RULE 98: TRUSTEES
- The following conditions shall be deemed to be a part
Sec. 1. Where trustee appointed. - A trustee necessary to carry into effect the provisions of a
will or written instrument shall be appointed by the Court of First Instance in which the will
was allowed if it be a will allowed in the Philippines, otherwise by the Court of First Instance
of the province in which the property, or some portion thereof, affected by the trust is situated.
Sec. 2. Appointment and powers of trustee under will; Executor of former trustee need not
administer trust. - If a testator has omitted in his will to appoint a trustee in the Philippines,
and if such appointment is necessary to carry into effect the provisions of the will, the proper
Court of First Instance may, after notice to all persons interested, appoint a trustee who shall
have the same rights, powers, and duties, and in whom the estate shall vest, as if he had
been appointed by the testator. No person succeeding to a trust as executor or administrator
of a former trustee shall be required to accept such trust.
Sec. 3. Appointment and powers of new trustee under written instrument. - When a trustee
under a written instrument declines, resigns, dies, or is removed before the objects of the
trust are accomplished, and no adequate provision is made in such instrument for supplying
the vacancy, the proper Court of First Instance may, after due notice to all persons interested,
appoint a new trustee to act alone or jointly with the others, as the case may be. Such new
trustee shall have and exercise the same powers, rights, and duties as if he had been
originally appointed, and the trust estate shall vest in him in like manner as it had vested or
would have vested, in the trustee in whose place he is substituted; and the court may order
such conveyance to be made by the former trustee or his representatives, or by the other
remaining trustees, as may be necessary or proper to vest the trust estate in the new trustee,
either alone or jointly with the others.
Sec. 4. Proceedings where trustee appointed abroad. - When land in the Philippines is held in
trust for persons resident here by a trustee who derives his authority from without the
Philippines, such trustee shall, on petition filed in the Court of First Instance of province
where the land is situated, and after due notice to all persons interested, be ordered to apply
to the court for appointment as trustee; and upon his neglect or refusal to comply with such
order, the court shall declare such trust vacant, and shall appoint a new trustee in whom the
trust estate shall vest in like manner as if he had been originally appointed by such court.
Sec. 5. Trustee must file bond. Before entering on the duties of his trust, a trustee shall file
with the clerk of the court having jurisdiction of the trust a bond in the amount fixed by the
judge of said court, payable to the Government of the Philippines and sufficient and available
for the protection of any party in interest, and a trustee who neglects to file such bond shall
be considered to have declined or resigned the trust; but the court may until further order
exempt a trustee under a will from giving a bond when the testator has directed or requested
such exemption, and may so exempt any trustee when all persons beneficially interested in
the trust, being of full age, request the exemption. Such exemption may be cancelled by the
court at any time and the trustee required to forthwith file a bond.
Sec. 6. Conditions included in bond.
of the bond whether written therein or not:
(a) That the trustee will make and return to the court, at such time as it may order, a true
inventory of all the real and personal estate belonging to him as trustee, which at the time of
the making of such inventory shall have come to his possession or knowledge;
(b) That he will manage and dispose of all such estate, and faithfully discharge his trust in
relation thereto, according to law and the will of the testator or the provisions of the
instrument or order under which he is appointed;
(c) That he will render upon oath at least once a year until his trust is fulfilled, unless he is
excused therefrom in any year by the court, a true account of the property in his hands and of
the management and disposition thereof, and will render such other accounts as the court
may order;
(d) That at the expiration of his trust he will settle his accounts in court and pay over and
deliver all the estate remaining in his hands, or due from him on such settlement, to the
person or persons entitled thereto.
But when the trustee is appointed as a successor to a prior trustee, the court may dispense
with the making and return of an inventory, if one has already been filed, and in such case
the condition of the bond shall be deemed to be altered accordingly.
Sec. 7. Appraisal; Compensation of trustee. - When an inventory is required to be returned by
a trustee, the estate and effects belonging to the trust shall be appraised and the court may
order one or more inheritance tax appraisers to assist in the appraisement. The
compensation of the trustee shall be fixed by the court, if it be not determined in the
instrument creating the trust.
Sec. 8. Removal or resignation of trustee. - The proper Court of First Instance may, upon
petition of the parties beneficially interested and after due notice to the trustee and hearing,
remove a trustee if such removal appears essential in the interests of the petitioners. The
court may also, after due notice to all persons interested, remove a trustee who is insane or
otherwise incapable of discharging his trust or evidently unsuitable therefor. A trustee,
whether appointed by the court or under a written instrument, may resign his trust if it
appears to the court proper to allow such resignation.
Sec. 9. Proceedings for sale or encumbrance of trust estate. - When the sale or
encumbrance of any real or personal estate held in trust is necessary or expedient, the court
having jurisdiction of the trust may, on petition and after due notice and hearing, order such
sale or encumbrance to be made, and the reinvestment and application of the proceeds
thereof in such manner as will best effect the objects of the trust. The petition, notice,
hearing, order of sale or encumbrance, and record of proceedings, shall conform as nearly as
may be to the provisions concerning the sale or encumbrance by guardians of the property of
minors or other wards.
1. Tiangco vs. Francisco
FACT:
Petrona Francisco provided in her will that one-half of the income from her fishpond will be
used for “flores de Mayo” and other religious activities in rizal. In line with this, Casimiro
Tiangco was appointed as trustee and Maria Tiangco was appointed as co-
trustee.Submission of reports to the court was irregular. Proceso Francisco filed an
opposition to the 1935 rendering of accounts. In 1938, the court issued an order requiring the
resignation of the Tiangcos
ISSUE: Whether the court could remove the Tiangcos as trustees
HELD: YES.
The Tiangcos did not have a right to the trusteeship as they were not designated in the will to
be the trustees. The power of the court to appoint the trustee is discretionary. Upon proper
showing in the interests of justice would be served with the removal of the incumbent
trustees, it is within the power of the court to do so.
2. Roman Catholic Bishop of Jaro v. de la Pena
FACT:
This is an appeal by the administrator of the estate of Father De la Peña (defendant) from a
judgment of the CFI, awarding to the Roman Catholic Bishop of Jaro (plaintiff) the sum of
P6,641, with interest. Fr. De la Peña was the representative of plaintiff over the legacy which
it held in trust for the construction of a leper hospital. In 1898, the books Fr. De la Peña, as
trustee, had on hand the sum of P6,641 collected by him for the charitable purposes
aforesaid. Subsequently, he deposited in his personal account P19,000 in the Hongkong and
Shanghai Bank (Bank) at Iloilo. During the war of the revolution, Fr. De la Peña was arrested
by the military authorities as a political prisoner because they claimed that he was an
insurgent and the funds deposited had been collected by him for revolutionary purposes. A
confiscation order was issued to the Bank for the deposit of Fr. De la Peña in favor of the
United States Army officer and turned over to the Government.
ISSUES:
Whether the trust funds was included in the P19,000 deposited in the account of Fr. De la
Peña in the bank; Whether the estate of Fr. De la Peña is liable for the loss of the trust fund
HELD: YES;NO.
Yes. A careful examination of the case leads us to the conclusion that said trust funds were
a part of the funds deposited and which were removed and confiscated by the military
authorities of the United States.
No. Fr. De la Peña's liability is determined the Civil Code which states that "a person obliged
to give something is also bound to preserve it with the diligence pertaining to a good father of
a family" (art. 1094), it also provides that "no one shall be liable for events which could not be
foreseen, or which having been foreseen were inevitable, with the exception of the cases
expressly mentioned in the law or those in which the obligation so declares." (Art. 1105.) The
fact that he placed the trust fund in the bank in his personal account does not add to his
responsibility. Such deposit did not make him a debtor who must respond at all hazards.
There was no law prohibiting him from depositing it as he did and there was no law which
changed his responsibility be reason of the deposit. While it may be true that one who is
under obligation to do or give a thing is in duty bound, when he sees events approaching the
results of which will be dangerous to his trust, to take all reasonable means and measures to
escape or, if unavoidable, to temper the effects of those events, we do not feel constrained to
hold that, in choosing between two means equally legal, he is culpably negligent in selecting
one whereas he would not have been if he had selected the other. The deposit was forcibly
taken by the military forces of one of the combatants during a state of war, it is clear that
under the provisions of the Civil Code he would be exempt from responsibility.
Rule on Adoption
A.M. No. 02-6-02-SC
A. Domestic Adoption
Section 1. Applicability of the Rule.— This Rule covers the domestic adoption of Filipino
children.
Section 2. Objectives.—
(a) The best interests of the child shall be the paramount consideration in all matters relating
to his care, custody and adoption, in accordance with Philippine laws, the United Nations
(UN) Convention on the Rights of the Child, UN Declaration on Social and Legal Principles
Relating to the Protection and Welfare of Children with Special Reference to Foster
Placement and Adoption, Nationally and Internationally, and the Hague Convention on the
Protection of Children and Cooperation in Respect of Inter-country Adoption.
(b) The State shall provide alternative protection and assistance through foster care or
adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this end,
the State shall:
(i) Ensure that every child remains under the care and custody of his parents and is provided
with love, care, understanding and security for the full and harmonious development of his
personality. Only when such efforts prove insufficient and no appropriate placement or
adoption within the child’s extended family is available shall adoption by an unrelated person
be considered.
(ii) Safeguard the biological parents from making hasty decisions in relinquishing their
parental authority over their child;
(iii) Prevent the child from unnecessary separation from his biological parents;
(iv) conduct public information and educational campaigns to promote a positive environment
for adoption;
(v) ensure that government and private sector agencies have the capacity to handle adoption
inquiries, process domestic adoption applications and offer adoption-related services
including, but not limited to, parent preparation and post-adoption education and counseling;
(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his
native land, and only when this is not available shall inter-country adoption be considered as
a last resort; and
(vii) protect adoptive parents from attempts to disturb their parental authority and custody
over their adopted child.
Any voluntary or involuntary termination of parental authority shall be administratively or
judicially declared so as to establish the status of the child as “legally available for adoption”
and his custody transferred to the Department of Social Welfare and Development or to any
duly licensed and accredited child-placing or child-caring agency, which entity shall be
authorized to take steps for the permanent placement of the child.
Section 3. Definition of Terms.— For purposes of this Rule:
(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition
for adoption.
(b) “A child legally available for adoption” refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited child-placing
or child-caring agency, freed of the parental authority of his biological parents, or in case of
rescission of adoption, his guardian or adopter(s).
(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish
parental authority over him in favor of the Department.
(d) “Involuntarily committed child” is one whose parents, known or unknown, have been
permanently and judicially deprived of parental authority over him due to abandonment;
substantial, continuous or repeated neglect and abuse; or incompetence to discharge
parental responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or
relatives are unknown; or a child committed to an orphanage or charitable or similar
institution with unknown facts of birth and parentage and registered in the Civil Register as a
“foundling.”
(f) “Abandoned child” refers to one who has no proper parental care or guardianship or
whose parents have deserted him for a period of at least six (6) continuous months and has
been judicially declared as such.
(g) “Dependent child” refers to one who is without a parent, guardian or custodian or one
whose parents, guardian or other custodian for good cause desires to be relieved of his care
and custody and is dependent upon the public for support.
(h) “Neglected child” is one whose basic needs have been deliberately not attended to or
inadequately attended to, physically or emotionally, by his parents or guardian.
(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper
shelter.
(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited,
overworked or made to work under conditions not conducive to good health or made to beg in
the streets or public places, or placed in moral danger, or exposed to drugs, alcohol,
gambling, prostitution and other vices.
(k) “Child-placement agency” refers to an agency duly licensed and accredited by the
Department to provide comprehensive child welfare services including, but not limited to,
receiving applications for adoption, evaluating the prospective adoptive parents and
preparing the adoption home study report.
(l) “Child-caring agency” refers to an agency duly licensed and accredited by the Department
that provides 24-hour residential care services for abandoned, orphaned, neglected or
voluntarily committed children.
(m) “Department” refers to the Department of Social Welfare and Development.
(n) “Deed of Voluntary Commitment” refers to the written and notarized instrument
relinquishing parental authority and committing the child to the care and custody of the
Department executed by the child’s biological parents or in their absence, mental incapacity
or death, by the child’s legal guardian, to be witnessed by an authorized representative of the
Department after counseling and other services have been made available to encourage the
biological parents to keep the child.
(o) “Child Study Report” refers to a study made by the court social worker of the child’s legal
status, placement history, psychological, social, spiritual, medical, ethno-cultural background
and that of his biological family needed in determining the most appropriate placement for
him.
(p) “Home Study Report” refers to a study made by the court social worker of the motivation
and capacity of the prospective adoptive parents to provide a home that meets the needs of a
child.
(q) “Supervised trial custody” refers to the period of time during which a social worker
oversees the adjustment and emotional readiness of both adopters and adoptee in stabilizing
their filial relationship.
(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science in
social work as a minimum educational requirement and who has passed the government
licensure examination for social workers as required by Republic Act No. 4373.
(s) “Simulation of birth” is the tampering of the civil registry to make it appear in the birth
records that a certain child was born to a person who is not his biological mother, thus
causing such child to lose his true identity and status.
(t) “Biological Parents” refer to the child’s mother and father by nature.
(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-trained
social workers of the Department, the social services units of local governments, private and
government health facilities, Family Courts, licensed and accredited child-caring and child-
placement agencies and other individuals or entities involved in adoption as authorized by the
Department.
(v) “Residence” means a person’s actual stay in the Philippines for three (3) continuous years
immediately prior to the filing of a petition for adoption and which is maintained until the
adoption decree is entered. Temporary absences for professional, business, health, or
emergency reasons not exceeding sixty (60) days in one (1) year does not break the
continuity requirement.
(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the
Philippines and is in possession of a valid passport or travel documents and visa.
Section 4. Who may adopt.— The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good
moral character, has not been convicted of any crime involving moral turpitude; who is
emotionally and psychologically capable of caring for children, at least sixteen (16) years
older than the adoptee, and who is in a position to support and care for his children in
keeping with the means of the family. The requirement of a 16-year difference between the
age of the adopter and adoptee may be waived when the adopter is the biological parent of
the adoptee or is the spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as above-stated for Filipino nationals:
Provided, That his country has diplomatic relations with the Republic of the Philippines, that
he has been living in the Philippines for at least three (3) continuous years prior to the filing of
the petition for adoption and maintains such residence until the adoption decree is entered,
that he has been certified by his diplomatic or consular office or any appropriate government
agency to have the legal capacity to adopt in his country, and that his government allows the
adoptee to enter his country as his adopted child. Provided, further, That the requirements on
residency and certification of the alien’s qualification to adopt in his country may be waived
for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4 th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
(3) The guardian with respect to the ward after the termination of the guardianship and
clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other
spouse has signified his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the
other, joint parental authority shall be exercised by the spouses.
Section 5. Who may be adopted.— The following may be adopted:
(1) Any person below eighteen (18) years of age who has been voluntarily committed to the
Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available
for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of
legitimacy;
(4) 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;
(5) A child whose adoption has been previously rescinded; or
(6) A child whose biological or adoptive parents have died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parents.
(7) A child not otherwise disqualified by law or these rules.
Section 6. Venue.— The petition for adoption shall be filed with the Family Court of the
province or city where the prospective adoptive parents reside.
Section 7. Contents of the Petition.— The petition shall be verified and specifically state at
the heading of the initiatory pleading whether the petition contains an application for change
of name, rectification of simulated birth, voluntary or involuntary commitment of children, or
declaration of child as abandoned, dependent or neglected.
(1) If the adopter is a Filipino citizen, the petition shall allege the following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of
good moral character; has not been convicted of any crime involving moral turpitude; is
emotionally and psychologically capable of caring for children; is at least sixteen (16) years
older than the adoptee, unless the adopter is the biological parent of the adoptee or is the
spouse of the adoptee’s parent; and is in a position to support and care for his children in
keeping with the means of the family and has undergone pre-adoption services as required
by Section 4 of Republic Act No. 8552.
(2) If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the Philippines;
(d) That he has been certified by his diplomatic or consular office or any appropriate
government agency to have the legal capacity to adopt in his country and his government
allows the adoptee to enter his country as his adopted child and reside there permanently as
an adopted child; and
(e) That he has been living in the Philippines for at least three (3) continuous years prior to
the filing of the petition and he maintains such residence until the adoption decree is entered.
The requirements of certification of the alien’s qualification to adopt in his country and of
residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of
consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within
the fourth degree of consanguinity or affinity of the Filipino spouse.
(3) If the adopter is the legal guardian of the adoptee, the petition shall allege that
guardianship had been terminated and the guardian had cleared his financial accountabilities.
(4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified
written consent thereto, or
(c) if the spouses are legally separated from each other.
(5) If the adoptee is a foundling, the petition shall allege the entries which should appear in
his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name
and citizenship of adoptive mother and father, and the date and place of their marriage.
(6) If the petition prays for a change of name, it shall also state the cause or reason for the
change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and residence of the adoptee as shown by his
record of birth, baptismal or foundling certificate and school records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be known and registered in
the Civil Registry.
A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the
1997 Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth.— In case the petition also seeks rectification of a
simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552
and the application for rectification of the birth registration and the petition for adoption were
filed within five years from said date;
(c) The petitioner made the simulation of birth for the best interests of the adoptee; and
(d) The adoptee has been consistently considered and treated by petitioner as his own child.
Section 9. Adoption of a foundling, an abandoned, dependent or neglected child.— In case
the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall
allege:
(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;
(b) The names of the parents, if known, and their residence. If the child has no known or
living parents, then the name and residence of the guardian, if any;
(c) The name of the duly licensed child-placement agency or individual under whose care the
child is in custody; and
(d) That the Department, child-placement or child-caring agency is authorized to give its
consent.
Section 10. Change of name.— In case the petition also prays for change of name, the title
or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.
Section 11. Annexes to the Petition.— The following documents shall be attached to the
petition:
A. Birth, baptismal or foundling certificate, as the case may be, and school records showing
the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the child-placement
agency, child-caring agency, or the proper government instrumentality which has legal
custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten
(10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten (10) years of age or
over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;
D. If the petitioner is an alien, certification by his diplomatic or consular office or any
appropriate government agency that he has the legal capacity to adopt in his country and that
his government allows the adoptee to enter his country as his own adopted child unless
exempted under Section 4(2);
E. Home study report on the adopters. If the adopter is an alien or residing abroad but
qualified to adopt, the home study report by a foreign adoption agency duly accredited by the
Inter-Country Adoption Board; and
F. Decree of annulment, nullity or legal separation of the adopter as well as that of the
biological parents of the adoptee, if any.
Section 12. Order of Hearing.— If the petition and attachments are sufficient in form and
substance, the court shall issue an order which shall contain the following:
(1) the registered name of the adoptee in the birth certificate and the names by which the
adoptee has been known which shall be stated in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is granted;
(4) the date and place of hearing which shall be set within six (6) months from the date of the
issuance of the order and shall direct that a copy thereof be published before the date of
hearing at least once a week for three successive weeks in a newspaper of general
circulation in the province or city where the court is situated; Provided, that in case of
application for change of name, the date set for hearing shall not be within four (4) months
after the last publication of the notice nor within thirty (30) days prior to an election.
The newspaper shall be selected by raffle under the supervision of the Executive Judge.
(5) a directive to the social worker of the court, the social service office of the local
government unit or any child-placing or child-caring agency, or the Department to prepare
and submit child and home study reports before the hearing if such reports had not been
attached to the petition due to unavailability at the time of the filing of the latter; and
(6) a directive to the social worker of the court to conduct counseling sessions with the
biological parents on the matter of adoption of the adoptee and submit her report before the
date of hearing.
At the discretion of the court, copies of the order of hearing shall also be furnished the Office
of the Solicitor General through the provincial or city prosecutor, the Department and the
biological parents of the adoptee, if known.
If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor
General shall be mandatory.
Section 13. Child and Home Study Reports.— In preparing the child study report on the
adoptee, the concerned social worker shall verify with the Civil Registry the real identity and
registered name of the adoptee. If the birth of the adoptee was not registered with the Civil
Registry, it shall be the responsibility of the social worker to register the adoptee and secure
a certificate of foundling or late registration, as the case may be.
The social worker shall establish that the child is legally available for adoption and the
documents in support thereof are valid and authentic, that the adopter has sincere intentions
and that the adoption shall inure to the best interests of the child.
In case the adopter is an alien, the home study report must show the legal capacity to adopt
and that his government allows the adoptee to enter his country as his adopted child in the
absence of the certification required under Section 7(b) of Republic Act No. 8552.
If after the conduct of the case studies, the social worker finds that there are grounds to deny
the petition, he shall make the proper recommendation to the court, furnishing a copy thereof
to the petitioner.
Section 14. Hearing.— Upon satisfactory proof that the order of hearing has been published
and jurisdictional requirements have been complied with, the court shall proceed to hear the
petition. The petitioner and the adoptee must personally appear and the former must testify
before the presiding judge of the court on the date set for hearing.
The court shall verify from the social worker and determine whether the biological parent has
been properly counseled against making hasty decisions caused by strain or anxiety to give
up the child; ensure that all measures to strengthen the family have been exhausted; and
ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and
interest.
Section 15. Supervised Trial Custody.— Before issuance of the decree of adoption, the court
shall give the adopter trial custody of the adoptee for a period of at least six (6) months within
which the parties are expected to adjust psychologically and emotionally to each other and
establish a bonding relationship. The trial custody shall be monitored by the social worker of
the court, the Department, or the social service of the local government unit, or the child-
placement or child-caring agency which submitted and prepared the case studies. During
said period, temporary parental authority shall be vested in the adopter.
The court may, motu proprio or upon motion of any party, reduce the period or exempt the
parties if it finds that the same shall be for the best interests of the adoptee, stating the
reasons therefor.
An alien adopter however must complete the 6-month trial custody except the following:
a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his Filipino spouse; or
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the
latter’s relative within the fourth (4th) degree of consanguinity or affinity.
If the child is below seven (7) years of age and is placed with the prospective adopter through
a pre-adoption placement authority issued by the Department, the court shall order that the
prospective adopter shall enjoy all the benefits to which the biological parent is entitled from
the date the adoptee is placed with him.
The social worker shall submit to the court a report on the result of the trial custody within two
weeks after its termination.
Section 16. Decree of Adoption.— If the supervised trial custody is satisfactory to the parties
and the court is convinced from the trial custody report and the evidence adduced that the
adoption shall redound to the best interests of the adoptee, a decree of adoption shall be
issued which shall take effect as of the date the original petition was filed even if the
petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-
day reglementary period within which to appeal;
2) the adopter to submit a certified true copy of the decree of adoption and the certificate of
finality to the Civil Registrar where the child was originally registered within thirty (30) days
from receipt of the certificate of finality. In case of change of name, the decree shall be
submitted to the Civil Registrar where the court issuing the same is situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty
(30) days from receipt of the certificate of finality;
b. to issue a certificate of birth which shall not bear any notation that it is a new or amended
certificate and which shall show, among others, the following: registry number, date of
registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive
mother and father, and the date and place of their marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records which can be opened only
upon order of the court which issued the decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of compliance with all the
foregoing within thirty days from receipt of the decree.
If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was
registered, to annotate the decree of adoption on the foundling certificate and a new birth
certificate shall be ordered prepared by the Civil Registrar in accordance with the decree.
Section 17. Book of Adoptions.— The Clerk of Court shall keep a book of adoptions showing
the date of issuance of the decree in each case, compliance by the Civil Registrar with
Section 16(B)(3) and all incidents arising after the issuance of the decree.
Section 18. Confidential Nature of Proceedings and Records.— All hearings in adoption
cases, after compliance with the jurisdictional requirements shall be confidential and shall not
be open to the public. All records, books and papers relating to the adoption cases in the files
of the court, the Department, or any other agency or institution participating in the adoption
proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is necessary for
security reasons or for purposes connected with or arising out of the adoption and will be for
the best interests of the adoptee, the court may, upon proper motion, order the necessary
information to be released, restricting the purposes for which it may be used.
Section 19. Rescission of Adoption of the Adoptee.— The petition shall be verified and filed
by the adoptee who is over eighteen (18) years of age, or with the assistance of the
Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated,
by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds committed by the
adopter:
1) repeated physical and verbal maltreatment by the adopter despite having undergone
counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject to rescission by the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919
of the Civil Code.
Section 20. Venue.— The petition shall be filed with the Family Court of the city or province
where the adoptee resides.
Section 21. Time within which to file petition.— The adoptee, if incapacitated, must file the
petition for rescission or revocation of adoption within five (5) years after he reaches the age
of majority, or if he was incompetent at the time of the adoption, within five (5) years after
recovery from such incompetency.
Section 22. Order to Answer.— The court shall issue an order requiring the adverse party to
answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy
of the petition shall be served on the adverse party in such manner as the court may direct.
Section 23. Judgment.— If the court finds that the allegations of the petition are true, it shall
render judgment ordering the rescission of adoption, with or without costs, as justice requires.
The court shall order that the parental authority of the biological parent of the adoptee, if
known, or the legal custody of the Department shall be restored if the adoptee is still a minor
or incapacitated and declare that the reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished.
The court shall further declare that successional rights shall revert to its status prior to
adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
It shall also order the adoptee to use the name stated in his original birth or foundling
certificate.
The court shall further order the Civil Registrar where the adoption decree was registered to
cancel the new birth certificate of the adoptee and reinstate his original birth or foundling
certificate.
Section 24. Service of Judgment.— A certified true copy of the judgment together with a
certificate of finality issued by the Branch Clerk of the Court which rendered the decision in
accordance with the preceding Section shall be served by the petitioner upon the Civil
Registrar concerned within thirty (30) days from receipt of the certificate of finality. The Civil
Registrar shall forthwith enter the rescission decree in the register and submit proof of
compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from
receipt of the decree.
The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.
Section 25. Repeal.— This supersedes Rule 99 on Adoption and Rule 100 of the Rules of
Court.
B. Inter-Country Adoption
Section 26. Applicability.— The following sections apply to inter-country adoption of Filipino
children by foreign nationals and Filipino citizens permanently residing abroad.
Section 27. Objectives.— The State shall:
a) consider inter-country adoption as an alternative means of child care, if the child cannot be
placed in a foster or an adoptive family or cannot, in any suitable manner, be cared for in the
Philippines;
b) ensure that the child subject of inter-country adoption enjoys the same protection accorded
to children in domestic adoption; and
c) take all measures to ensure that the placement arising therefrom does not result in
improper financial gain for those involved.
Section 28. Where to File Petition.— A verified petition to adopt a Filipino child may be filed
by a foreign national or Filipino citizen permanently residing abroad with the Family Court
having jurisdiction over the place where the child resides or may be found.
It may be filed directly with the Inter-Country Adoption Board.
Section 29. Who may be adopted.— Only a child legally available for domestic adoption may
be the subject of inter-country adoption.
Section 30. Contents of Petition.— The petitioner must allege:
a) his age and the age of the child to be adopted, showing that he is at least twenty-seven g) Character reference from the local church/minister, the petitioner’s employer and a
(27) years of age and at least sixteen (16) years older than the child to be adopted at the time member of the immediate community who have known the petitioner for at least five (5)
of application, unless the petitioner is the parent by nature of the child to be adopted or the years;
spouse of such parent, in which case the age difference does not apply;
h) Full body postcard-size pictures of the petitioner and his immediate family taken at least
b) if married, the name of the spouse who must be joined as co-petitioner except when the six (6) months before the filing of the petition.
adoptee is a legitimate child of his spouse;
Section 32. Duty of Court.— The court, after finding that the petition is sufficient in form and
c) that he has the capacity to act and assume all rights and responsibilities of parental substance and a proper case for inter-country adoption, shall immediately transmit the
authority under his national laws, and has undergone the appropriate counseling from an petition to the Inter-Country Adoption Board for appropriate action.
accredited counselor in his country;
Section 33. Effectivity.— This Rule shall take effect on August 22, 2002 following its
d) that he has not been convicted of a crime involving moral turpitude; publication in a newspaper of general circulation.
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support and instill the necessary moral values and
example to all his children, including the child to be adopted;
g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws
and the U. N. Convention on the Rights of the Child, and to abide by the rules and regulations
issued to implement the provisions of Republic Act No. 8043;
h) that he comes from a country with which the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that adoption
of a Filipino child is allowed under his national laws; and
i) that he possesses all the qualifications and none of the disqualifications provided in this
Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.
Section 31. Annexes.— The petition for adoption shall contain the following annexes written
and officially translated in English:
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving
the marriage;
c) Sworn statement of consent of petitioner’s biological or adopted children above ten (10)
years of age;
d) Physical, medical and psychological evaluation of the petitioner certified by a duly licensed
physician and psychologist;
e) Income tax returns or any authentic document showing the current financial capability of
the petitioner;
f) Police clearance of petitioner issued within six (6) months before the filing of the petitioner;
RULE 100: RESCISSION AND REVOCATION OF ADOPTION
Sec. 1. Who may file petition; grounds. - A minor or other incapacitated person may, through
a guardian or guardian ad litem, petition for the rescission or revocation of his or her adoption
for the same causes that authorize the deprivation of parental authority.

The adopter may, likewise, petition the court for the rescission or revocation of the adoption
in any of these cases:

(a) If the adopted person has attempted against the life of the adopter;

(b) When the adopted minor has abandoned the home of the adopter for more than three (3)
years;

(c) When by other acts the adopted person has repudiated the adoption.

Sec. 2. Order to answer. - The court in which the petition is filed shall issue an order requiring
the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof.
The order and a copy of the petition shall be served on the adverse party in such manner as
the court may direct.

Sec. 3. Judgment. - If upon trial, on the day set therefor, the court finds that the allegations of
the petition are true, it shall render judgment ordering the rescission or revocation of the
adoption, with or without costs, as justice requires.

Sec. 4. Service of judgment. - A certified copy of the judgment rendered in accordance with
the next preceding section shall be served upon the civil registrar concerned, within thirty (30)
days from rendition thereof, who shall forthwith enter the action taken by the court in the
register.

Sec. 5. Time within which to file petition. - A minor or other incapacitated person must file the
petition for rescission or revocation of adoption within the five (5) years following his majority,
or if he was incompetent at the time of the adoption, within the years following the recovery
from such incompetency.

The adopter must also file the petition to set aside the adoption within five (5) years from the
time the cause or causes giving rise to the rescission or revocation of the same took place.
RULE 101: PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS
Sec. 1. Venue; Petition for commitment. - A petition for the commitment of a person to a
hospital or other place for the insane may be filed with the Court of First Instance of the
province where the person alleged to be insane is found. The petition shall be filed by the
Director of Health in the all cases where, in his opinion, such commitment is for the public
welfare, or for the welfare of said person who, in his judgment, is insane, and such person or
the one having charged of him is opposed to his being taken to a hospital or other place for
the insane.

Sec. 2. Order for hearing. - If the petition filed is sufficient in form and substance, the court,
by an order reciting the purpose of the petition, shall fix a date for the hearing thereof, and
copy of such order shall be served on the person alleged to be insane, and to the one having
charge of him, or on such of his relatives residing in the province or city as the judge may
deem proper. The court shall furthermore order the sheriff to produce the alleged insane
person, if possible, on the date of the hearing.

Sec. 3. Hearing and judgment. - Upon satisfactory proof, in open court on the date fixed in
the order, that the commitment applied for is for the public welfare or for the welfare of the
insane person, and that his relatives are unable for any reason to take proper custody and
care of him, the court shall order his commitment to such hospital or other place for the
insane as may be recommended by the Director of Health. The court shall make proper
provisions for the custody of property or money belonging to the insane until a guardian be
properly appointed.

Sec. 4. Discharge of insane. - When, in the opinion of the Director of Health, the person
ordered to be committed to a hospital or other place for the insane is temporarily or
permanently cured, or may be released without danger he may file the proper petition with
the Court of First Instance which ordered the commitment.

Sec. 5. Assistance of fiscal in the proceeding. - It shall be the duty of the provincial fiscal or in
the City of Manila the fiscal of the city, to prepare the petition for the Director of Health and
represent him in court in all proceedings arising under the provisions of this rule.