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  • Notes On Adoption A. Concept and Nature Purpose in Re Garcia Adoption - Process of Making A Child, Whether Related or Not To The Adopter

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    Anne Janelle Guan
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    The document outlines key concepts and requirements regarding adoption under Philippine law. It discusses (1) the nature and purpose of adoption, including creating a legal parent-child relationship; (2) who may adopt, such as Filipino citizens, aliens living in the Philippines, and guardians; (3) who may be adopted, including children voluntarily committed to state care; (4) where to file adoption petitions; and (5) required contents of adoption petitions and annexes like birth certificates and consent affidavits. Grounds for rescinding an adoption include physical or sexual abuse by the adopter.

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    The document outlines key concepts and requirements regarding adoption under Philippine law. It discusses (1) the nature and purpose of adoption, including creating a legal parent-child relationship; (2) who may adopt, such as Filipino citizens, aliens living in the Philippines, and guardians; (3) who may be adopted, including children voluntarily committed to state care; (4) where to file adoption petitions; and (5) required contents of adoption petitions and annexes like birth certificates and consent affidavits. Grounds for rescinding an adoption include physical or sexual abuse by the adopter.

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    © All Rights Reserved
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    144 views5 pages

    Notes On Adoption A. Concept and Nature Purpose in Re Garcia Adoption - Process of Making A Child, Whether Related or Not To The Adopter

    Uploaded by

    Anne Janelle Guan
    The document outlines key concepts and requirements regarding adoption under Philippine law. It discusses (1) the nature and purpose of adoption, including creating a legal parent-child relationship; (2) who may adopt, such as Filipino citizens, aliens living in the Philippines, and guardians; (3) who may be adopted, including children voluntarily committed to state care; (4) where to file adoption petitions; and (5) required contents of adoption petitions and annexes like birth certificates and consent affidavits. Grounds for rescinding an adoption include physical or sexual abuse by the adopter.

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    of 5

    NOTES ON ADOPTION

    A. CONCEPT AND NATURE; PURPOSE

    IN RE GARCIA

    Adoption - process of making a child, whether related or not to the adopter

    - Juridical act and a proceeding in rem, which creates a relation between a


    person similar to that paternity and filiation relationship
    - It is impressed with social and moral responsibility, and that its underlying
    intent is geared to favor the adopted child

    REPUBLIC VS ELEPANO

    - It involves the status of the person, since it is a proceeding in rem


    - In such case, jurisdiction over the person over the person of the defendant
    is non-essential condition for the taking of the deposition for the jurisdiction
    of the court its based on its power over the res

    DAONGA VS MUNICIPAL JUDGE OF SAN NICOLAS, ILOCOS NORTE

    Purpose of adoption

    - For the benefit of the adopter.


    - It was intended to afford persons who have no child of their own the
    consolation of having one through legal fiction the relation of paternity and
    filiation even in the absence of blood relationship
    - Promotion of the welfare of the child, and enhancement of his opportunity
    for useful and happy life.
    -
    B. CONSTRUCTION OF THE RULES ON ADOPTION
    C. WHO MAY ADOPT
    Section 4, AM NO 02-6-02-SC

    1. Any Filipino Citizen


    2. Any Alien
    3. Any Guardian

    1. Any Filipino Citizen (LPG CO16NE)


    a. Of legal age
    b. In position to support
    c. Having a good moral character
    d. Has possession of full civil capacity and rights
    e. At least 16 years older than the adoptee
    Except. When the adopter is the adoptee’s parent or is the spouse of the adoptee’s
    parent

    f. Has not been convicted of any crime involving moral turpitude


    g. Emotionally and psychologically capable of caring for children
    2. Any Alien (SDELL)
    a. Same qualification as Filipino citizen
    b. Country has diplomatic relations with the PH
    c. Certified by said office that his or her government allows the adoptee to enter his
    country as his adopted child
    d. Has been living in the PH for at least 3 continuous years prior to the applicationfor
    adoption and maintains such residence until the adoption decree is entered.
    e. Certified to have legal capacity to adopt by his/her diplomatic consular office

    3. Any Guardian
    a. After termination of guardianship, with respect to the ward
    b. Clearance of his/her financial accountabilities

    CASTRO VS GREGORIO

    The law further requires that husband and wife jointly adopt, except in the following
    cases:

    1. One spouse seeks to adopt the legitimate child of one spouse by other spouse; or
    2. One spouse seeks to adopt his own illegitimate child: Provided however, that the
    other spouse has signified his consent thereto; or
    3. The spouses are legally separated from each other

    The provision on joint adoption by spouses is mandatory. As a general rule, the husband
    and wife must file a joint petition for adoption. 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 ensures harmony between the spouses.

    IN RE LIM

    D. WHO MAY BE ADOPTED

    1. A child whose biological or adoptive parent have died, but no proceedings shall be initiated
    within 6 months from the time of death of said parents;
    2. Any person below 18 years of age who has been voluntarily committed to the DSWD under
    Article 154, 155, and 156 of PD 603 or judicially declared available for adoption;
    3. A child whose adoption has been previously rescinded
    4. An illegitimate child, by a qualified adopter to raise the status of the former to that of
    legitimacy;
    5. The legitimate child of one spuse, by the other spouse; and
    6. 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;
    7. A child not otherwise disqualified by law.

    Section 9

    E. WHERE TO FILE

    Section 6

    The petition for adoption shall be filed with the family court of the province or city where the
    prospective adoptive parents reside.

    F. JURISDICTIONAL FACTS AND CONTENTS OF THE PETITION

    The petition shall be verified and specifically state the heading of the initiatory pleading whether
    the petition contain the application for change of name, rectification of simulated birth, voluntary or
    involuntary commitment of children, or declaration of child as abandoned, neglected, or dependent.

    All petition shall have alleged jurisdictional facts:

    1. The first name, surname, or names, age, and residence of the adoptee as shown by his
    record of birth, baotismal, or foundling certificate and school records
    2. The adoptee is not disqualified by law to be adopted
    3. The probable value and character of the estate of the adoptee
    4. The first name, surname, or names by which the adoptee is to be known and registered in
    the civil registry

    Contents of the Petition depending on the circumstances

    1. If the adopter is a Filipino Citizen


    a. Shall alleged jurisdictional facts
    b. The petitioner is an LPG Cone
    2. If the adopter is an Alien
    a. Shall alleged JF
    b. The petition is SDELL
    3. If the adopter if the legal guardian of the adoptee
    4. If the adopter is a foundling
    Shall alleged the entries which would appear in his birth certificate, such as name of child, date
    of birth, place of birth, if known, sex, name, citizen of the adoptive mother and father, and date
    and place of their marriage

    Section 10, supra


    Section 11. Annexes to the Petition

    1. Birth, Baptismal, and Foundling certificates


    2. Affidavit of consent of the following:
    a. The adoptee, is 10 years of age or over
    b. The biological parents of the child
    c. Spouse, if any of the adopter or adoptee

    CASTRO VS GREGORIO

    It is settled that the jurisdiction of court is determined by the statute in force at the time of the
    commencement of the action. The law on adoption required that the adoption by the father of a child
    born out of wedlock obtain not only consent of his wife but also consent of his legitimate children

    G. ORDER OF PROCEEDINGS
    See Memory Aid
    H. RESCISSION OF ADOPTION
    Who may file
    1. Shall be filed Adoptee
    a. Who is over 18 years of age
    b. If Minor, provided with assistance of DSWD
    2. Guardian or counsel, if over 18 years of age but incapacitated

    Grounds for Rescission (PASA)

    1. Repeated physical violence and verbal maltreatment by the adopter despite having
    undergone counselling
    2. Attempt on the life of the adoptee
    3. Sexual assault or violence
    4. Abandonment or failure to comply with the parental obligation

    Section 20. Venue

    The petition shall be filed with the family court of the province where the adoptee resides

    Section 21.

    If incapacitated, he must file his petition within 5 years after he reach the age of majority

    If incompetent, must file the petition within 5 years after recovery from such incompetency

    Order to Answer/ Judgment

    Section 22. The court shall issue an order requiring the adverse party to answer the petition
    within 15 days from receipt of the copy thereof. The order and copy thereof shll be serve on the
    adverse party in such manner as the court may direct

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