Areglo & Asunto Law Office

1234 Emerald Road, Ortigas Cneter, Pasig City

12 September 2015

Ms. Verna Saturno

5678 Sandalwood Lane,
Tagaytay

Dear Ms. Verna,

This Legal Opinion seeks to answer your question about adoption of your
husbands 32-year old illegitimate child.

The Facts
Per our discussion and the documents you have shown me, the following
are the pertinent facts:
You, Verna and your husband, Albert are married for 30 years and blessed
with five childens. On the thirtieth year of your marriage, your husband, albert
confessed to you that he had a child to another woman, Cindy Velez before your
marriage took place. Cindy Velez was terminally ill with cancer. The name of your
husbands child is Bernard who is sophomore law student. Cindys dying wish
was for your husband to formally adopt Bernard to legitimize his status and to
entitle him to be among Alberts heirs.

The Applicable Law

The Applicable Law is section 8 of Republic Act 8552 or Domestic Adoption
act of 1998. It provides that:
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(e) A child whose adoption has been previously rescinded; or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).

The foregoing provision appears that the 32-year old illegitimate child of
your husband is qualified to be adopted.

What are the legal effects of adoption under Philippine law?

Rep. Act 8552 enumerates the legal effects of adoption as follows:
(1) All legal ties between the biological parent/parents and the adopted
child are severed and the same shall be vested in the adopters, except
in cases where the biological parent is the spouse of the adopter.
In other words, parental authority over the adopted child is transferred
to the adopter.
(2) The adopted child shall be considered for all intents and purposes to be
the legitimate child of the adopter/adopters, and as such is entitled to
all the rights and obligations provided by law to legitimate children.
(3) In legal and intestate succession, the adopter/ adopters and the
adopted child shall have reciprocal rights of succession without
distinction form legitimate filiation. Testamentary succession will,
however, apply if the adopted child and the adopter or adopters had
left a will.
With regard to your question whether the adoptee cannot inherit from you,
It seems therefore that the right of an adopted child to inherit from both
biological and adoptive parents is granted under the Family Code Art. 189.

Applicable Jurisprudence

Since there can be no valid adoption without a court decree granting the
same, a mere agreement of adoption between the adopters and the parents of
the child is not valid adoption. (Santos-Ynigo v. Republic, 95 Rep. 244) Nor The
fact that the child had been adopted de facto (ampon) by the alleged adopting
parents ( Lazatin v. Judge Campos, 92 scra 250) The mere consent of your
children does not automatically constitute adoption.

Recommendation
If you still do not want the adoptee to inherit from you, I suggest that you
should ask your husband not pursue the adoption. The child is already 32 years
old and capable of living on his own. The child may still inherit from your
husband even if there is no adoption.

I appreciate the opportunity to advise you regarding this matter. Please let
me know if you wish to discuss any of these issues further. Thank You

Yours faithfully,
Atty. M. Areglado
(sdg.)