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  • SpecPro Part 2

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    Gillian Briones
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    This document outlines various court cases related to adoption, guardianship, and trusteeship. It discusses key concepts in adoption such as the nature and purpose of adoption, as well as effects of adoption. It also covers related topics such as simulation of childbirth versus adoption, joint adoption, consent requirements, and rescission of adoption. For guardianship, the document lists court cases covering qualifications of guardians and jurisdictional requirements. It concludes by noting amendments to rules on guardianship of minors and adoption, as well as key laws on domestic and inter-country adoption.

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    Special Procedure

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    This document outlines various court cases related to adoption, guardianship, and trusteeship. It discusses key concepts in adoption such as the nature and purpose of adoption, as well as effects of adoption. It also covers related topics such as simulation of childbirth versus adoption, joint adoption, consent requirements, and rescission of adoption. For guardianship, the document lists court cases covering qualifications of guardians and jurisdictional requirements. It concludes by noting amendments to rules on guardianship of minors and adoption, as well as key laws on domestic and inter-country adoption.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    31 views2 pages

    SpecPro Part 2

    Uploaded by

    Gillian Briones
    This document outlines various court cases related to adoption, guardianship, and trusteeship. It discusses key concepts in adoption such as the nature and purpose of adoption, as well as effects of adoption. It also covers related topics such as simulation of childbirth versus adoption, joint adoption, consent requirements, and rescission of adoption. For guardianship, the document lists court cases covering qualifications of guardians and jurisdictional requirements. It concludes by noting amendments to rules on guardianship of minors and adoption, as well as key laws on domestic and inter-country adoption.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    PART I - CASES DIGEST.

    A - CONCEPT OF ADOPTION.

    1. Stephanie Nathy Astorga Garcia - GR No. L- 148311, March 31, 2005;

    2. Teotico vs. Del Val, GR No. L- 18753, March 26, 1965;

    3. Republic vs. CA, GR No. 97906, May 21, 1992;

    B - NATURE OF ADOPTION.

    4. Republic vs. Elepano, GR No. L- 92542, October 15, 1991;


    5. Ellis vs. Republic. GR No. L- 16922, April 30, 1963.

    C - PURPOSE OF ADOPTION.

    7. Daoang vs. Mun. Judge of San Nicolas, Ilocos Norte, GR NO. L- 34568, March 28, 1988;
    8. Republic vs. Vergara, GR No. L- 95551, March 20, 1977;
    9. Cang vs. CA, GR No. L- 105308, September 25, 1998;

    D - SIMULATION OF CHILD BIRTH VS. ADOPTION.

    10. Badua vs. CA, GR No. L- 105625, January 24, 1994;

    E - JOINT ADOPTION; MANDATORY; EXCEPTION.

    11. Castro vs. Gregorio, GR No. 188801, October 15, 2014


    12. Castro vs. Garcia ( Supra ).

    F - CONSENT AND NOTICE TO BIOLOGICAL PARENTS.

    13. Landiguin vs. Republic, GR No. L- 164948, June 27, 2006.

    G - EFFECTS OF ADOPTION.

    14. Stephanie case ( Supra );


    15. Michelle P. Lim, GR Nos. L- 168992-93, May 21, 2009.

    H - PETITION FOR ADOPTION WITH PRAYER FOR CHANGE OF NAME.

    15. Republic vs. Hernandez, GR No. L- 117209, Feb. 9, 1996.

    I - DECREE OF ADOPTION.

    16. Reyes vs. Sotero, GR No. L- 167405, Feb. 16, 2006.

    J - RELATIONSHIP BET. ADOPTED AND ADOPTEE.

    17. Teotico vs. Del Val ( Supra );


    18. Republic vs. Valencia, GR No. L- 32181, March 5, 1986.

    K - RESCISSION OF ADOPTION.

    19. Lahom vs. Sibulo, GR No. L- 143939, July 14, 2003.

    L - GUARDIANSHIP.
    20. Oropesa vs. Oropesa, GR No. L- 184528, April 25, 2012;
    21. Francisco vs. CA, GR No. L- 57438, January 3, 1984;
    22. Rivero vs. CA, GR No. L- 141273, May 17, 2005;
    23. Nery vs. Lorenzo, GR No. 23096, April 27, 1972 ( Notice to minor is jurisdictional )
    24. Guerrero vs. Tejan, GR No. L- 4898, March 19, 1909 ( Bond of guardians );
    25. Delfin Narion vs. Phil Am Life, GR No. L- 22796, June 26, 1967 ( guardianship bond by parents );
    26. Francisco vs. CA ( Supra ); qualifications of guardians;
    27. Vancil vs. Belmes, GR No. L- 132223, June 19, 2001 ( guardian to be appointed should be within
    the court's jurisdiction ); Guerrero vs. Tejan ( Supra ).

    M - TRUSTESS.

    28. Araneta vs. Perez, GR Nos. L- 16185-86, May 31, 1962 ( distinction bet. executor and
    administrator;
    29. Salinas vs. Tuazon, GR No. L- 33626, March 2, 1931 ( acquisition of trust by prescription).

    PART II

    1. STUDY AM NO. 03-02-05-SC ( Rule on Guardianship of Minors ).

    Note: Rules 92 to 97 of the Rules of Court are deemed modified by AM No. 03-02-05-SC ( insofar as
    guardianship of minors are concerned ). That means, if the person to be placed under guardianship is
    minor, use AM No. 03-02-05-Sc and NOT Rules 92 to 97.

    2. STUDY AM No. 02-6-02-SC ( Rule on Adoption ); Rules 99 and 100 of the Rules of Court are repealed.

    3. STUDY RA. 8552 ( Domestic Adoption Act )

    4. STUDY RA No. 8043 ( Inter-country adoption of filipino children ).

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