Section 2. Declaration of Policies. – (a) It is hereby declared the policy of the State to
ensure that every child remains under the care and custody of his/her parent(s) and be
provided with love, care, understanding and security towards the full and harmonious
development of his/her personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child's extended family is available shall
adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest
shall be the paramount consideration in accordance with the tenets set forth in the United
Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and Legal
Principles Relating to the Protection and Welfare of Children with Special Reference to
Foster Placement and Adoption, Nationally and Internationally; and the Hague Convention
on 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.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her
parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(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 parental authority shall be administratively
or judicially declared so as to establish the status of the child as "legally available for
adoption" and his/her custody transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a positive
environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector agencies to
handle adoption inquiries, process domestic adoption applications, and offer adoption-
related services including, but not limited to, parent preparation and post-adoption
education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity and culture in
his/her native land, and only when this is not available shall intercountry adoption be
considered as a last resort.
Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be
defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited child-
placing or child-caring agency, freed of the parental authority of his/her biological parent(s)
or guardian or adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly
relinquishes parental authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or incompetence to discharge parental
responsibilities.
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(e) "Abandoned child" refers to one who has no proper parental care or guardianship or
whose parent(s) has deserted him/her for a period of at least six (6) continuous months and
has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial
relationship.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the Department to
provide comprehensive child welfare services including, but not limited to, receiving
applications for adoption, evaluating the prospective adoptive parents, and preparing the
adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the Department that
provides twenty four (24)-hour residential care services for abandoned, orphaned,
neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth
records that a certain child was born to a person who is not his/her biological mother,
causing such child to lose his/her true identity and status.
ARTICLE II
PRE-ADOPTION SERVICES
Section 4. Counseling Service. – The Department shall provide the services of licensed
social workers to the following:
(a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and after
the birth of his/her child. No binding commitment to an adoption plan shall be permitted
before the birth of his/her child. A period of six (6) months shall be allowed for the
biological parent(s) to reconsider any decision to relinquish his/her child for adoption
before the decision becomes irrevocable. Counseling and rehabilitation services shall also
be offered to the biological parent(s) after he/she has relinquished his/her child for
adoption.
Steps shall be taken by the Department to ensure that no hurried decisions are made and
all alternatives for the child's future and the implications of each alternative have been
provided.
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and seminars,
among others, shall be provided to prospective adoptive parent(s) to resolve possible
adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she
understands the nature and effects of adoption and is able to express his/her views on
adoption in accordance with his/her age and level of maturity.
Section 5. Location of Unknown Parent(s). – It shall be the duty of the Department or the
child-placing or child-caring agency which has custody of the child to exert all efforts to
locate his/her unknown biological parent(s). If such efforts fail, the child shall be registered
as a foundling and subsequently be the subject of legal proceedings where he/she shall be
declared abandoned.
Section 6. Support Services. – The Department shall develop a pre-adoption program
which shall include, among others, the above mentioned services.
ARTICLE III
ELIGIBILITY
Section 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral turpitude,
emotionally and psychologically 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 children in
keeping with the means of the family. The requirement of sixteen (16) year 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;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals:
Provided, That his/her country has diplomatic relations with the Republic of the Philippines,
that he/she has been living in the Philippines for at least three (3) continuous years prior to
the filing of the application for adoption and maintains such residence until the adoption
decree is entered, that he/she 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
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country, and that his/her government allows the adoptee to enter his/her country as
his/her adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse
a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse;
or
(c) The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
However, that the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the spouses.
Section 8. Who May Be Adopted. – The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that
of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parent(s).
Section 9. Whose Consent is Necessary to the Adoption. – After being properly counseled
and informed of his/her right to give or withhold his/her approval of the adoption, the
written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the
adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living
with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
PROCEDURE
Section 10. Hurried Decisions. – In all proceedings for adoption, the court shall require
proof that the biological parent(s) has been properly counseled to prevent him/her from
making hurried decisions caused by strain or anxiety to give up the child, and to sustain that
all measures to strengthen the family have been exhausted and that any prolonged stay of
the child in his/her own home will be inimical to his/her welfare and interest.
Section 11. Case Study. – No petition for adoption shall be set for hearing unless a
licensed social worker of the Department, the social service office of the local government
unit, or any child-placing or child-caring agency has made a case study of the adoptee,
his/her biological parent(s), as well as the adopter(s), and has submitted the report and
recommendations on the matter to the court hearing such petition.
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 At the time of preparation of the adoptee's case study, the concerned social worker shall
confirm with the Civil Registry the real identity and registered name of the adoptee. If the
birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility
of the concerned social worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available for adoption
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 the
best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of
the case studies, that the petition should be denied. The case studies and other relevant
documents and records pertaining to the adoptee and the adoption shall be preserved by
the Department.
Section 12. Supervised Trial Custody. – No petition for adoption shall be finally granted
until the adopter(s) has been given by the court a supervised trial custody period for at
least six (6) months within which the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding relationship. During said period,
temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it finds
the 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 except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective adopter(s)
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 adoptee is placed with the prospective adopter(s).
Section 13. Decree of Adoption. – If, after the publication of the order of hearing has
been complied with, and no opposition has been interposed to the petition, and after
consideration of the case studies, the qualifications of the adopter(s), trial custody report
and the evidence submitted, the court is convinced that the petitioners are qualified to
adopt, and that the adoption would redound to the best interest of the adoptee, a decree
of adoption shall be entered which shall be 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 interest of the adoptee. The decree shall state the name
by which the child is to be known.
Section 14. Civil Registry Record. – An amended certificate of birth shall be issued by the
Civil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the
child of the adopter(s) by being registered with his/her surname. The original certificate of
birth shall be stamped "cancelled" with the annotation of the issuance of an amended birth
certificate in its place and shall be sealed in the civil registry records. The new birth
certificate to be issued to the adoptee shall not bear any notation that it is an amended
issue.
Section 15. Confidential Nature of Proceedings and Records. – All hearings in adoption
cases shall be confidential and shall not be open to the public. All records, books, and
papers relating to the adoption cases in the files of the court, the Department, or any other
agency or institution participating in the adoption proceedings shall be kept strictly
confidential.
If the court finds that the disclosure of the information to a third person is necessary for
purposes connected with or arising out of the adoption and will be for the best interest of
the adoptee, the court may merit the necessary information to be released, restricting the
purposes for which it may be used.
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in cases where the biological parent is the spouse
of the adopter, all legal ties between the biological parent(s) and the adoptee shall be
severed and the same shall then be vested on the adopter(s).
Section 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of
the adopter(s) for all intents and purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family.
Section 18. Succession. – In legal and intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of succession without distinction from legitimate
filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
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Section 19. Grounds for Rescission of Adoption. – Upon petition of the adoptee, with the
assistance of the Department if a minor or if over eighteen (18) years of age but is
incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following
grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by
the adopter(s) despite having undergone counseling; (b) attempt on the life of the adoptee;
(c) sexual assault or violence; or (d) abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the
adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is granted, the parental authority of the
adoptee's biological parent(s), if known, or the legal custody of the Department shall be
restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations
of the adopter(s) and the adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the
adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of
judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the
penalties imposable under the Penal Code if the criminal acts are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand
pesos (P50,000.00), but not more than Two hundred thousand pesos (P200,000.00) at the
discretion of the court shall be imposed on any person who shall commit any of the
following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper
material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for
adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious 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 medium period and a fine not exceeding
Fifty thousand pesos (P50,000.00).
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 and also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents, and communications of adoption applications, cases, and
processes shall suffer the penalty of imprisonment ranging from one (1) year and one (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.
A penalty lower by two (2) degrees than that prescribed for the consummated offense
under this Article shall be imposed upon the principals of the attempt to commit any of the
acts herein enumerated. Acts punishable under this Article, when committed by a syndicate
or where it involves two (2) or more children shall be considered as an offense constituting
child trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by
a group of three (3) or more persons conspiring and/or confederating with one another in
carrying out any of the unlawful acts defined under this Article. Penalties as are herein
provided, shall be in addition to any other penalties which may be imposed for the same
acts punishable under other laws, ordinances, executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately after service of
sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary 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 with existing civil
service laws, rules and regulations: Provided, That upon the filing of a case, either
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administrative or criminal, said government official, employee, or functionary concerned
shall automatically suffer suspension until the resolution of the case.
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 was made for the best interest of the child and that he/she has been
consistently considered and treated by that person as his/her own son/daughter: Provided,
further, That the application for correction of the birth registration and petition for
adoption shall be filed within five (5) years from the effectivity of this Act and completed
thereafter: Provided, finally, That such person complies with the procedure as specified in
Article IV of this Act and other requirements as determined by the Department.
Section 27. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and
subsisting.
Section 28. Effectivity Clause. – This Act shall take effect fifteen (15) days following its
complete publication in any newspaper of general circulation or in the Official Gazette.
Approved: February 25, 1998
The Lawphil Project - Arellano Law Foundation

ARTICLE VIII
FINAL PROVISIONS

Section 23. Adoption Resource and Referral Office. – There shall be established an
Adoption Resources and Referral Office under the Department with the following functions:
(a) monitor the existence, number, and flow of children legally available for adoption and
prospective adopter(s) so as to facilitate their matching; (b) maintain a nationwide
information and educational campaign on domestic adoption; (c) keep records of adoption
proceedings; (d) generate resources to help child-caring and child-placing agencies and
foster homes maintain viability; and (e) do policy research in collaboration with the
Intercountry Adoption Board and other concerned agencies. The office shall be manned by
adoption experts from the public and private sectors.

Section 24. Implementing Rules and Regulations. – Within six (6) months from the
promulgation of this Act, the Department, with the Council for the Welfare of Children, the
Office of Civil Registry General, the Department of Justice, Office of the Solicitor General,
and two (2) private individuals representing child-placing and child-caring agencies shall
formulate the necessary guidelines to make the provisions of this Act operative.

Section 25. Appropriations. – Such sum as may be necessary for the implementation of
the provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.

Section 26. Repealing Clause. – Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent
with the provisions of this Act is hereby repealed, modified, or amended accordingly.

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A.M. NO. 02-6-02-SC
"RULE ON ADOPTION"
A. DOMESTIC ADOPTION
Section 1. Applicability of the Rule. - This Rule covers the domestic adoption of Filipino
children.
Section 2. Objectives. - (a) The best interests of the child shall be the paramount
consideration in all matters relating to his care, custody and adoption, in accordance with
Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN
Declaration on Social and Legal Principles Relating to the Protection and Welfare of
Children with Special Reference to Foster Placement and Adoption, Nationally and
Internationally, and the Hague Convention on the Protection of Children and Cooperation in
Respect of Inter-country Adoption.
(b) The State shall provide alternative protection and assistance through foster care or
adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this
end, the State shall:
(i) ensure that every child remains under the care and custody of his parents and is
provided with love, care, understanding and security for the full and harmonious
development of his personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child’s extended family is available shall
adoption by an unrelated person be considered.
(ii) safeguard the biological parents from making hasty decisions in relinquishing their
parental authority over their child;
(iii) prevent the child from unnecessary separation from his biological parents;
(iv) conduct public information and educational campaigns to promote a positive
environment for adoption;
(v) ensure that government and private sector agencies have the capacity to handle
adoption inquiries, process domestic adoption applications and offer adoption-related
services including, but not limited to, parent preparation and post-adoption education and
counseling;
(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his
native land, and only when this is not available shall inter-country adoption be considered
as a last resort; and
(vii) protect adoptive parents from attempts to disturb their parental authority and custody
over their adopted child.
Any voluntary or involuntary termination of parental authority shall be administratively or
judicially declared so as to establish the status of the child as "legally available for
adoption" and his custody transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent placement of the child.
Section 3. Definition of Terms. - For purposes of this Rule:
(a) "Child" is a person below eighteen (18) years of age at the time of the filing of the
petition for adoption.
(b) "A child legally available for adoption" refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited child-
placing or child-caring agency, freed of the parental authority of his biological parents, or in
case of rescission of adoption, his guardian or adopter(s).
(c) "Voluntarily committed child" is one whose parents knowingly and willingly relinquish
parental authority over him in favor of the Department.
(d) "Involuntarily committed child" is one whose parents, known or unknown, have been
permanently and judicially deprived of parental authority over him due to abandonment;
substantial, continuous or repeated neglect and abuse; or incompetence to discharge
parental responsibilities.
(e) "Foundling" refers to a deserted or abandoned infant or child whose parents, guardian
or relatives are unknown; or a child committed to an orphanage or charitable or similar
institution with unknown facts of birth and parentage and registered in the Civil Register as
a "foundling."
(f) "Abandoned child" refers to one who has no proper parental care or guardianship or
whose parents have deserted him for a period of at least six (6) continuous months and has
been judicially declared as such.
(g) "Dependent child" refers to one who is without a parent, guardian or custodian or one
whose parents, guardian or other custodian for good cause desires to be relieved of his
care and custody and is dependent upon the public for support.
(h) "Neglected child" is one whose basic needs have been deliberately not attended to or
inadequately attended to, physically or emotionally, by his parents or guardian.
(i) "Physical neglect" occurs when the child is malnourished, ill-clad and without proper
shelter.
(j) "Emotional neglect" exists when a child is raped, seduced, maltreated, exploited,
overworked or made to work under conditions not conducive to good health or made to
beg in the streets or public places, or placed in moral danger, or exposed to drugs, alcohol,
gambling, prostitution and other vices.
(k) "Child-placement agency" refers to an agency duly licensed and accredited by the
Department to provide comprehensive child welfare services including, but not limited to,
receiving applications for adoption, evaluating the prospective adoptive parents and
preparing the adoption home study report.
(l) "Child-caring agency" refers to an agency duly licensed and accredited by the
Department that provides 24-hour residential care services for abandoned, orphaned,
neglected or voluntarily committed children.
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(m) "Department" refers to the Department of Social Welfare and Development.
(n) "Deed of Voluntary Commitment" refers to the written and notarized instrument
relinquishing parental authority and committing the child to the care and custody of the
Department executed by the child’s biological parents or in their absence, mental
incapacity or death, by the child’s legal guardian, to be witnessed by an authorized
representative of the Department after counseling and other services have been made
available to encourage the biological parents to keep the child.
(o) "Child Study Report" refers to a study made by the court social worker of the child’s
legal status, placement history, psychological, social, spiritual, medical, ethno-cultural
background and that of his biological family needed in determining the most appropriate
placement for him.
(p) "Home Study Report" refers to a study made by the court social worker of the
motivation and capacity of the prospective adoptive parents to provide a home that meets
the needs of a child.
(q) "Supervised trial custody" refers to the period of time during which a social worker
oversees the adjustment and emotional readiness of both adopters and adoptee in
stabilizing their filial relationship.
(r) "Licensed Social Worker" refers to one who possesses a degree in bachelor of science in
social work as a minimum educational requirement and who has passed the government
licensure examination for social workers as required by Republic Act No. 4373.
(s) "Simulation of birth" is the tampering of the civil registry to make it appear in the birth
records that a certain child was born to a person who is not his biological mother, thus
causing such child to lose his true identity and status.
(t) "Biological Parents" refer to the child’s mother and father by nature.
(u) "Pre-Adoption Services" refer to psycho-social services provided by professionally-
trained social workers of the Department, the social services units of local governments,
private and government health facilities, Family Courts, licensed and accredited child-caring
and child-placement agencies and other individuals or entities involved in adoption as
authorized by the Department.
(v) "Residence" means a person’s actual stay in the Philippines for three (3) continuous
years immediately prior to the filing of a petition for adoption and which is maintained until
the adoption decree is entered. Temporary absences for professional, business, health, or
emergency reasons not exceeding sixty (60) days in one (1) year does not break the
continuity requirement.
(w) "Alien" refers to any person, not a Filipino citizen, who enters and remains in the
Philippines and is in possession of a valid passport or travel documents and visa.
Section 4. Who may adopt. - The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral turpitude; who
is emotionally and psychologically 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 children in
keeping with the means of the family. The requirement of a 16-year 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;
(2) Any alien possessing the same qualifications as above-stated for Filipino nationals:
Provided, That his country has diplomatic relations with the Republic of the Philippines,
that he has been living in the Philippines for at least three (3) continuous years prior to the
filing of the petition for adoption and maintains such residence until the adoption decree is
entered, that he has been certified by his diplomatic or consular office or any appropriate
government agency to have the legal capacity to adopt in his country, and that his
government allows the adoptee to enter his country as his adopted child. Provided, further,
That the requirements on residency and certification of the alien’s qualification to adopt in
his country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
(3) The guardian with respect to the ward after the termination of the guardianship and
clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the
other spouse has signified his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the
other, joint parental authority shall be exercised by the spouses.
Section 5. Who may be adopted. - The following may be adopted:
(1) Any person below eighteen (18) years of age who has been voluntarily committed to the
Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available
for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of
legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has
been consistently considered and treated by the adopters as their own child since minority;
(5) A child whose adoption has been previously rescinded; or
(6) A child whose biological or adoptive parents have died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parents.
(7) A child not otherwise disqualified by law or these rules.
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Section 6. Venue. - The petition for adoption shall be filed with the Family Court of the
province or city where the prospective adoptive parents reside.
Section 7. Contents of the Petition. - The petition shall be verified and specifically state at
the heading of the initiatory pleading whether the petition contains an application for
change of name, rectification of simulated birth, voluntary or involuntary commitment of
children, or declaration of child as abandoned, dependent or neglected.
1) If the adopter is a Filipino citizen, the petition shall allege the following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of
good moral character; has not been convicted of any crime involving moral turpitude; is
emotionally and psychologically capable of caring for children; is at least sixteen (16) years
older than the adoptee, unless the adopter is the biological parent of the adoptee or is the
spouse of the adoptee’s parent; and is in a position to support and care for his children in
keeping with the means of the family and has undergone pre-adoption services as required
by Section 4 of Republic Act No. 8552.
2) If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the Philippines;
(d) That he has been certified by his diplomatic or consular office or any appropriate
government agency to have the legal capacity to adopt in his country and his government
allows the adoptee to enter his country as his adopted child and reside there permanently
as an adopted child; and
(e) That he has been living in the Philippines for at least three (3) continuous years prior to
the filing of the petition and he maintains such residence until the adoption decree is
entered.
The requirements of certification of the alien’s qualification to adopt in his country and of
residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of
consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative
within the fourth degree of consanguinity or affinity of the Filipino spouse.
3) If the adopter is the legal guardian of the adoptee, the petition shall allege that
guardianship had been terminated and the guardian had cleared his financial
accountabilities.
4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified
written consent thereto, or
(c) if the spouses are legally separated from each other.
5) If the adoptee is a foundling, the petition shall allege the entries which should appear in
his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name
and citizenship of adoptive mother and father, and the date and place of their marriage.
6) If the petition prays for a change of name, it shall also state the cause or reason for the
change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and residence of the adoptee as shown by his
record of birth, baptismal or foundling certificate and school records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be known and registered
in the Civil Registry.
A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the
1997 Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth. - In case the petition also seeks rectification of a
simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of Republic Act No.
8552 and the application for rectification of the birth registration and the petition for
adoption were filed within five years from said date;
(c) The petitioner made the simulation of birth for the best interests of the adoptee; and
(d) The adoptee has been consistently considered and treated by petitioner as his own
child.
Section 9. Adoption of a foundling, an abandoned, dependent or neglected child. - In case
the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall
allege:
(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;
(b) The names of the parents, if known, and their residence. If the child has no known or
living parents, then the name and residence of the guardian, if any;
(c) The name of the duly licensed child-placement agency or individual under whose care
the child is in custody; and
(d) That the Department, child-placement or child-caring agency is authorized to give its
consent.
Section 10. Change of name. - In case the petition also prays for change of name, the title
or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.
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Section 11. Annexes to the Petition. - The following documents shall be attached to the
petition:
A. Birth, baptismal or foundling certificate, as the case may be, and school records showing
the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the child-placement
agency, child-caring agency, or the proper government instrumentality which has legal
custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are
ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten (10) years of age or
over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;
D. If the petitioner is an alien, certification by his diplomatic or consular office or any
appropriate government agency that he has the legal capacity to adopt in his country and
that his government allows the adoptee to enter his country as his own adopted child
unless exempted under Section 4(2);
E. Home study report on the adopters. If the adopter is an alien or residing abroad but
qualified to adopt, the home study report by a foreign adoption agency duly accredited by
the Inter-Country Adoption Board; and
F. Decree of annulment, nullity or legal separation of the adopter as well as that of the
biological parents of the adoptee, if any.
Section 12. Order of Hearing. - If the petition and attachments are sufficient in form and
substance, the court shall issue an order which shall contain the following:
(1) the registered name of the adoptee in the birth certificate and the names by which the
adoptee has been known which shall be stated in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is granted;
(4) the date and place of hearing which shall be set within six (6) months from the date of
the issuance of the order and shall direct that a copy thereof be published before the date
of hearing at least once a week for three successive weeks in a newspaper of general
circulation in the province or city where the court is situated; Provided, that in case of
application for change of name, the date set for hearing shall not be within four (4) months
after the last publication of the notice nor within thirty (30) days prior to an election.
The newspaper shall be selected by raffle under the supervision of the Executive Judge.
(5) a directive to the social worker of the court, the social service office of the local
government unit or any child-placing or child-caring agency, or the Department to prepare
and submit child and home study reports before the hearing if such reports had not been
attached to the petition due to unavailability at the time of the filing of the latter; and
(6) a directive to the social worker of the court to conduct counseling sessions with the
biological parents on the matter of adoption of the adoptee and submit her report before
the date of hearing.
At the discretion of the court, copies of the order of hearing shall also be furnished the
Office of the Solicitor General through the provincial or city prosecutor, the Department
and the biological parents of the adoptee, if known.
If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor
General shall be mandatory.
Section 13. Child and Home Study Reports. - In preparing the child study report on the
adoptee, the concerned social worker shall verify with the Civil Registry the real identity
and registered name of the adoptee. If the birth of the adoptee was not registered with the
Civil Registry, it shall be the responsibility of the social worker to register the adoptee and
secure a certificate of foundling or late registration, as the case may be.
The social worker shall establish that the child is legally available for adoption and the
documents in support thereof are valid and authentic, that the adopter has sincere
intentions and that the adoption shall inure to the best interests of the child.
In case the adopter is an alien, the home study report must show the legal capacity to
adopt and that his government allows the adoptee to enter his country as his adopted child
in the absence of the certification required under Section 7(b) of Republic Act No. 8552.
If after the conduct of the case studies, the social worker finds that there are grounds to
deny the petition, he shall make the proper recommendation to the court, furnishing a copy
thereof to the petitioner.
Section 14. Hearing. - Upon satisfactory proof that the order of hearing has been published
and jurisdictional requirements have been complied with, the court shall proceed to hear
the petition. The petitioner and the adoptee must personally appear and the former must
testify before the presiding judge of the court on the date set for hearing.
The court shall verify from the social worker and determine whether the biological parent
has been properly counseled against making hasty decisions caused by strain or anxiety to
give up the child; ensure that all measures to strengthen the family have been exhausted;
and ascertain if any prolonged stay of the child in his own home will be inimical to his
welfare and interest.
Section 15. Supervised Trial Custody. - Before issuance of the decree of adoption, the court
shall give the adopter trial custody of the adoptee for a period of at least six (6) months
within which the parties are expected to adjust psychologically and emotionally to each
other and establish a bonding relationship. The trial custody shall be monitored by the
social worker of the court, the Department, or the social service of the local government
unit, or the child-placement or child-caring agency which submitted and prepared the case
studies. During said period, temporary parental authority shall be vested in the adopter.
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The court may, motu proprio or upon motion of any party, reduce the period or exempt the
parties if it finds that the same shall be for the best interests of the adoptee, stating the
reasons therefor.
An alien adopter however must complete the 6-month trial custody except the following:
a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his Filipino spouse; or
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse
the latter’s relative within the fourth (4th) degree of consanguinity or affinity.
If the child is below seven (7) years of age and is placed with the prospective adopter
through a pre-adoption placement authority issued by the Department, the court shall
order that the prospective adopter shall enjoy all the benefits to which the biological parent
is entitled from the date the adoptee is placed with him.
The social worker shall submit to the court a report on the result of the trial custody within
two weeks after its termination.
Section 16. Decree of Adoption. - If the supervised trial custody is satisfactory to the parties
and the court is convinced from the trial custody report and the evidence adduced that the
adoption shall redound to the best interests of the adoptee, a decree of adoption shall be
issued which shall take effect as of the date the original petition was filed even if the
petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the
15-day reglementary period within which to appeal;
2) the adopter to submit a certified true copy of the decree of adoption and the certificate
of finality to the Civil Registrar where the child was originally registered within thirty (30)
days from receipt of the certificate of finality. In case of change of name, the decree shall
be submitted to the Civil Registrar where the court issuing the same is situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree of adoption within
thirty (30) days from receipt of the certificate of finality;
b. to issue a certificate of birth which shall not bear any notation that it is a new or
amended certificate and which shall show, among others, the following: registry number,
date of registration, name of child, sex, date of birth, place of birth, name and citizenship of
adoptive mother and father, and the date and place of their marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records which can be opened
only upon order of the court which issued the decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of compliance with all the
foregoing within thirty days from receipt of the decree.
If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling
was registered, to annotate the decree of adoption on the foundling certificate and a new
birth certificate shall be ordered prepared by the Civil Registrar in accordance with the
decree.
Section 17. Book of Adoptions. - The Clerk of Court shall keep a book of adoptions showing
the date of issuance of the decree in each case, compliance by the Civil Registrar with
Section 16(B)(3) and all incidents arising after the issuance of the decree.
Section 18. Confidential Nature of Proceedings and Records. - All hearings in adoption
cases, after compliance with the jurisdictional requirements shall be confidential and shall
not be open to the public. All records, books and papers relating to the adoption cases in
the files of the court, the Department, or any other agency or institution participating in the
adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is necessary for
security reasons or for purposes connected with or arising out of the adoption and will be
for the best interests of the adoptee, the court may, upon proper motion, order the
necessary information to be released, restricting the purposes for which it may be used.
Section 19. Rescission of Adoption of the Adoptee. - The petition shall be verified and filed
by the adoptee who is over eighteen (18) years of age, or with the assistance of the
Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated,
by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds committed by the
adopter:
1) repeated physical and verbal maltreatment by the adopter despite having undergone
counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject to rescission by the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article
919 of the Civil Code.
Section 20. Venue. - The petition shall be filed with the Family Court of the city or province
where the adoptee resides.
Section 21. Time within which to file petition. - The adoptee, if incapacitated, must file the
petition for rescission or revocation of adoption within five (5) years after he reaches the
age of majority, or if he was incompetent at the time of the adoption, within five (5) years
after recovery from such incompetency.
Section 22. Order to Answer. - The court shall issue an order requiring the adverse party to
answer the petition within fifteen (15) days from receipt of a copy thereof. The order and
copy of the petition shall be served on the adverse party in such manner as the court may
direct.
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Section 23. Judgment. - If the court finds that the allegations of the petition are true, it
shall render judgment ordering the rescission of adoption, with or without costs, as justice
requires.
The court shall order that the parental authority of the biological parent of the adoptee, if
known, or the legal custody of the Department shall be restored if the adoptee is still a
minor or incapacitated and declare that the reciprocal rights and obligations of the adopter
and the adoptee to each other shall be extinguished.
The court shall further declare that successional rights shall revert to its status prior to
adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
It shall also order the adoptee to use the name stated in his original birth or foundling
certificate.
The court shall further order the Civil Registrar where the adoption decree was registered
to cancel the new birth certificate of the adoptee and reinstate his original birth or
foundling certificate.
Section 24. Service of Judgment. - A certified true copy of the judgment together with a
certificate of finality issued by the Branch Clerk of the Court which rendered the decision in
accordance with the preceding Section shall be served by the petitioner upon the Civil
Registrar concerned within thirty (30) days from receipt of the certificate of finality. The
Civil Registrar shall forthwith enter the rescission decree in the register and submit proof of
compliance to the court issuing the decree and the Clerk of Court within thirty (30) days
from receipt of the decree.
The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.
Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of
Court.
B. Inter-Country Adoption
Section 26. Applicability. - The following sections apply to inter-country adoption of Filipino
children by foreign nationals and Filipino citizens permanently residing abroad.
Section 27. Objectives. - The State shall:
a) consider inter-country adoption as an alternative means of child care, if the child cannot
be placed in a foster or an adoptive family or cannot, in any suitable manner, be cared for
in the Philippines;
b) ensure that the child subject of inter-country adoption enjoys the same protection
accorded to children in domestic adoption; and
c) take all measures to ensure that the placement arising therefrom does not result in
improper financial gain for those involved.
Section 28. Where to File Petition. - A verified petition to adopt a Filipino child may be filed
by a foreign national or Filipino citizen permanently residing abroad with the Family Court
having jurisdiction over the place where the child resides or may be found.
It may be filed directly with the Inter-Country Adoption Board.
Section 29. Who may be adopted. - Only a child legally available for domestic adoption may
be the subject of inter-country adoption.
Section 30. Contents of Petition. - The petitioner must allege:
a) his age and the age of the child to be adopted, showing that he is at least twenty-seven
(27) years of age and at least sixteen (16) years older than the child to be adopted at the
time of application, unless the petitioner is the parent by nature of the child to be adopted
or the spouse of such parent, in which case the age difference does not apply;
b) if married, the name of the spouse who must be joined as co-petitioner except when the
adoptee is a legitimate child of his spouse;
c) that he has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate counseling from an
accredited counselor in his country;
d) that he has not been convicted of a crime involving moral turpitude;
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support and instill the necessary moral values
and example to all his children, including the child to be adopted;
g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws
and the U. N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of Republic Act No. 8043;
h) that he comes from a country with which the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that
adoption of a Filipino child is allowed under his national laws; and
i) that he possesses all the qualifications and none of the disqualifications provided in this
Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.
Section 31. Annexes. - The petition for adoption shall contain the following annexes written
and officially translated in English:
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment
dissolving the marriage;
c) Sworn statement of consent of petitioner’s biological or adopted children above ten (10)
years of age;
d) Physical, medical and psychological evaluation of the petitioner certified by a duly
licensed physician and psychologist;
e) Income tax returns or any authentic document showing the current financial capability of
the petitioner;
f) Police clearance of petitioner issued within six (6) months before the filing of the
petitioner;
g) Character reference from the local church/minister, the petitioner’s employer and a
member of the immediate community who have known the petitioner for at least five (5)
years;
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h) Full body postcard-size pictures of the petitioner and his immediate family taken at least
six (6) months before the filing of the petition.
Section 32. Duty of Court. - The court, after finding that the petition is sufficient in form
and substance and a proper case for inter-country adoption, shall immediately transmit the
petition to the Inter-Country Adoption Board for appropriate action.
Section 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its
publication in a newspaper of general circulation.
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 Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two
thousand eight.
Republic Act No. 9523 March 12, 2009
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC
ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-
COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN
AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Declaration of Policy. – It is hereby declared the policy of the State that
alternative protection and assistance shall be afforded to every child who is abandoned,
surrendered, or neglected. In this regard, the State shall extend such assistance in the most
expeditious manner in the interest of full emotional and social development of the
abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the jurisdiction of the
Department of Social Welfare and Development for the declaration of a child legally
available for adoption of abandoned, surrendered, or neglected children are the most
expeditious proceedings for the best interest and welfare of the child.
Section. 2. Definition of Terms. – As used in this Act, the following terms shall mean:
(1) Department of Social Welfare and Development (DSWD) is the agency charged to
implement the provisions of this Act and shall have the sole authority to issue the
certification declaring a child legally available for adoption.
(2) Child refers to a person below eighteen (18) 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 discrimination because of physical or mental
disability or condition.
(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 period of at least three (3) continuous
months, which includes a founding.
(4) Neglected Child refers to a child whose basic needs have been deliberately
unattended or inadequately attended within a period of three (3) continuous months.
Neglect may occur in two (2) ways:
(a) There is physical neglect when the child is malnourished, ill-clad, and without proper
shelter. A child is unattended when left by himself/herself without proper provisions and/or
without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited,
overworked, or made to work under conditions not conducive to good health; or is made to
beg in the streets or public places; or when children are in moral danger, or exposed to
gambling, prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a child in whose favor a certification was
issued by the DSWD that he/she is legally available for adoption after the fact of
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 guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and
willingly relinquished parental authority to the DSWD or any duly accredited child-
placement or child-caring agency or institution.
(7) Child-caring agency or institution refers to a private non-profit or government agency
duly accredited by the DSWD that provides twenty-four (24) hour residential care services
for abandoned, neglected, or voluntarily committed children.
(8) Child-placing agency or institution refers to a private non-profit institution or
government agency duly accredited by the DWSD that receives and processes applicants to
become foster or adoptive parents and facilitate placement of children eligible for foster
care or adoption.
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 (9) Petitioner refers to the head or executive director of a licensed or accredited child-
caring or child-placing agency or institution managed by the government, local government
unit, non-governmental organization, or provincial, city, or municipal Social Welfare
Development Officer who has actual custody of the minor and who files a certification to
declare such child legally available for adoption, or, if the child is under the custody of any
other individual, the agency or institution does so with the consent of the child's custodian.
(10) Secretary refers to the Secretary of the DSWD or his duly authorized representative.
(11) Conspicuous Place shall refer to a place frequented by the public, where by notice of
the petition shall be posted for information of any interested person.
(12) Social Case Study Report (SCSR) shall refer to a written report of the result of an
assessment conducted by a licensed social worker as to the social-cultural economic
condition, psychosocial background, current functioning and facts of abandonment or
neglect of the child. The report shall also state the efforts of social worker to locate the
child's biological parents/relatives.
Section 3. Petition. – The petition shall be in the form of an affidavit, subscribed and
sworn to before any person authorized by law to administer oaths. It shall contain facts
necessary to establish the merits of the petition and shall state the circumstances
surrounding the abandonment or neglect of the child.
The petition shall be supported by the following documents:
(1) Social Case Study Report made by the DSWD, local government unit, licensed or
accredited child-caring or child-placing agency or institution charged with the custody of
the child;
(2) Proof that efforts were made to locate the parent(s) or any known relatives of the
child. The following shall be considered sufficient:
(a) Written certification from a local or national radio or television station that the case
was aired on three (3) different occasions;
(b) Publication in one (1) newspaper of general circulation;
(c) Police report or barangay certification from the locality where the child was found or a
certified copy of a tracing report issued by the Philippine National Red Cross (PNRC),
National Headquarters (NHQ), Social Service Division, which states that despite due
diligence, the child's parents could not be found; and
(d) Returned registered mail to the last known address of the parent(s) or known
relatives, if any.
(3) Birth certificate, if available; and
(4) Recent photograph of the child and photograph of the child upon abandonment or
admission to the agency or institution.
Section 4. Procedure for the Filing of the Petition. – The petition shall be filed in the
regional office of the DSWD where the child was found or abandoned.
The Regional Director shall examine the petition and its supporting documents, if
sufficient in form and substance and shall authorize the posting of the notice of the petition
conspicuous place for five (5) consecutive days in the locality where the child was found.
The Regional Director shall act on the same and shall render a recommendation not later
than five (5) working days after the completion of its posting. He/she shall transmit a copy
of his/her recommendation and records to the Office of the Secretary within forty-eight
(48) hours from the date of the recommendation.
Section 5. Declaration of Availability for Adoption. – Upon finding merit in the petition,
the Secretary shall issue a certification declaring the child legally available for adoption
within seven (7) working days from receipt of the recommendation.
Said certification, by itself shall be the sole basis for the immediate issuance by the local
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).
Section 6. Appeal. – The decision of the Secretary shall be appealable to the Court of
Appeals within five (5) days from receipt of the decision by the petitioner, otherwise the
same shall be final and executory.
Section 7. Declaration of Availability for Adoption of Involuntarily Committed Child and
Voluntarily Committed Child. – The certificate declaring a child legally available for adoption
in case of an involuntarily committed child under Article 141, paragraph 4(a) and Article 142
of Presidential Decree No. 603 shall be issued by the DSWD within three (3) months
following such involuntary commitment.
15

In case of voluntary commitment as contemplated in Article 154 of Presidential Decree
No. 603, the certification declaring the child legally available for adoption shall be issued by
the Secretary within three (3) months following the filing of the Deed of Voluntary
Commitment, as signed by the parent(s) with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily
committed a child may recover legal custody and parental authority over him/her from the
agency or institution to which such child was voluntarily committed when it is shown to the
satisfaction of the DSWD that the parent(s) or 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 Voluntary Commitment.
Section 8. Certification. – The certification that a child is legally available for adoption
shall be issued by the DSWD in lieu of a judicial order, thus making the entire process
administrative in nature.
Violation of any provision of this Act shall subject the government official or employee
concerned to appropriate administrative, civil and/or criminal sanctions, including
suspension and/or dismissal from the government service and forfeiture of benefits.
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, Chapter 1 of Title VII, and VIII of Presidential
Decree No. 603 and any law, presidential decree, executive order, letter of instruction,
administrative order, rule, or regulation contrary to or inconsistent with the provisions of
this Act are hereby reprealed, modified or amended accordingly.
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
subsisting.
Section 13. Effectivity. – This Act shall take effect fifteen (15) days following its complete
publication in two (2) newspapers of general circulation or in the Official Gazette.

The certification, shall be, for all intents and purposes, the primary evidence that the Approved,
child is legally available in a domestic adoption proceeding, as provided in Republic Act No.
8552 and in an inter-country adoption proceeding, as provided in Republic Act No. 8043. (Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives
Section. 9. Implementing Rules and Regulations. – The DSWD, together with the Council
for Welfare of Children, Inter-Country Adoption Board, two (2) representatives from
licensed or accredited child-placing and child-caring agencies or institution, National (Sgd.) JUAN PONCE ENRILE
Statistics Office and Office of the Civil Registrar, is hereby tasked to draft the implementing President of the Senate
rules and regulations of this Act within sixty (60) days following its complete publication.
This Act which is a consolidation of Senate Bill No. 2391 and House Bill No. 10 was finally
Upon effectivity of this Act and pending the completion of the drafting of the passed by the Senate and the House of Representatives December 17, 2009.
implementing rules and regulations, petitions for the issuance of a certification declaring a
child legally available for adoption may be filled with the regional office of the DSWD where (Sgd.) MARILYN B. BARUA-YAP
the child was found or abandoned. Secretary General
House of Representives
Section 10. Penalty. – The penalty of One hundred thousand pesos (P100,000.00) to Two
hundred thousand pesos (P200,000.00) shall be imposed on any person, institution, or (Sgd.) EMMA LIRIO-REYES
agency who shall place a child for adoption without the certification that the child is legally Secretary of Senate
available for adoption issued by the DSWD. Any agency or institution found violating any
provision of this Act shall have its license to operate revoked without prejudice to the Approved: MAR 12, 2009
criminal prosecution of its officers and employees.
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
16
 SECOND DIVISION
G.R. No. 94147 June 8, 1994
REPUBLIC OF THE PHILIPPINES, petitioner,
vs.
HONORABLE RODOLFO TOLEDANO, in his capacity as Presiding Judge of the Regional
Trial Court, Third Judicial Region, Branch 69, Iba, Zambales and SPOUSES ALVIN A. CLOUSE
and EVELYN A. CLOUSE, respondents.
The Solicitor General for petitioner.
R.M. Blanco for private respondents.
PUNO, J.:
Before us is a petition for review on certiorari of the decision 1 of the Regional Trial Court
of Iba, Zambales, Branch 69, in Special Proceeding No. RTC-140-I, entitled, "In the Matter of
the Adoption of the Minor named Solomon Joseph Alcala", raising a pure question of law.
The sole issue for determination concerns the right of private respondents spouses Alvin
A. Clouse and Evelyn A. Clouse who are aliens to adopt under Philippine Law.
There is no controversy as to the facts.
On February 21, 1990, in a verified petition filed before the Regional Trial Court of Iba,
Zambales, private respondents spouses Clouse sought to adopt the minor, Solomon Joseph
Alcala, the younger brother of private respondent Evelyn A. Clouse. In an Order issued on
March 12, 1990, the petition was set for hearing on April 18, 1990. The said Order was
published in a newspaper of general circulation in the province of Zambales and City of
Olongapo for three (3) consecutive weeks.
The principal evidence disclose that private respondent Alvin A. Clouse is a natural born
citizen of the United States of America. He married Evelyn, a Filipino on June 4, 1981 at
Olongapo City. On August 19, 1988, Evelyn became a naturalized citizen of the United
States of America in Guam. They are physically, mentally, morally, and financially capable of
adopting Solomon, a twelve (12) year old minor.
Since 1981 to 1984, then from November 2, 1989 up to the present, Solomon Joseph
Alcala was and has been under the care and custody of private respondents. Solomon gave
his consent to the adoption. His mother, Nery Alcala, a widow, likewise consented to the
adoption due to poverty and inability to support and educate her son.
Mrs. Nila Corazon Pronda, the social worker assigned to conduct the Home and Child
Study, favorably recommended the granting of the petition for adoption.
Finding that private respondents have all the qualifications and none of the
disqualifications provided by law and that the adoption will redound to the best interest
and welfare of the minor, respondent judge rendered a decision on June 20, 1990,
disposing as follows:
WHEREFORE, the Court grants the petition for adoption filed by Spouses Alvin A. Clouse
and Evelyn A. Clouse and decrees that the said minor be considered as their child by
adoption. To this effect, the Court gives the minor the rights and duties as the legitimate
child of the petitioners. Henceforth, he shall be known as SOLOMON ALCALA CLOUSE.
The Court dissolves parental authority bestowed upon his natural parents and vests
parental authority to the herein petitioners and makes him their legal heir. Pursuant to
Article 36 of P.D. 603 as amended, the decree of adoption shall be effective as of the date
when the petition was filed. In accordance with Article 53 of the same decree, let this
decree of adoption be recorded in the corresponding government agency, particularly the
Office of the Local Civil Registrar of Merida, Leyte where the minor was born. The said
office of the Local Civil Registrar is hereby directed to issue an amended certificate of live
birth to the minor adopted by the petitioners.
Let copies of this decision be furnished (sic) the petitioners, DSWD, Zambales Branch,
Office of the Solicitor General and the Office of the Local Civil Registrar of Merida, Leyte.
SO ORDERED. 2
Petitioner, through the Office of the Solicitor General appealed to us for relief,
contending:
THE LOWER COURT ERRED IN GRANTING THE PETITION FOR ADOPTION OF ALVIN AND
EVELYN CLOUSE, BECAUSE THEY ARE NOT QUALIFIED TO ADOPT UNDER PHILIPPINE LAW.
We rule for petitioner.
17
 Under Articles 184 and 185 of Executive Order (E.O.) No. 209, otherwise known as "The
Family Code of the Philippines", private respondents spouses Clouse are clearly barred from
adopting Solomon Joseph Alcala.
Article 184, paragraph (3) of Executive Order No. 209 expressly enumerates the persons
who are not qualified to adopt, viz.:
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in accordance
with the rules on inter-country adoption as may be provided by law.
There can be no question that private respondent Alvin A. Clouse is not qualified to adopt
Solomon Joseph Alcala under any of the exceptional cases in the aforequoted provision. In
the first place, he is not a former Filipino citizen but a natural born citizen of the United
States of America. In the second place, Solomon Joseph Alcala is neither his relative by
consanguinity nor the legitimate child of his spouse. In the third place, when private
respondents spouses Clouse jointly filed the petition to adopt Solomon Joseph Alcala on
February 21, 1990, private respondent Evelyn A. Clouse was no longer a Filipino citizen. She
lost her Filipino citizenship when she was naturalized as a citizen of the United States in
1988.
Private respondent Evelyn A. Clouse, on the other hand, may appear to qualify pursuant
to paragraph 3(a) of Article 184 of E.O. 209. She was a former Filipino citizen. She sought to
adopt her younger brother. Unfortunately, the petition for adoption cannot be granted in
her favor alone without violating Article 185 which mandates a joint adoption by the
husband and wife. It reads:
Article 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other.
Article 185 requires a joint adoption by the husband and wife, a condition that must be
read along together with Article 184. 3
The historical evolution of this provision is clear. Presidential Decree 603 (The Child and
Youth Welfare Code), provides that husband and wife "may" jointly adopt. 4 Executive
Order No. 91 issued on December 17, 1986 amended said provision of P.D. 603. It demands
that both husband and wife "shall" jointly adopt if one of them is an alien. 5 It was so
crafted to protect Filipino children who are put up for adoption. The Family Code reiterated
the rule by requiring that husband and wife "must" jointly adopt, except in the cases
mentioned before. Under the said new law, joint adoption by husband and wife is
mandatory. 6 This is in consonance with the concept of joint parental authority over the
child, which is the ideal situation. 7 As the child to be adopted is elevated to the level of a
legitimate child, it is but natural to require the spouses to adopt jointly. The rule also
insures harmony between the spouses. 8
In a distinctly similar case, we held:
As amended by Executive Order 91, Presidential Decree No. 603, had thus made it
mandatory for both the spouses to jointly adopt when one of them was an alien. The law
was silent when both spouses were of the same nationality.
The Family Code has resolved any possible uncertainty. Article 185 thereof expresses the
necessity for a joint adoption by the spouses except in only two instances —
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other.
It is in the foregoing cases when Article 186 of the Code, on the parental authority, can
aptly find governance.
Article 186. In case husband and wife jointly adopt or one spouse adopts the legitimate
child of the other, jointly parental authority shall be exercised by the spouses in accordance
with this Code. 9
Article 185 is all too clear and categorical and there is no room for its interpretation.
There is only room for application. 10
18
 We are not unaware that the modern trend is to encourage adoption and every p. 262.
reasonable intendment should be sustained to promote that objective. 11 Adoption is
geared more towards the promotion of the welfare of the child and enhancement of his 8 Vitug, Jose C., J., Compendium of Civil Law and Jurisprudence, 1993 Edition,
opportunities for a useful and happy life. 12 It is not the bureaucratic technicalities but the p. 234.
interest of the child that should be the principal criterion in adoption cases. 13 Executive
Order 209 likewise upholds that the interest and welfare of the child to be adopted should 9 Supra., pp. 4-5.
be the paramount consideration. These considerations notwithstanding, the records of the
case do not evince any fact as would justify us in allowing the adoption of the minor, 10 Cebu Portland Cement Company vs. Municipality of Naga, Cebu, Nos. 24116-17, 24
Solomon Joseph Alcala, by private respondents who are aliens. SCRA 708, August 22, 1968.

WHEREFORE, the petition is GRANTED. The decision of the lower court is REVERSED and 11 Santos, et al., vs. Aranzanso, et al., No. L-23828, 16 SCRA 344, February 28, 1966.
SET ASIDE. No costs.
12 Daoang vs. Municipal Judge of San Nicolas, Ilocos Norte, No. L-34568, 159 SCRA 369,
SO ORDERED. March 28, 1988.

Narvasa, C.J., Padilla and Regalado, JJ., concur. 13 De Tavera vs. Cacdac, Jr., No. L-76290, 167 SCRA 636, November 23, 1988.

The Lawphil Project - Arellano Law Foundation

#Footnotes

1 Honorable Rodolfo V. Toledano, Presiding Judge.

2 Rollo, RTC Decision, pp. 28-29.

3 Republic of the Philippines vs. The Honorable Court of Appeals, et al., G.R. No. 100835,
October 26, 1993.

4 P.D. 603, Article 29. Husband and wife may jointly adopt. In such case, parental
authority shall be exercised as if the child were their own by nature.

5 E.O. No. 91, Article 29, Husband and wife may jointly adopt. In such case, parental
authority shall be exercised as if the child were their own by nature.

If one of the spouses is an alien, both husband and wife shall jointly adopt. Otherwise,
the adoption shall not be allowed.

6 Republic vs. Court of Appeals, G.R. No. 92326, 205 SCRA 356, January 24, 1992.

7 Sempio-Dy, Alicia V., Handbook on the Family Code of the Philippines, 1991,
19

FIRST DIVISION
G.R. Nos. 168992-93 May 21, 2009
IN RE: PETITION FOR ADOPTION OF MICHELLE P. LIM,
MONINA P. LIM, Petitioner.
x - - - - - - - - - - - - - - - - - - - - - - -x
IN RE: PETITION FOR ADOPTION OF MICHAEL JUDE P. LIM,
MONINA P. LIM, Petitioner.
DECISION
CARPIO, J.:
The Case
This is a petition for review on certiorari filed by Monina P. Lim (petitioner) seeking to set
aside the Decision1 dated 15 September 2004 of the Regional Trial Court, General Santos
City, Branch 22 (trial court), in SPL. PROC. Case Nos. 1258 and 1259, which dismissed
without prejudice the consolidated petitions for adoption of Michelle P. Lim and Michael
Jude P. Lim.
The Facts
The following facts are undisputed. Petitioner is an optometrist by profession. On 23 June
1974, she married Primo Lim (Lim). They were childless. Minor children, whose parents
were unknown, were entrusted to them by a certain Lucia Ayuban (Ayuban). Being so eager
to have a child of their own, petitioner and Lim registered the children to make it appear
that they were the children’s parents. The children2 were named Michelle P. Lim (Michelle)
and Michael Jude P. Lim (Michael). Michelle was barely eleven days old when brought to
the clinic of petitioner. She was born on 15 March 1977.3 Michael was 11 days old when
Ayuban brought him to petitioner’s clinic. His date of birth is 1 August 1983.4
The spouses reared and cared for the children as if they were their own. They sent the
children to exclusive schools. They used the surname "Lim" in all their school records and
documents. Unfortunately, on 28 November 1998, Lim died. On 27 December 2000,
petitioner married Angel Olario (Olario), an American citizen.
Thereafter, petitioner decided to adopt the children by availing of the amnesty5 given
under Republic Act No. 85526 (RA 8552) to those individuals who simulated the birth of a
child. Thus, on 24 April 2002, petitioner filed separate petitions for the adoption of Michelle
and Michael before the trial court docketed as SPL PROC. Case Nos. 1258 and 1259,
respectively. At the time of the filing of the petitions for adoption, Michelle was 25 years
old and already married, while Michael was 18 years and seven months old.
Michelle and her husband gave their consent to the adoption as evidenced by their
Affidavits of Consent.7 Michael also gave his consent to his adoption as shown in his
Affidavit of Consent.8 Petitioner’s husband Olario likewise executed an Affidavit of
Consent9 for the adoption of Michelle and Michael.
In the Certification issued by the Department of Social Welfare and Development
(DSWD), Michelle was considered as an abandoned child and the whereabouts of her
natural parents were unknown.10 The DSWD issued a similar Certification for Michael.11
The Ruling of the Trial Court
On 15 September 2004, the trial court rendered judgment dismissing the petitions. The
trial court ruled that since petitioner had remarried, petitioner should have filed the
petition jointly with her new husband. The trial court ruled that joint adoption by the
husband and the wife is mandatory citing Section 7(c), Article III of RA 8552 and Article 185
of the Family Code.
Petitioner filed a Motion for Reconsideration of the decision but the motion was denied
in the Order dated 16 June 2005. In denying the motion, the trial court ruled that petitioner
did not fall under any of the exceptions under Section 7(c), Article III of RA 8552.
Petitioner’s argument that mere consent of her husband would suffice was untenable
because, under the law, there are additional requirements, such as residency and
certification of his qualification, which the husband, who was not even made a party in this
case, must comply.
As to the argument that the adoptees are already emancipated and joint adoption is
merely for the joint exercise of parental authority, the trial court ruled that joint adoption is
not only for the purpose of exercising parental authority because an emancipated child
acquires certain rights from his parents and assumes certain obligations and
responsibilities.
20

Hence, the present petition.
Issue
Petitioner appealed directly to this Court raising the sole issue of whether or not
petitioner, who has remarried, can singly adopt.
The Court’s Ruling
Petitioner contends that the rule on joint adoption must be relaxed because it is the duty
of the court and the State to protect the paramount interest and welfare of the child to be
adopted. Petitioner argues that the legal maxim "dura lex sed lex" is not applicable to
adoption cases. She argues that joint parental authority is not necessary in this case since,
at the time the petitions were filed, Michelle was 25 years old and already married, while
Michael was already 18 years of age. Parental authority is not anymore necessary since
they have been emancipated having attained the age of majority.
We deny the petition.
Joint Adoption by Husband and Wife
It is undisputed that, at the time the petitions for adoption were filed, petitioner had
already remarried. She filed the petitions by herself, without being joined by her husband
Olario. We have no other recourse but to affirm the trial court’s decision denying the
petitions for adoption. Dura lex sed lex. The law is explicit. Section 7, Article III of RA 8552
reads:
SEC. 7. Who May Adopt. - The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral turpitude,
emotionally and psychologically 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 children in
keeping with the means of the family. The requirement of sixteen (16) year 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;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals:
Provided, That his/her country has diplomatic relations with the Republic of the Philippines,
that he/she has been living in the Philippines for at least three (3) continuous years prior to
the filing of the application for adoption and maintains such residence until the adoption
decree is entered, that he/she 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 government allows the adoptee to enter his/her country as
his/her adopted son/daughter: Provided, further, That the requirements on residency and
certification of the alien’s qualification to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse
a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouses;
or
(c) The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
however, That the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the spouses.
(Emphasis supplied)
The use of the word "shall" in the above-quoted provision means that joint adoption by
the husband and the wife is mandatory. This is in consonance with the concept of joint
parental authority over the child which is the ideal situation. As the child to be adopted is
elevated to the level of a legitimate child, it is but natural to require the spouses to adopt
jointly. The rule also insures harmony between the spouses.12
21
 The law is clear. There is no room for ambiguity. Petitioner, having remarried at the time
the petitions for adoption were filed, must jointly adopt. Since the petitions for adoption
were filed only by petitioner herself, without joining her husband, Olario, the trial court was
correct in denying the petitions for adoption on this ground.
Neither does petitioner fall under any of the three exceptions enumerated in Section 7.
First, the children to be adopted are not the legitimate children of petitioner or of her
husband Olario. Second, the children are not the illegitimate children of petitioner. And
third, petitioner and Olario are not legally separated from each other.
The fact that Olario gave his consent to the adoption as shown in his Affidavit of Consent
does not suffice. There are certain requirements that Olario must comply being an
American citizen. He must meet the qualifications set forth in Section 7 of RA 8552 such as:
(1) he must prove that his country has diplomatic relations with the Republic of the
Philippines; (2) he must have been living in the Philippines for at least three continuous
years prior to the filing of the application for adoption; (3) he must maintain such residency
until the adoption decree is entered; (4) he has legal capacity to adopt in his own country;
and (5) the adoptee is allowed to enter the adopter’s country as the latter’s adopted child.
None of these qualifications were shown and proved during the trial.
These requirements on residency and certification of the alien’s qualification to adopt
cannot likewise be waived pursuant to Section 7. The children or adoptees are not relatives
within the fourth degree of consanguinity or affinity of petitioner or of Olario. Neither are
the adoptees the legitimate children of petitioner.
Effects of Adoption
Petitioner contends that joint parental authority is not anymore necessary since the
children have been emancipated having reached the age of majority. This is untenable.
Parental authority includes caring for and rearing the children for civic consciousness and
efficiency and the development of their moral, mental and physical character and well-
being.13 The father and the mother shall jointly exercise parental authority over the
persons of their common children.14 Even the remarriage of the surviving parent shall not
affect the parental authority over the children, unless the court appoints another person to
be the guardian of the person or property of the children.15
It is true that when the child reaches the age of emancipation — that is, when he attains
the age of majority or 18 years of age16 — emancipation terminates parental authority
over the person and property of the child, who shall then be qualified and responsible for
all acts of civil life.17 However, parental authority is merely just one of the effects of legal
adoption. Article V of RA 8552 enumerates the effects of adoption, thus:
ARTICLE V
EFFECTS OF ADOPTION
SEC. 16. Parental Authority. - Except in cases where the biological parent is the spouse
of the adopter, all legal ties between the biological parent(s) and the adoptee shall be
severed and the same shall then be vested on the adopter(s).
SEC. 17. Legitimacy. - The adoptee shall be considered the legitimate son/daughter of
the adopter(s) for all intents and purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family.
SEC. 18. Succession. - In legal and intestate succession, the adopter(s) and the adoptee
shall have reciprocal rights of succession without distinction from legitimate filiation.
However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern.
Adoption has, thus, the following effects: (1) sever all legal ties between the biological
parent(s) and the adoptee, except when the biological parent is the spouse of the adopter;
(2) deem the adoptee as a legitimate child of the adopter; and (3) give adopter and adoptee
reciprocal rights and obligations arising from the relationship of parent and child, including
but not limited to: (i) the right of the adopter to choose the name the child is to be known;
and (ii) the right of the adopter and adoptee to be legal and compulsory heirs of each
other.18 Therefore, even if emancipation terminates parental authority, the adoptee is still
considered a legitimate child of the adopter with all the rights19 of a legitimate child such
as: (1) to bear the surname of the father and the mother; (2) to receive support from their
parents; and (3) to be entitled to the legitime and other successional rights. Conversely, the
adoptive parents shall, with respect to the adopted child, enjoy all the benefits to which
biological parents are entitled20 such as support21 and successional rights.22
We are mindful of the fact that adoption statutes, being humane and salutary, hold the
interests and welfare of the child to be of paramount consideration. They are designed to
provide homes, parental care and education for unfortunate, needy or orphaned children
and give them the protection of society and family, as well as to allow childless couples or
persons to experience the joys of parenthood and give them legally a child in the person of
the adopted for the manifestation of their natural parental instincts. Every reasonable
22
intendment should be sustained to promote and fulfill these noble and compassionate REYNATO S. PUNO
objectives of the law.23 But, as we have ruled in Republic v. Vergara:24 Chief Justice
Chairperson
We are not unmindful of the main purpose of adoption statutes, which is the promotion RENATO C. CORONA
of the welfare of the children. Accordingly, the law should be construed liberally, in a Associate Justice TERESITA J. LEONARDO-DE CASTRO
manner that will sustain rather than defeat said purpose. The law must also be applied with Associate Justice
compassion, understanding and less severity in view of the fact that it is intended to
provide homes, love, care and education for less fortunate children. Regrettably, the Court LUCAS P. BERSAMIN
is not in a position to affirm the trial court’s decision favoring adoption in the case at bar, Associate Justice
for the law is clear and it cannot be modified without violating the proscription against
judicial legislation. Until such time however, that the law on the matter is amended, we CERTIFICATION
cannot sustain the respondent-spouses’ petition for adoption. (Emphasis
supplied)1avvphi1.zw+ Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the
above Decision had been reached in consultation before the case was assigned to the
Petitioner, being married at the time the petitions for adoption were filed, should have writer of the opinion of the Court’s Division.
jointly filed the petitions with her husband. We cannot make our own legislation to suit
petitioner. REYNATO S. PUNO
Chief Justice
Petitioner, in her Memorandum, insists that subsequent events would show that joint
adoption could no longer be possible because Olario has filed a case for dissolution of his Footnotes
marriage to petitioner in the Los Angeles Superior Court.
1 Penned by Judge Antonio C. Lubao. Records of SPL. PROC. Case No. 1258, pp. 161-162
We disagree. The filing of a case for dissolution of the marriage between petitioner and and SPL. PROC. Case No. 1259, pp. 163-164.
Olario is of no moment. It is not equivalent to a decree of dissolution of marriage. Until and
unless there is a judicial decree for the dissolution of the marriage between petitioner and 2 Three children were actually entrusted to petitioner and Lim. The third, who was
Olario, the marriage still subsists. That being the case, joint adoption by the husband and named Primo Jude P. Lim, was still a minor at the time the petition for adoption was filed.
the wife is required. We reiterate our ruling above that since, at the time the petitions for The case was docketed as SPL. PROC. No. 1260. Petitioner opted not to appeal the decision
adoption were filed, petitioner was married to Olario, joint adoption is mandatory. insofar as the minor Primo Jude P. Lim was concerned.

WHEREFORE, we DENY the petition. We AFFIRM the Decision dated 15 September 2004 3 Records (SPL. PROC. Case No. 1258), pp. 94-96.
of the Regional Trial Court, General Santos City, Branch 22 in SPL. PROC. Case Nos. 1258
and 1259. Costs against petitioner. 4 Records (SPL. PROC. Case No. 1259), pp. 69-71.

SO ORDERED. 5 Section 22 of RA 8552 provides:

ANTONIO T. CARPIO SEC. 22. Rectification of Simulated Births.- A person who has, prior to the effectivity of
Associate Justice this Act, simulated the birth of a child shall not be punished for such act: Provided, That the
simulation of birth was made for the best interest of the child and that he/she has been
WE CONCUR: consistently considered and treated by that person as his/her own son/daughter: Provided,
further, That the application for correction of the birth registration and petition for
23
adoption shall be filed within five (5) years from the effectivity of this Act and completed 21 Article 195, Family Code.
thereafter: Provided, finally, That such person complies with the procedure as specified in
Article IV of this Act and other requirements as determined by the Department. 22 Section 18, Article V, RA 8552.

6 An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children 23 Bobanovic v. Montes, 226 Phil. 404 (1986).
and For Other Purposes, otherwise known as the "Domestic Adoption Act of 1998."
Approved on 25 February 1998. 24 336 Phil. 944, 948-949 (1997).

7 Records (SPL. PROC. Case No. 1258), pp. 147-148. The Lawphil Project - Arellano Law Foundation

8 Id. at 147.

9 Id. at 149.

10 Id. at 145.

11 Records (SPL. PROC. Case No. 1259), p. 8.

12 Republic v. Toledano, G.R. No. 94147, 8 June 1994, 233 SCRA 9.

13 Article 209, Family Code.

14 Article 210, Family Code.

15 Article 212, Family Code.

16 Republic Act No. 6809, An Act Lowering the Age of Majority from Twenty-One to
Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine,
and For Other Purposes.

17 Article 236, Family Code, as amended by Republic Act No. 6809.

18 Section 33, Article VI, Rules and Regulations to Implement the Domestic Adoption Act
of 1998.

19 Article 174, Family Code.

20 Section 34, Article VI, Rules and Regulations to Implement the Domestic Adoption Act
of 1998.

24

EN BANC
G.R. No. L-22523 September 29, 1967
IN THE MATTER OF THE ADOPTION OF THE MINOR, EDWIN VILLA Y MENDOZA. LUIS E.
SANTOS, JR. and EDIPOLA V. SANTOS, petitioners-appellants,
vs.
REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
A. E. Dacanay for petitioners-appellants.
Office of the Solicitor General for oppositor-appellee.
ANGELES, J.:
An appeal from the decision of the Juvenile and Domestic Relations Court, in Special
Proceeding No. 0001, dismissing the petition instituted by the spouses Luis R. Santos, Jr.
and Edipola V. Santos for the adoption of the minor Edwin Villa y Mendoza.
The issue before Us is, whether or not an elder sister may adopt a younger brother.
The trial court dismissed the petition reasoning thus:
A critical consideration in this case is the fact that the parents of the minor to be adopted
are also the parents of the petitioner-wife. The minor, therefore, is the latter's legitimate
brother.
In this proceeding, the adoption will result in an incongruous situation where the minor
Edwin Villa, a legitimate brother of the petitioner-wife, will also be her son. In the opinion
of the court, that incongruity not neutralized by other circumstances absent herein, should
prevent the adoption.
The petitioners moved to reconsider the decision but the same was denied. Hence, this
appeal.
The facts are not disputed.
The above-named spouses filed the petition before the court a quo on January 8, 1963,
praying that the minor Edwin Villa y Mendoza, 4 years old, be declared their (petitioner's)
son by adoption. Evidence was presented that the order setting the case for hearing has
been duly published, Exhibit A. There having been no opposition registered to the petition,
the petitioners were permitted to adduce their evidence.
It was established that the petitioners are both 32 years of age, Filipinos, residing in the
City of Manila. They were married in 1957 and have maintained a conjugal home of their
own. They do not have a child of their own blood. Neither spouse has any legitimate,
legitimated, illegitimate, acknowledged natural child, or natural child by legal fiction, nor
has any one of them been convicted of a crime involving moral turpitude. Edwin Villa y
Mendoza, 4 years old, is a child of Francisco Villa and Florencia Mendoza who are the
common parents of the petitioner-wife Edipola Villa Santos and the minor. Luis E. Santos,
Jr., is a lawyer, with business interests in a textile development enterprise and the IBA
electric plant, and is the general manager of Medry Inc. and the secretary-treasurer of
Bearen Enterprises. His income is approximately P600.00 a month. His co-petitioner-wife, is
a nurse by profession, with an average monthly earning of about P300.00.
It was also shown that Edwin Villa y Mendoza was born on May 22, 1958, Exhibit C. He
was a sickly child since birth. Due to the child's impairing health his parents entrusted him
to the petitioners who reared and brought him up for the years thereafter, and as a result,
there developed between the petitioners and the child, a deep and profound love for each
other. The natural parents of the minor testified that they have voluntarily given their
consent to the adoption of their son by the petitioners, and submitted their written consent
and conformity to the adoption, and that they fully understand the legal consequences of
the adoption of their child by the petitioners.
We are not aware of any provision in the law, and none has been pointed to Us by the
Office of the Solicitor General who argues for the State in this case, that relatives, by blood
or by affinity, are prohibited from adopting one another. The only objection raised is the
alleged "incongruity" that will result in the relation of the petitioner-wife and the adopted,
in the circumstance that the adopted who is the legitimate brother of the adopter, will also
be her son by adoption. The theory is, therefore, advanced that adoption among people
who are related by nature should not be allowed, in order that dual relationship should not
result, reliance being made upon the views expressed by this Court in McGee vs. Republic.
L-5387, April 29, 1954, 94 Phil. 820.1awphîl.nèt
In that case, an American citizen, Clyde E. McGee married to a Filipina by whom he had
one child, instituted a proceeding for the adoption of two minor children of the wife had by
her first husband. The lower court granted the petition of McGee to adopt his two minor
step-children. On appeal by the State. We reversed the decision. We said:
25
 The purpose of adoption is to establish a relationship of paternity and filiation where
none existed before. Where therefore the relationship of parent and child already exists
whether by blood or by affinity as in the case of illegitimate and step-children, it would be
unnecessary and superfluous to establish and super impose another relationship of parent
and child through adoption. Consequently, an express authorization of law like article 338 is
necessary, if not to render it proper and legal, at least, to remove any and all doubt on the
subject matter. Under this view, article 338 may not be regarded as a surplusage. That may
have been the reason why in the old Code of Civil Procedure, particularly its provisions
regarding adoption, authority to adopt a step-child by a step-father was provided in section
766 notwithstanding the general authorization in section 765 extended to any inhabitant of
the Philippines to adopt a minor child. The same argument of surplusage could plausibly
have been advanced as regards section 766, that is to say, section 766 was unnecessary and
superfluous because without it a step-father could adopt a minor step-child anyway.
However, the inserting of section 766 was not entirely without reason. It seems to be an
established principle in American jurisprudence that a person may not adopt his own
relative, the reason being that it is unnecessary to establish a relationship where such
already exists (the same philosophy underlying our codal provisions on adoption). So some
states have special laws authorizing the adoption of relatives such as a grandfather
adopting a grandchild and a father adopting his illegitimate or natural-child.
Notwithstanding the views thus expressed, a study of American precedents would reveal
that there is a variance in the decisions of the courts in different jurisdictions regarding, the
matter of adoption of relatives. It cannot be stated as a general proposition that the
adoption of a blood relative is contrary to the policy of the law, for in many states of the
Union, no restriction of that sort is contained in the statutes authorizing adoption, although
laws of other jurisdiction expressly provide that adoption may not take place within
persons within a certain degree of relationship (1 Am. Jur. 628-629). Courts in some states
hold that in the absence of express statutory restriction, a blood relationship between the
parties is not a legal impediment to the adoption of one by the other, and there may be a
valid adoption where the relation of parent and child already exists by nature (2 Am. Jur. 2d
869). Principles vary according to the particular adoption statute of a state under which any
given case is considered. It would seem that in those states originally influenced by the civil
law countries where adoption originated, the rules are liberally construed, while in other
states where common law principles predominate, adoption laws are more strictly applied
because they are regarded to be in derogation of the common law.
Article 335 of the Civil Code enumerates those persons who may not adopt, and it has
been shown that petitioners-appellants herein are not among those prohibited from
adopting. Article 339 of the same code names those who cannot be adopted, and the minor
child whose adoption is under consideration, is not one of those excluded by the law.
Article 338, on the other hand, allows the adoption of a natural child by the natural father
or mother, of other illegitimate children by their father or mother, and of a step-child by
the step-father or stepmother. This last article is, of course, necessary to remove all doubts
that adoption is not prohibited even in these cases where there already exist a relationship
of parent and child between them by nature. To say that adoption should not be allowed
when the adopter and the adopted are related to each other, except in these cases
enumerated in Article 338, is to preclude adoption among relatives no matter how far
removed or in whatever degree that relationship might be, which in our opinion is not the
policy of the law. The interest and welfare of the child to be adopted should be of
paramount consideration. Adoption statutes, being humane and salutary, and designed to
provide homes, care and education for unfortunate children, should be construed so as to
encourage the adoption of such children by person who can properly rear and educate
them (In re Havsgord's Estate, 34 S.D. 131, 147 N.W. 378).
With respect to the objection that the adoption in this particular case will result in a dual
relationship between the parties, that the adopted brother will also be the son of the
adopting elder sister, that fact alone should not prevent the adoption. One is by nature,
while the other is by fiction of law. The relationship established by the adoption is limited
to the adopting parents and does not extend to their other relatives, except as expressly
provided by law. Thus, the adopted child cannot be considered as a relative of the
ascendants and collaterals of the adopting parents, nor of the legitimate children which
they may have after the adoption except that the law imposes certain impediments to
marriage by reason of adoption. Neither are the children of the adopted considered as
descendants of the adopter (Tolentino, Civil Code, Vol. I, 1960 Ed., p. 652, citing 1 Oyuelos
284; Perez, Gonzales and Castan; 4-11 Enneccerus, Kipp & Wolff 177; Muñoz P. 104). So
even considered in relation to the rules on succession which are in pari materia, the
adoption under consideration would not be objectionable on the ground alone of the
resulting relationship between the adopter and the adopted. Similar dual relationships also
result under our law on marriage when persons who are already related, by blood or by
affinity, marry each other. But as long as the relationship is not within the degrees
prohibited by law, such marriages are allowed notwithstanding the resulting dual
relationship. And as We do not find any provision in the law that expressly prohibits
adoption among relatives, they ought not to be prevented.
For all the foregoing considerations, the decision appealed from is set aside, and the
petition for the adoption of the subject minor, granted. No pronouncement as to costs.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Sanchez, Castro
and Fernando, JJ., concur.
26

THIRD DIVISION
G.R. No. 148311. March 31, 2005
IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA
HONORATO B. CATINDIG, petitioner.
DECISION
SANDOVAL-GUTIERREZ, J.:
May an illegitimate child, upon adoption by her natural father, use the surname of her
natural mother as her middle name? This is the issue raised in the instant case.
The facts are undisputed.
On August 31, 2000, Honorato B. Catindig, herein petitioner, filed a petition1 to adopt his
minor illegitimate child Stephanie Nathy Astorga Garcia. He alleged therein, among others,
that Stephanie was born on June 26, 1994;2 that her mother is Gemma Astorga Garcia; that
Stephanie has been using her mother’s middle name and surname; and that he is now a
widower and qualified to be her adopting parent. He prayed that Stephanie’s middle name
Astorga be changed to "Garcia," her mother’s surname, and that her surname "Garcia" be
changed to "Catindig," his surname.
On March 23, 2001,3 the trial court rendered the assailed Decision granting the adoption,
thus:
"After a careful consideration of the evidence presented by the petitioner, and in the
absence of any opposition to the petition, this Court finds that the petitioner possesses all
the qualifications and none of the disqualification provided for by law as an adoptive
parent, and that as such he is qualified to maintain, care for and educate the child to be
adopted; that the grant of this petition would redound to the best interest and welfare of
the minor Stephanie Nathy Astorga Garcia. The Court further holds that the petitioner’s
care and custody of the child since her birth up to the present constitute more than enough
compliance with the requirement of Article 35 of Presidential Decree No. 603.
WHEREFORE, finding the petition to be meritorious, the same is GRANTED. Henceforth,
Stephanie Nathy Astorga Garcia is hereby freed from all obligations of obedience and
maintenance with respect to her natural mother, and for civil purposes, shall henceforth be
the petitioner’s legitimate child and legal heir. Pursuant to Article 189 of the Family Code of
the Philippines, the minor shall be known as STEPHANIE NATHY CATINDIG.
Upon finality of this Decision, let the same be entered in the Local Civil Registrar
concerned pursuant to Rule 99 of the Rules of Court.
Let copy of this Decision be furnished the National Statistics Office for record purposes.
SO ORDERED."4
On April 20, 2001, petitioner filed a motion for clarification and/or reconsideration5
praying that Stephanie should be allowed to use the surname of her natural mother
(GARCIA) as her middle name.
On May 28, 2001,6 the trial court denied petitioner’s motion for reconsideration holding
that there is no law or jurisprudence allowing an adopted child to use the surname of his
biological mother as his middle name.
Hence, the present petition raising the issue of whether an illegitimate child may use the
surname of her mother as her middle name when she is subsequently adopted by her
natural father.
Petitioner submits that the trial court erred in depriving Stephanie of a middle name as a
consequence of adoption because: (1) there is no law prohibiting an adopted child from
having a middle name in case there is only one adopting parent; (2) it is customary for
every Filipino to have as middle name the surname of the mother; (3) the middle name or
initial is a part of the name of a person; (4) adoption is for the benefit and best interest of
the adopted child, hence, her right to bear a proper name should not be violated; (5)
permitting Stephanie to use the middle name "Garcia" (her mother’s surname) avoids the
stigma of her illegitimacy; and; (6) her continued use of "Garcia" as her middle name is not
opposed by either the Catindig or Garcia families.
The Republic, through the Office of the Solicitor General (OSG), agrees with petitioner
that Stephanie should be permitted to use, as her middle name, the surname of her natural
mother for the following reasons:
First, it is necessary to preserve and maintain Stephanie’s filiation with her natural
mother because under Article 189 of the Family Code, she remains to be an intestate heir
27
of the latter. Thus, to prevent any confusion and needless hardship in the future, her
relationship or proof of that relationship with her natural mother should be maintained.
Second, there is no law expressly prohibiting Stephanie to use the surname of her natural
mother as her middle name. What the law does not prohibit, it allows.
Last, it is customary for every Filipino to have a middle name, which is ordinarily the
surname of the mother. This custom has been recognized by the Civil Code and Family
Code. In fact, the Family Law Committees agreed that "the initial or surname of the mother
should immediately precede the surname of the father so that the second name, if any, will
be before the surname of the mother."7
We find merit in the petition.
Use Of Surname Is Fixed By Law –
For all practical and legal purposes, a man's name is the designation by which he is
known and called in the community in which he lives and is best known. It is defined as the
word or combination of words by which a person is distinguished from other individuals
and, also, as the label or appellation which he bears for the convenience of the world at
large addressing him, or in speaking of or dealing with him.8 It is both of personal as well as
public interest that every person must have a name.
The name of an individual has two parts: (1) the given or proper name and (2) the
surname or family name. The given or proper name is that which is given to the individual
at birth or at baptism, to distinguish him from other individuals. The surname or family
name is that which identifies the family to which he belongs and is continued from parent
to child. The given name may be freely selected by the parents for the child, but the
surname to which the child is entitled is fixed by law.9
Thus, Articles 364 to 380 of the Civil Code provides the substantive rules which regulate
the use of surname10 of an individual whatever may be his status in life, i.e., whether he
may be legitimate or illegitimate, an adopted child, a married woman or a previously
married woman, or a widow, thus:
"Art. 364. Legitimate and legitimated children shall principally use the surname of the
father.
Art. 365. An adopted child shall bear the surname of the adopter.
xxx
Art. 369. Children conceived before the decree annulling a voidable marriage shall
principally use the surname of the father.
Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her husband's surname, or
(2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as
‘Mrs.’
Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall
resume her maiden name and surname. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may choose to continue employing her former
husband's surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.
Art. 372. When legal separation has been granted, the wife shall continue using her name
and surname employed before the legal separation.
Art. 373. A widow may use the deceased husband's surname as though he were still
living, in accordance with Article 370.
Art. 374. In case of identity of names and surnames, the younger person shall be obliged
to use such additional name or surname as will avoid confusion.
Art. 375. In case of identity of names and surnames between ascendants and
descendants, the word ‘Junior’ can be used only by a son. Grandsons and other direct male
descendants shall either:
(1) Add a middle name or the mother's surname,
(2) Add the Roman numerals II, III, and so on.
28
 x x x"
Law Is Silent As To The Use Of
Middle Name –
As correctly submitted by both parties, there is no law regulating the use of a middle
name. Even Article 17611 of the Family Code, as amended by Republic Act No. 9255,
otherwise known as "An Act Allowing Illegitimate Children To Use The Surname Of Their
Father," is silent as to what middle name a child may use.
The middle name or the mother’s surname is only considered in Article 375(1), quoted
above, in case there is identity of names and surnames between ascendants and
descendants, in which case, the middle name or the mother’s surname shall be added.
Notably, the law is likewise silent as to what middle name an adoptee may use. Article
365 of the Civil Code merely provides that "an adopted child shall bear the surname of the
adopter." Also, Article 189 of the Family Code, enumerating the legal effects of adoption, is
likewise silent on the matter, thus:
"(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from the
relationship of parent and child, including the right of the adopted to use the surname of
the adopters;
x x x"
However, as correctly pointed out by the OSG, the members of the Civil Code and Family
Law Committees that drafted the Family Code recognized the Filipino custom of adding the
surname of the child’s mother as his middle name. In the Minutes of the Joint Meeting of
the Civil Code and Family Law Committees, the members approved the suggestion that the
initial or surname of the mother should immediately precede the surname of the father,
thus
"Justice Caguioa commented that there is a difference between the use by the wife of the
surname and that of the child because the father’s surname indicates the family to which
he belongs, for which reason he would insist on the use of the father’s surname by the child
but that, if he wants to, the child may also use the surname of the mother.
Justice Puno posed the question: If the child chooses to use the surname of the mother,
how will his name be written? Justice Caguioa replied that it is up to him but that his point
is that it should be mandatory that the child uses the surname of the father and permissive
in the case of the surname of the mother.
Prof. Baviera remarked that Justice Caguioa’s point is covered by the present Article 364,
which reads:
Legitimate and legitimated children shall principally use the surname of the father.
Justice Puno pointed out that many names change through no choice of the person
himself precisely because of this misunderstanding. He then cited the following example:
Alfonso Ponce Enrile’s correct surname is Ponce since the mother’s surname is Enrile but
everybody calls him Atty. Enrile. Justice Jose Gutierrez David’s family name is Gutierrez and
his mother’s surname is David but they all call him Justice David.
Justice Caguioa suggested that the proposed Article (12) be modified to the effect that it
shall be mandatory on the child to use the surname of the father but he may use the
surname of the mother by way of an initial or a middle name. Prof. Balane stated that they
take note of this for inclusion in the Chapter on Use of Surnames since in the proposed
Article (10) they are just enumerating the rights of legitimate children so that the details
can be covered in the appropriate chapter.
xxx
Justice Puno remarked that there is logic in the simplification suggested by Justice
Caguioa that the surname of the father should always be last because there are so many
traditions like the American tradition where they like to use their second given name and
the Latin tradition, which is also followed by the Chinese wherein they even include the
Clan name.
xxx
Justice Puno suggested that they agree in principle that in the Chapter on the Use of
Surnames, they should say that initial or surname of the mother should immediately
precede the surname of the father so that the second name, if any, will be before the
surname of the mother. Prof. Balane added that this is really the Filipino way. The
Committee approved the suggestion."12 (Emphasis supplied)
29
 In the case of an adopted child, the law provides that "the adopted shall bear the
surname of the adopters."13 Again, it is silent whether he can use a middle name. What it
only expressly allows, as a matter of right and obligation, is for the adoptee to bear the
surname of the adopter, upon issuance of the decree of adoption.14
The Underlying Intent of
Adoption Is In Favor of the
Adopted Child –
Adoption is defined as the process of making a child, whether related or not to the
adopter, possess in general, the rights accorded to a legitimate child.15 It 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.16 The modern trend is to consider adoption
not merely as an act to establish a relationship of paternity and filiation, but also as an act
which endows the child with a legitimate status.17 This was, indeed, confirmed in 1989,
when the Philippines, as a State Party to the Convention of the Rights of the Child initiated
by the United Nations, accepted the principle that adoption is impressed with social and
moral responsibility, and that its underlying intent is geared to favor the adopted child.18
Republic Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998,"19
secures these rights and privileges for the adopted.20
One of the effects of adoption is that the adopted is deemed to be a legitimate child of
the adopter for all intents and purposes pursuant to Article 18921 of the Family Code and
Section 1722 Article V of RA 8552.23
Being a legitimate child by virtue of her adoption, it follows that Stephanie is entitled to
all the rights provided by law to a legitimate child without discrimination of any kind,
including the right to bear the surname of her father and her mother, as discussed above.
This is consistent with the intention of the members of the Civil Code and Family Law
Committees as earlier discussed. In fact, it is a Filipino custom that the initial or surname of
the mother should immediately precede the surname of the father.
Additionally, as aptly stated by both parties, Stephanie’s continued use of her mother’s
surname (Garcia) as her middle name will maintain her maternal lineage. It is to be noted
that Article 189(3) of the Family Code and Section 1824, Article V of RA 8552 (law on
adoption) provide that the adoptee remains an intestate heir of his/her biological parent.
Hence, Stephanie can well assert or claim her hereditary rights from her natural mother in
the future.
Moreover, records show that Stephanie and her mother are living together in the house
built by petitioner for them at 390 Tumana, San Jose, Baliuag, Bulacan. Petitioner provides
for all their needs. Stephanie is closely attached to both her mother and father. She calls
them "Mama" and "Papa". Indeed, they are one normal happy family. Hence, to allow
Stephanie to use her mother’s surname as her middle name will not only sustain her
continued loving relationship with her mother but will also eliminate the stigma of her
illegitimacy.
Liberal Construction of
Adoption Statutes In Favor Of
Adoption –
It is a settled rule that adoption statutes, being humane and salutary, should be liberally
construed to carry out the beneficent purposes of adoption.25 The interests and welfare of
the adopted child are of primary and paramount consideration,26 hence, every reasonable
intendment should be sustained to promote and fulfill these noble and compassionate
objectives of the law.27
Lastly, Art. 10 of the New Civil Code provides that:
"In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail."
This provision, according to the Code Commission, "is necessary so that it may tip the
scales in favor of right and justice when the law is doubtful or obscure. It will strengthen the
determination of the courts to avoid an injustice which may apparently be authorized by
some way of interpreting the law."28
Hence, since there is no law prohibiting an illegitimate child adopted by her natural
father, like Stephanie, to use, as middle name her mother’s surname, we find no reason
why she should not be allowed to do so.
WHEREFORE, the petition is GRANTED. The assailed Decision is partly MODIFIED in the
sense that Stephanie should be allowed to use her mother’s surname "GARCIA" as her
middle name.
30
 Let the corresponding entry of her correct and complete name be entered in the decree
of adoption.
SO ORDERED.
Panganiban, (Chairman), Corona, Carpio-Morales, and Garcia, JJ., concur.
Footnotes
1 Rollo at 34-36.
2 Annex "C", id. at 33.
3 Annex "F", id. at 41-43.
4 Rollo at 42-43.
5 Annex "G", id. at 44-48.
6 Annex "H", id. at 49.
7 Minutes of the Joint Meeting of the Civil Code and Family Law Committees, August 10,
1985, p. 8.
8 Republic vs. Court of Appeals and Maximo Wong, G.R. No. 97906, May 21, 1992, 209
SCRA 189, citing 38 Am Jur, Name 594-595.
9 Republic vs. Hon. Hernandez, et al., G.R. No. 117209, February 9, 1996, 253 SCRA 509,
citing Tolentino, A.M., Civil Code of the Philippines, Commentaries and Jurisprudence, Vol.
I, 1993 ed., 672.
10 Republic vs. Court of Appeals and Maximo Wong, supra.
11 "Art. 176. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this Code.
However, illegitimate children may use the surname of their father if their filiation has been
expressly recognized by the father through the record of birth appearing in the civil
register, or when an admission in a public document or private handwritten instrument is
made by the father. Provided, the father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate child."
12 Minutes of the Joint Meeting of the Civil Code and Family law Committees, August 10,
1985, pp. 16-18.
13 Article 365 of the New Civil Code.
14 Republic vs. Hon. Hernandez, et al., supra; Republic vs. Court of Appeals and Maximo
Wong, supra.
15 Paras, Civil Code of the Philippines Annotated, Vol. I, Fifteenth Edition, 2002, p. 685.
16 Pineda, The Family Code of the Philippines Annotated, 1989 Edition, p. 272-273, citing
4 Valverde, 473.
17 Paras, supra, citing Prasnick vs. Republic, 98 Phil. 665.
18 Lahom vs. Sibulo, G.R. No. 143989, July 14, 2003, 406 SCRA 135, citing United Nation
General Assembly/44/49 (1989).
19 "Sec. 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of
the adopter(s) for all intents and purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance and
support in keeping with the means of the family."
20 Id.
21 "Art. 189. (1) For civil purposes, the adopted shall be deemed to be a legitimate child
of the adopters and both shall acquire the reciprocal rights and obligations arising from the
relationship of parent and child, including the right of the adopted to use the surname of
the adopters;"
22 Supra.
23 Domestic Adoption Act of 1998.
24 "Sec. 18. Succession. – In legal and intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of succession without distinction from legitimate
filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern."
25 Republic of the Philippines vs. Court of Appeals, et al., G.R. No. 92326, January 24,
1992, 205 SCRA 356, citing 2 Am Jur 2d, Adoption, 865.
26 Republic of the Philippines vs. Court of Appeals, et al., id., citing 2 Am Jur 2d,
Adoption, 910.
27 Republic of the Philippines vs. Court of Appeals, et al., id., citing Bobanovic, et al. vs.
Montes, etc., et al., 142 SCRA 485 (1986).
28 Paras, supra, p. 91.
31
 Tenth Congress
Republic Act No. 8369 October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL
JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG
129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall protect the rights and promote
the welfare of children in keeping with the mandate of the Constitution and the precepts of
the United Nations Convention on the rights of the Child. The State shall provide a system
of adjudication for youthful offenders which takes into account their peculiar
circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. The courts shall preserve the solidarity of the
family, provide procedures for the reconciliation of spouses and the amicable settlement of
family controversy.
Section 3. Establishment of Family Courts. - There shall be established a Family Court in
every province and city in the country. In case where the city is the capital of the province,
the Family Court shall be established in the municipality which has the highest population.
Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa
Blg. 129, as amended, is hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless he is a natural-born citizen of the Philippines, at
least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in the
practice of law in the Philippines or has held a public office in the Philippines requiring
admission to the practice of law as indispensable requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court personnel
of the Family Courts, shall undergo training and must have the experience and
demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education program on child and family
laws, procedure and other related disciplines to judges and personnel of such courts."
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age
but not less than nine (9) years of age but not less than nine (9) years of age or where one
or more of the victims is a minor at the time of the commission of the offense: Provided,
That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to
Ptesidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and wife or those living
together under different status and agreements, and petitions for dissolution of conjugal
partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No.
209, otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected
children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under
Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related
laws;
h) Petitions for the constitution of the family home;
32
 i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by Republic
Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to result in
physical, sexual or psychological harm or suffering to women; and other forms of physical
abuse such as battering or threats and coercion which violate a woman's personhood,
integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to
criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent
(10%) of their income derived from filing and other court fees under Rule 141 of the Rules
of Court for research and other operating expenses including capital outlay: Provided, That
this benefit shall likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement
the provisions of this Sec.
Section 7. Special Provisional Remedies. - In cases of violence among immediate family
members living in the same domicile or household, the Family Court may issue a restraining
order against the accused of defendant upon verified application by the complainant or the
victim for relief from abuse.
The court may order the temporary custody of children in all civil actions for their
custody. The court may also order support pendente lite, including deduction from the
salary and use of conjugal home and other properties in all civil actions for support.
Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall
have direct control and supervision of the youth detention home which the local
government unit shall establish to separate the youth offenders from adult criminals:
Provided, however, That alternatives to detention and institutional care shall be made
available to the accused including counseling, recognizance, bail, community continuum, or
diversions from the justice system: Provided, further, That the human rights of the accused
are fully respected in a manner appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe
Department of Social Welfare and Development (DSWD), a Social Services and Counseling
Division (SSCD) shall be established in each judicial region as the Supreme Court shall deem
necessary based on the number of juvenile and family cases existing in such jurisdiction. It
shall provide appropriate social services to all juvenile and family cases filed with the court
and recommend the proper social action. It shall also develop programs, formulate uniform
policies and procedures, and provide technical supervision and monitoring of all SSCD in
coordination with the judge.
Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff
composed of qualified social workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting intake assessment, social case
studies, casework and counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided, however, That in adoption cases and
in petitions for declaration of abandonment, the case studies may be prepared by social
workers of duly licensed child caring or child placement agencies, or the DSWD. When
warranted, the division shall recommend that the court avail itself of consultative services
of psychiatrists, psychologists, and other qualified specialists presently employed in other
departments of the government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas
where no Family Court has been established or no Regional Trial Court was designated by
the Supreme Court due to the limited number of cases, the DSWD shall designate and
assign qualified, trained, and DSWD accredited social workers of the local government units
to handle juvenile and family cases filed in the designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of
the child and family cases shall be treated in a manner consistent with the promotion of the
33
child's and the family's dignity and worth, and shall respect their privacy at all stages of the
proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or
of parties shall not be divulged unless necessary and with authority of the judge. regulations inconsistent herewith are hereby repealed, amended or modified accordingly.

Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
rules of procedure for the transfer of cases to the new courts during the transition period at least two (2) national newspapers of general circulation.
and for the disposition of family cases with the best interests of the child and the
protection of the family as primary consideration taking into account the United Nations Approved October 28, 1997.
Convention on the Rights of the Child.
The Lawphil Project - Arellano Law Foundation
Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same
manner and subject to the same conditions as appeals from the ordinary Regional Trial
Courts.

Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following in its enactment
into law and thereafter.

Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination
with the DSWD, shall formulate the necessary rules and regulations for the effective
implementation of the social aspects of this Act.

Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches ofthe Regional Trial Court at least
one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San
Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro,
Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in
such other places as the Supreme Court may deem necessary.

Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts
when their dockets permit: Provided, That such additional cases shall not be heard on the
same day family cases are heard.

In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall
be adjudicated by the Regional Trial Court.

Section 18. Separability Clause. - In case any provision of this Act is declared
unconstitutional, the other provisions shall remain in effect.
34