DIWATA RAMOS LANDINGIN, Petitioner vs.

REPUBLIC OF THE PHILIPPINES, Respondent.

G.R. No. 164948 June 27, 2006

Case Doctrine: The consent of the biological parents are required in adoption except in
certain circumstances such as abandonment

Facts:

Diwata Ramos Landingin, a US citizen of Filipino parentage filed a petition for the
adoption of 3 minors, natural children of Manuel Ramos, the formers brother,
and Amelia Ramos. She alleged in her petition that when her brother died, the
children were left to their paternal grandmother for their biological mother went to
Italy, re-married there and now has 2 children by her second marriage and no
longer communicates from the time she left up to the institution of the adoption.
After the paternal grandmother passed away, the minors were being supported
by the petitioner and her children abroad and gave their written consent for their
adoption.

However, petitioner failed to present the social worker, who consented to the
adoption after investigation as witness and offer in evidence the voluntary
consent of Amelia Ramos to the adoption. Petitioner also failed to present any
documentary evidence to prove that Amelia assent to the adoption.

Issue:
WON a petition for adoption be granted without the written consent of the adoptees
biological mother.

Held:
No. Section 9, par (b) of RA 8552, provides that the consent of the biological parent(s)
of the child, if known is necessary to the adoption. The written consent of the legal
guardian will suffice if the written consent of the biological parents cannot be obtained.

The general requirement of consent and notice to the natural parents is intended to
protect the natural parental relationship from unwarranted interference by interlopers,
and to insure the opportunity to safeguard the best interests of the child in the manner
of the proposed adoption.

The written consent of the biological parents is indispensable for the validity of the
decree of adoption. Indeed, the natural right of a parent to his child requires that his
consent must be obtained before his parental rights and duties may be terminated and
re-establish in adoptive parents. In this case, petitioner failed to submit the written
consent of Amelia Ramos to the adoption.

Moreover, abandonment means neglect and refusal to perform the filial and legal
obligations of love and support. Merely permitting the child to remain for a time
undisturbed in the care of others is not such abandonment. To dispense with the
requirements of consent, the abandonment must be shown to have existed at the time
of adoption.