Вы находитесь на странице: 1из 2

Santos vs Republic The Family Code has resolved any possible

Petitioner Santos spouses seek to adopt the 4-year uncertainty. Article 185 thereof now expresses the necessity for
old sickly brother of the wife. It was established that the joint adoption by the spouses except in only two instances: (1)
petitioners are both 32 years of age and have maintained a When one spouse seeks to adopt his own legitimate child; or
conjugal home of their own. They do not have a child of their (2) When one spouse seeks to adopt the legitimate child of the
own blood nor has any one of them been convicted of a crime other.
involving moral turpitude. Luis E. Santos, Jr., is a lawyer, with It is in the foregoing cases when Article 186 of the
business interests in a textile development enterprise and the Code, on the subject of parental authority, can aptly find
IBA electric plant, and is the general manager of Medry Inc. governance. Article 186. In case husband and wife jointly adopt
and the secretary-treasurer of Bearen Enterprises. His co- or one spouse adopts the legitimate child of the other, joint
petitioner-wife is a nurse by profession. The parents of the parental authority shall be exercised by the spouses in
child testified that they entrusted him to the petitioners who accordance with this Code.
reared and brought him up.

Issue: Can a sister adopt her own brother? Republic vs Toledano


Spouses Alvin A. Clouse and Evelyn A. Clouse who
Held: are aliens filed a petition to adopt the minor, Solomon Joseph
Article 335 of the Civil Code enumerates those Alcala. They are physically, mentally, morally, and financially
persons who may not adopt, and it has been shown that capable of adopting Solomon, a twelve (12) year old minor.
petitioners-appellants herein are not among those prohibited Since 1981 to 1984, then from November 2, 1989 up
from adopting. Article 339 of the same code names those who to the present, Solomon Joseph Alcala was and has been
cannot be adopted, and the minor child whose adoption is under the care and custody of private respondents. Solomon
under consideration, is not one of those excluded by the law. gave his consent to the adoption. His mother, Nery Alcala, a
Article 338, on the other hand, allows the adoption of a natural widow, likewise consented to the adoption due to poverty and
child by the natural father or mother, of other illegitimate inability to support and educate her son. The RTC granted the
children by their father or mother, and of a step-child by the petition.
step-father or stepmother. This last article is, of course,
necessary to remove all doubts that adoption is not prohibited Issue: Can the spouses adopt Solomon?
even in these cases where there already exist a relationship of
parent and child between them by nature. To say that adoption Held:
should not be allowed when the adopter and the adopted are Under Articles 184 and 185 of Executive Order (E.O.)
related to each other, except in these cases enumerated in No. 209, otherwise known as "The Family Code of the
Article 338, is to preclude adoption among relatives no matter Philippines", private respondents spouses Clouse are clearly
how far removed or in whatever degree that relationship might barred from adopting Solomon Joseph Alcala.
be, which in our opinion is not the policy of the law. The Article 184, paragraph (3) of Executive Order No. 209
interest and welfare of the child to be adopted should be of expressly enumerates the persons who are not qualified to
paramount consideration. adopt, viz.: (3) An alien, except: (a) A former Filipino citizen
who seeks to adopt a relative by consanguinity; (b) One who
seeks to adopt the legitimate child of his or her Filipino spouse;
Republic vs Court of Appeals or (c) One who is married to a Filipino citizen and seeks to
James Hughes, a natural born citizen of the United adopt jointly with his or her spouse a relative by consanguinity
States of America, married Lenita Mabunay, a Filipino Citizen, of the latter. Aliens not included in the foregoing exceptions
who herself was later naturalized as a citizen of that country. may adopt Filipino children in accordance with the rules on
The spouses jointly filed a petition with the RTC to adopt the inter-country adoption as may be provided by law.
minor niece and nephews of Lenita, who had been living with Private respondent Evelyn A. Clouse, on the other
the couple even prior to the filing of the petition. The minors, as hand, may appear to qualify pursuant to paragraph 3(a) of
well as their parents, gave consent to the adoption. The RTC Article 184 of E.O. 209. She was a former Filipino citizen. She
rendered a decision granting the petition. sought to adopt her younger brother. Unfortunately, the petition
for adoption cannot be granted in her favor alone without
Issue: Can the spouses adopt the minors? violating Article 185 which mandates a joint adoption by the
husband and wife. It reads: Article 185. Husband and wife must
Held: jointly adopt, except in the following cases: (1) When one
While James Anthony unquestionably is not permitted spouse seeks to adopt his own illegitimate child; or (2) When
to adopt under any of the exceptional cases enumerated in one spouse seeks to adopt the legitimate child of the other.
paragraph (3) of the aforequoted article, Lenita, however, can Article 185 requires a joint adoption by the husband and wife, a
qualify pursuant to paragraph (3)(a). Lenita may not thus adopt condition that must be read along together with Article 184.
alone since Article 185 requires a joint adoption by the
husband and the wife, a condition that must be read along Cang vs Court of Appeals
together with Article 184. Art 185 provides: Art. 185. Husband Petitioner Herbert Cang and Anna Marie Clavano who
and wife must jointly adopt, except in the following cases: (1) were married, begot three children. During the early years of
When one spouse seeks to adopt his own illegitimate child; or their marriage, the Cang couple's relationship was undisturbed.
(2) When one spouse seeks to adopt the legitimate child of the Not long thereafter, however, Anna Marie learned of her
other. husband's alleged extramarital affair. Anna Marie subsequently
As amended by Executive Order 91, filed a petition for legal separation which was granted. They
Presidential Decree No. 603, had thus made it mandatory for had an agreement for support of the children and that Anna
both the spouses to jointly adopt when one of them was an Marie can enter into agreements without the written consent of
alien. The law was silent when both spouses were of the same Herbert. Petitioner left for the US.
nationality. Meanwhile, the brother and sister-in-law of Anna
Marie filed for the adoption of the 3 minor Cang children. Upon
learning of the adoption, Herbert went back to the Philippines It is undisputed that respondent Conrado Fajardo is
to contest it, but the petition for adoption was granted by the legally married to a woman other than respondent Gina
court. Carreon, and his relationship with the latter is a common-law
husband and wife relationship. His open cohabitation with co-
Issue: Can minor children be legally adopted without the respondent Gina Carreon will not accord the minor that
written consent of a natural parent on the ground that the latter desirable atmosphere where she can grow and develop into an
has abandoned them? upright and moral-minded person. Besides, respondent Gina
Carreon had previously given birth to another child by another
Held: married man with whom she lived for almost three (3) years but
Article 256 of the Family Code provides for its who eventually left her and vanished. Upon the other hand,
retroactivity "insofar as it does not prejudice or impair vested or petitioners who are legally married appear to be morally,
acquired rights in accordance with the Civil Code or other physically, financially, and socially capable of supporting the
laws." As amended by the Family Code, the statutory provision minor and giving her a future better than what the natural
on consent for adoption now reads: Art. 188. The written mother, whp is not only jobless but also maintains an illicit
consent of the following to the adoption shall be necessary: (2) relation with a married man, can most likely give her.
the parents by nature of the child, the legal guardian, or the Besides, the minor has been legally adopted by
proper government instrumentality. petitioners with the full knowledge and consent of respondents.
Based on the foregoing, it is thus evident that A decree of adoption has the effect, among others, of
notwithstanding the amendments to the law, the written dissolving the authority vested in natural parents over the
consent of the natural parent to the adoption has remained a adopted child, except where the adopting parent is the spouse
requisite for its validity. of the natural parent of the adopted, in which case, parental
As clearly inferred from the foregoing provisions of authority over the adopted shall be exercised jointly by both
law, the written consent of the natural parent is indispensable spouses. The adopting parents have the right to the care and
for the validity of the decree of adoption. Nevertheless, the custody of the adopted child and exercise parental authority
requirement of written consent can be dispensed with if the and responsibility over him.
parent has abandoned the child or that such parent is "insane
or hopelessly intemperate." Sayson vs Court of Appeals
In the instant case, records disclose that petitioner's Eleno and Rafaela Sayson begot five children,
conduct did not manifest a settled purpose to forego all namely, Mauricio, Rosario, Basilisa, Remedios and Teodoro.
parental duties and relinquish all parental claims over his Eleno died on November 10, 1952, and Rafaela on May 15,
children as to, constitute abandonment. Physical estrangement 1976. Teodoro, who had married Isabel Bautista, died on
alone, without financial and moral desertion, is not tantamount March 23, 1972. His wife died nine years later. Their properties
to abandonment. While admittedly, petitioner was physically were left in the possession of Delia, Edmundo, and Doribel, all
absent as he was then in the United States, he was not remiss surnamed Sayson, who claim to be their children.
in his natural and legal obligations of love, care and support for Mauricio, Rosario, Basilisa, and Remedios, together
his children. He maintained regular communication with his with Juana C. Bautista, Isabel's mother, filed a complaint for
wife and children through letters and telephone. He used to partition and accounting of the intestate estate of Teodoro and
send packages by mail and catered to their whims. Isabel Sayson. Delia, Edmundo and Doribel filed their own
complaint, this time for the accounting and partition of the
Cervantes vs Fajardo intestate estate of Eleno and Rafaela Sayson, against the
The minor was born to respondents Conrado Fajardo couple's four surviving children.
and Gina Carreon, who are common-law husband and wife. Both cases were decided in favor Delia, et al on the
Respondents offered the child for adoption to Gina Carreon's basis of practically the same evidence. The Judge declared in
sister and brother-in-law, the herein petitioners Zenaida his decision that Delia and Edmundo were the legally adopted
Carreon-Cervantes and Nelson Cervantes, spouses, who took children of Teodoro and Isabel Sayson by virtue of the decree
care and custody of the child when she was barely two (2) of adoption. Doribel was their legitimate daughter as evidenced
weeks old. An Affidavit of Consent to the adoption of the child by her birth certificate. Consequently, the three children were
by herein petitioners, was also executed by respondent Gina entitled to inherit from Eleno and Rafaela by right of
Carreon. representation.
The adoptive parents received a letter from the
respondents demanding to be paid the amount of Held:
P150,000.00, otherwise, they would get back their child. In consequence of the above observations, we hold
Petitioners refused to accede to the demand. Subsequently, that Doribel, as the legitimate daughter of Teodoro and Isabel
the respondents took the child. Sayson, and Delia and Edmundo, as their adopted children,
are the exclusive heirs to the intestate estate of the deceased
Issue: Can respondents take back their child? couple, conformably to the following Article 979 of the Civil
Code: Art. 979. Legitimate children and their descendants
Held: succeed the parents and other ascendants, without distinction
In all cases involving the custody, care, education and as to sex or age, and even if they should come from different
property of children, the latter's welfare is paramount. The marriages. An adopted child succeeds to the property of the
provision that no mother shall be separated from a child under adopting parents in the same manner as a legitimate child.
five (5) years of age, will not apply where the Court finds There is no question that as the legitimate daughter of
compelling reasons to rule otherwise. In all controversies Teodoro and thus the granddaughter of Eleno and Rafaela,
regarding the custody of minors, the foremost consideration is Doribel has a right to represent her deceased father in the
the moral, physical and social welfare of the child concerned, distribution of the intestate estate of her grandparents. Under
taking into account the resources and moral as well as social Article 981, quoted above, she is entitled to the share her
standing of the contending parents. Never has this Court father would have directly inherited had he survived, which
deviated from this criterion. shall be equal to the shares of her grandparents' other
children.