Domestic Adoption Inter-country Adoption

Who may Adopt (a) Any Filipino citizen of legal age, in possession of full An alien or a Filipino citizen permanently residing abroad
civil capacity and legal rights, of good moral character, has may file an application for inter-country adoption of a
not been convicted of any crime involving moral Filipino child if he/she
turpitude, emotionally and psychologically capable of
caring for children, at least sixteen (16) years older than (a) is at least twenty-seven (27) years of age and at least
the adoptee, and who is in a position to support and care sixteen (16) years older than the child to be adopted, at the
for his/her children in keeping with the means of the time of application unless the adopter is the parent by
family. The requirement of sixteen (16) year difference nature of the child to be adopted or the spouse of such
between the age of the adopter and adoptee may be parent
waived when the adopter is the biological parent of the (b) if married, his/her spouse must jointly file for the
adoptee, or is the spouse of the adoptee's parent; adoption;
(b) Any alien possessing the same qualifications as above (c) has the capacity to act and assume all rights and
stated for Filipino nationals: Provided, That his/her responsibilities of parental authority under his national
country has diplomatic relations with the Republic of the laws, and has undergone the appropriate counseling from
Philippines, that he/she has been living in the Philippines an accredited counselor in his/her country;
for at least three (3) continuous years prior to the filing of (d) has not been convicted of a crime involving moral
the application for adoption and maintains such residence turpitude;
until the adoption decree is entered, that he/she has been (e) is eligible to adopt under his/her national law;
certified by his/her diplomatic or consular office or any (f) is in a position to provide the proper care and support
appropriate government agency that he/she has the legal and to give the necessary moral values and example to all
capacity to adopt in his/her country, and that his/her his children, including the child to be adopted;
government allows the adoptee to enter his/her country (g) agrees to uphold the basic rights of the child as
as his/her adopted son/daughter: Provided, Further, That embodied under Philippine laws, the U.N. Convention on
the requirements on residency and certification of the the Rights of the Child, and to abide by the rules and
alien's qualification to adopt in his/her country may be regulations issued to implement the provisions of this Act;
waived for the following: (h) comes from a country with whom the Philippines has
diplomatic relations and whose government maintains a
(i) a former Filipino citizen who seeks to adopt a similarly authorized and accredited agency and that
relative within the fourth (4th) degree of adoption is allowed under his/her national laws; and
consanguinity or affinity; or (i) possesses all the qualifications and none of the
(ii) one who seeks to adopt the legitimate disqualifications provided herein and in other applicable
son/daughter of his/her Filipino spouse; or Philippine laws.
 (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.chan robles virtual law library

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.
Who may be (a) Any person below eighteen (18) years of age who has Only a legally free child may be the subject of inter-country
adopted been administratively or judicially declared available for adoption.
adoption;
(b) The legitimate son/daughter of one spouse by the Child means a person below fifteen (15) years of age unless
other spouse; sooner emancipated by law.
(c) An illegitimate son/daughter by a qualified adopter to Legally-free child means a child who has been voluntarily
improve his/her status to that of legitimacy; or involuntarily committed to the Department, in
(d) A person of legal age if, prior to the adoption, said accordance with the Child and Youth Welfare Code.
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).
Consent (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.
 Void Voidable Recissible Unenforceable
Definition contract is one which contract is one in which contract is one, which, contract is one that, for
suffers from absence of the consent of one party though possessing all the lack of authority or of
object or cause and is is defective, either essential requisites of the required writing, or
therefore an absolute nullity because of want of contracts, has caused a for incompetence of
and produces no effect. capacity, or because particular economic both parties, cannot be
consent is vitiated. damage either to one of given effect unless
the contracting parties or properly ratified.
to a third person.
As to defect Lack of essential element: Vices of consent Injury/damage either of Lack in form, authority
Consent the parties or 3rd person or capacity of both
Object parties
Consideration
Contrary to:
Law Morals
Public Order
Public Policy
Requisites 1. They produce no 1. it must fall under
effect whatsoever either either Art. 1381
against or in favor of or 1382 (Causapin
anyone (Quod nullum est v. CA, 233 SCRA
nullum producit effectum). 615 [1994]);
2. No action for 2. the party seeking
annulment is necessary. rescission must
Their nullity exists eo ipso have no other
and therefore any judgment legal means to
of nullity is merely obtain reparation
declaratory. for damages
3. They can suffered by him
neither be confirmed nor (Art. 1383);
ratified. (Art. 1409) 3. the party seeking
4. If rescission must
performance is made, be able to return
restoration of what has whatever he may
 been delivered is required, have obtained by
except when the pari delicto reason of the
rule is applicable. contract (Art.
5. The right to 1385, par. 1); and
set up the defense of nullity 4. the things object
cannot be waived. (Art. of the contract
1409) must not have
6. The action passed legally to a
or defense of nullity does third person in
not prescribe. (Art. 1410) good faith (Art.
7. The defense 1385, pars. 2 and
of nullity may be invoked by 3).
anyone against whom the
effects of the contract are
asserted. (Art. 1421;
Tongoy v. CA, 123 SCRA
99 [1983])
As to Effect No legal effect Valid and enforceable Valid and enforceable Valid as to parties but
until annulled by a until rescinded by a cannot be enforced
competent court competent court OR by
mutual rescission
As to prescription no prescription for a action for annulment or action for prescription corresponding action
Nullity declaration of nullity, defense of annullability can prescribe for recovery if there was
inexistence or defense of can prescribe total or partial
nullity performance of the
unenforceable contract
under no. 1 (no
authority)or 3
(incapable of giving
consent) Art. 1403 of
the Civil Code may
prescribe
As to prescription Not curable
Curative
Ratification Cant be Cant be Dont need Can be ratified

Where both parties are

incapable of giving
consent.

The confirmation by
one of the incapacitated
parties does not
convalidate the
contract; it merely raises
the contract one rung
higherto the level of a
voidable contract.

For Statute of Fraud

Those that do not

comply with the Statute
of Frauds as set forth in
this number. In the
following cases an
agreement hereafter
made shall be
unenforceable by
action, unless the same,
or some note or
memorandum thereof,
be in writing, and
subscribed by the party
charged, or by his agent;
evidence, therefore, of
the agreement cannot
be received without the

Who can attack not just the contracting Privity
parties, but also a 3rd
person whose interest is
directly affected
Direct/Collateral Direct and collateral
What? Art. 1409. The following
contracts are inexistent and
void from the beginning:
(1) Those whose cause,
object or purpose is a
contrary to law, morals,
good customs, public order
or public policy;
(2) Those which are
absolutely simulated or
fictitious;
(3) Those whose cause or
object did not exist at the
time of the transaction;
(4) Those whose object
is outside the commerce of
men;
(5) Those which
contemplate an impossible
service;
(6) Those where the
intention of the parties
relative to the principal
not just the contracting
parties, but also a 3rd
person who is prejudiced
or damaged by the
contract
Direct and collateral Direct only
Minority Art. 1381. The Art. 1403, par. 1:
Insanity, deaf- following contracts are
mutism coupled with rescissible:
illiteracy, intoxication
and hypnotic spell (1) Those which are
Fraud (deceit) entered into by guardians
whenever the wards
Causante not whom they represent
incidente suffer lesion by more than
one-fourth of the value of
1. it must be serious the things which are the
(Art. 1344); object thereof;
2. it must have been (2) Those agreed upon
employed by one in representation of
party upon the other absentees, if the latter
(Arts. 1342 and suffer the lesion stated in
1344); the preceding number;
3. it must have had the (3) Those undertaken in
effect of inducing fraud of creditors when
one of the parties to the latter cannot in any
enter into the other manner collect the
contract (Art. 1338); claims due them;
and (4) Those which refer to
things under litigation if
writing, or a secondary
evidence of its contents:
Privity
Direct and collateral
(1) Those entered into
in the name of another
person by one who has
been given no authority
or legal representation,
or who has acted
beyond his powers.
(3) Those where both
parties are incapable of
giving consent to a
contract.
(2) Statute of Frauds
(a) An agreement
that by its terms is not
to be performed within
a year from the making
thereof;
object of the contract
cannot be ascertained;
(7) Those expressly
prohibited or declared void
by law.
These contracts cannot be
ratified. Neither can the
right to set up the defense
of illegality be waived.
4. it must have resulted they have been entered (b) A special
in damage or injury. into by the defendant promise to answer for
(Alcasid v. CA, 237 without the knowledge the debt, default, or
SCRA 419 [1994]) and approval of the miscarriage of another;
litigants or of competent
Violence judicial authority; (c) An agreement
a) it must be (5) All other contracts made in consideration
irresistible or serious; andspecially declared by law of marriage, other than
b) it must be causal,to be subject to a mutual promise to
i.e. it must be the rescission. marry;
operative cause of the
giving of consent. Art. 1382. Payments (d) An agreement
made in a state of for the sale of goods,
intimidation insolvency for obligations chattels or things in
to whose fulfillment the action, at a price not less
(1) that the intimidation debtor could not be than five hundred
must be the determining compelled at the time pesos, unless the buyer
cause of the contract, or they were effected, are accept and receive part
must have caused the also rescissible. of such goods and
consent to be given; chattels, or the
(2) that the threatened Art. 1386. Rescission evidences, or some of
act be unjust or unlawful; referred to in Nos. 1 and them, of such things in
(3) that the threat be real 2 of article 1381 shall not action, or pay at the
and serious, there being take place with respect to time some part of the
an evident disproportion contracts approved by the purchase money; but
between the evil and the courts. when a sale is made by
resistance which all men auction and entry is
can offer, leading to the made by the auctioneer
choice of the contract as in his sales book, at the
the lesser evil; and time of the sale, of the
(4) that it produces a amount and kind of
reasonable and well- property sold, terms of
grounded fear from the sale, price, names of the
fact that the person from purchasers and person

Remedy Art. 1411. When the nullity
proceeds from the illegality
of the cause or object of the
contract, and the act
constitutes a criminal
offense, both parties being
whom it comes has the on whose account the
necessary means or sale is made, it is a
ability to inflict the sufficient
threatened injury. memorandum;
undue influence (e) An agreement for
the leasing for a longer
employed upon a party period than one year, or
which, under the for the sale of real
circumstances, he could property or of an
not well resist and which interest therein;
controlled his volition
and induced him to give (f) A representation as
his consent to the to the credit of a third
contract, which person.
otherwise he would not
have entered into. It
must in some measure
destroy the free agency
of a party and interfere
with the exercise of that
independent discretion
which is necessary for
determining the
advantages or
disadvantages of a
proposed contract.
A voidable contract is, Accion Pauliana
as the term implies,
susceptible to 1. the plaintiff asking for
annulment; it is not ipso rescission has a credit
facto inoperative. prior to the alienation,
in pari delicto, they shall
have no action against each
other, and both shall be
prosecuted. Moreover, the
provisions of the Penal
Code relative to the disposal
of effects or instruments of
a crime shall be applicable
to the things or the price of
the contract.
Art 1412. If the act in
which the unlawful or
forbidden cause consists
does not constitute a
criminal offense, the
following rules shall be
observed:
(1) When the fault is on
the part of both contracting
parties, neither may recover
what he has given by virtue
of the contract, or demand
the performance of the
others undertaking;
Some points to although demandable
bear in mind regarding later;
these contracts are: 2. the debtor has made a
subsequent contract
1. they are conveying a patrimonial
binding unless and until benefit to a third person;
set aside; (Art. 1390); 3. the creditor has no
other legal remedy to
they may be assailed only satisfy his claim;
by a proper action in 4. the act being impugned
court; (Art. 1390), is fraudulent; and
brought within the 5. the third person who
specified prescriptive received the property
periods; (Arts. 1391); conveyed, if it is by
onerous title, has been an
they are capable of accomplice in the fraud.
confirmation; (Arts.
1392-1396); Art. 1383. The action for
rescission is subsidiary; it
Confirmation (or, as cannot be instituted
somewhat inaccurately except when the party
called by the Civil Code, suffering damage has no
ratification) can be done other legal means to
either expressly or tacitly, obtain reparation for the
but, in either case, only same.
by the party whose
consent was vitiated, and In this
only after he has acquired connection, a careful
capacity or after the distinction must be made
cessation of the vitiating between rescission of a
cause. properly rescissible
contract and rescission
the action for annulment under Art. 1191.
can be maintained only
by or on behalf of the Art. 1191. The power to
incapacitated party, rescind obligations is
never by the other party; implied in reciprocal
(Art. 1397); and ones, in case one of the
obligors should not
similarly to cases of comply with what is
rescission under Art. incumbent upon him.
1385, and resolution
under Art. 1191, the The injured party may
general rule in annulment choose between the
of voidable contracts is fulfillment and the
mutual restitution, i.e. rescission of the
the parties should be obligation, with the
returned to their original payment of damages, in
situation. either case. He may also
seek rescission, even after
he has chosen fulfillment,
if the latter should
become impossible.

The court shall decree

the rescission claimed,
unless there be just cause
authorizing the fixing of a
period.

This is understood to be
without prejudice to the
rights of third persons
who have acquired the
thing, in accordance with
articles 1385 and 1388
and the Mortgage Law.