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(iii) Protect adoptive parent(s) from attempts to disturb (f) "Supervised trial custody" is a period of time within
his/her parental authority and custody over his/her which a social worker oversees the adjustment and
adopted child. emotional readiness of both adopter(s) and adoptee in
stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Section 5. Location of Unknown Parent(s). – It
Welfare and Development. shall be the duty of the Department or the child-placing
or child-caring agency which has custody of the child to
(h) "Child-placing agency" is a duly licensed and exert all efforts to locate his/her unknown biological
accredited agency by the Department to provide parent(s). If such efforts fail, the child shall be registered
comprehensive child welfare services including, but not as a foundling and subsequently be the subject of legal
limited to, receiving applications for adoption, evaluating proceedings where he/she shall be declared abandoned.
the prospective adoptive parents, and preparing the
adoption home study. Section 6. Support Services. – The Department shall
develop a pre-adoption program which shall include,
(i) "Child-caring agency" is a duly licensed and among others, the above mentioned services.
accredited agency by the Department that provides
twenty four (24)-hour residential care services for ARTICLE III
abandoned, orphaned, neglected, or voluntarily ELIGIBILITY
committed children.
Section 7. Who May Adopt. – The following may
(j) "Simulation of birth" is the tampering of the civil adopt:
registry making it appear in the birth records that a
certain child was born to a person who is not his/her (a) Any Filipino citizen of legal age, in possession of full
biological mother, causing such child to lose his/her true civil capacity and legal rights, of good moral character,
identity and status. has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of
ARTICLE II caring for children, at least sixteen (16) years older than
PRE-ADOPTION SERVICES the adoptee, and who is in a position to support and care
for his/her children in keeping with the means of the
Section 4. Counseling Service. – The Department family. The requirement of sixteen (16) year difference
shall provide the services of licensed social workers to between the age of the adopter and adoptee may be
the following: waived when the adopter is the biological parent of the
adoptee, or is the spouse of the adoptee's parent;
(a) Biological Parent(s) – Counseling shall be provided to
the parent(s) before and after the birth of his/her child. (b) Any alien possessing the same qualifications as above
No binding commitment to an adoption plan shall be stated for Filipino nationals: Provided, That his/her
permitted before the birth of his/her child. A period of six country has diplomatic relations with the Republic of the
(6) months shall be allowed for the biological parent(s) to Philippines, that he/she has been living in the Philippines
reconsider any decision to relinquish his/her child for for at least three (3) continuous years prior to the filing
adoption before the decision becomes irrevocable. of the application for adoption and maintains such
Counseling and rehabilitation services shall also be residence until the adoption decree is entered, that
offered to the biological parent(s) after he/she has he/she has been certified by his/her diplomatic or
relinquished his/her child for adoption. consular office or any appropriate government agency
that he/she has the legal capacity to adopt in his/her
Steps shall be taken by the Department to ensure that no country, and that his/her government allows the adoptee
hurried decisions are made and all alternatives for the to enter his/her country as his/her adopted
child's future and the implications of each alternative son/daughter: Provided, Further, That the requirements
have been provided. on residency and certification of the alien's qualification
to adopt in his/her country may be waived for the
(b) Prospective Adoptive Parent(s) – Counseling sessions, following:
adoption fora and seminars, among others, shall be
provided to prospective adoptive parent(s) to resolve (i) a former Filipino citizen who seeks to adopt a relative
possible adoption issues and to prepare him/her for within the fourth (4th) degree of consanguinity or affinity;
effective parenting. or
(c) Prospective Adoptee – Counseling sessions shall be (ii) one who seeks to adopt the legitimate son/daughter
provided to ensure that he/she understands the nature of his/her Filipino spouse; or
and effects of adoption and is able to express his/her
views on adoption in accordance with his/her age and (iii) one who is married to a Filipino citizen and seeks to
level of maturity. 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 (c) The legitimate and adopted sons/daughters, ten (10)
termination of the guardianship and clearance of his/her years of age or over, of the adopter(s) and adoptee, if
financial accountabilities. any;
Husband and wife shall jointly adopt, except in the (d) The illegitimate sons/daughters, ten (10) years of age
following cases: or over, of the adopter if living with said adopter and the
latter's spouse, if any; and
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or (e) The spouse, if any, of the person adopting or to be
adopted.
(ii) if one spouse seeks to adopt his/her own illegitimate
son/daughter: Provided, However, that the other spouse ARTICLE IV
has signified his/her consent thereto; or PROCEDURE
(iii) if the spouses are legally separated from each other. Section 10. Hurried Decisions. – In all proceedings
for adoption, the court shall require proof that the
In case husband and wife jointly adopt, or one spouse biological parent(s) has been properly counseled to
adopts the illegitimate son/daughter of the other, joint prevent him/her from making hurried decisions caused
parental authority shall be exercised by the spouses. by strain or anxiety to give up the child, and to sustain
that all measures to strengthen the family have been
Section 8. Who May Be Adopted. – The following exhausted and that any prolonged stay of the child in
may be adopted: his/her own home will be inimical to his/her welfare and
interest.
(a) Any person below eighteen (18) years of age who has
been administratively or judicially declared available for Section 11. Case Study. – No petition for adoption
adoption; shall be set for hearing unless a licensed social worker of
the Department, the social service office of the local
(b) The legitimate son/daughter of one spouse by the government unit, or any child-placing or child-caring
other spouse; agency has made a case study of the adoptee, his/her
biological parent(s), as well as the adopter(s), and has
(c) An illegitimate son/daughter by a qualified adopter to submitted the report and recommendations on the
improve his/her status to that of legitimacy; matter to the court hearing such petition.
(d) A person of legal age if, prior to the adoption, said At the time of preparation of the adoptee's case study,
person has been consistently considered and treated by the concerned social worker shall confirm with the Civil
the adopter(s) as his/her own child since minority; Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not registered
(e) A child whose adoption has been previously rescinded; with the Civil Registry, it shall be the responsibility of the
or concerned social worker to ensure that the adoptee is
registered.
(f) A child whose biological or adoptive parent(s) has
died: Provided, That no proceedings shall be initiated The case study on the adoptee shall establish that he/she
within six (6) months from the time of death of said is legally available for adoption and that the documents
parent(s). to support this fact are valid and authentic. Further, the
case study of the adopter(s) shall ascertain his/her
genuine intentions and that the adoption is in the best
Section 9. Whose Consent is Necessary to the
interest of the child.
Adoption. – After being properly counseled and
informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the The Department shall intervene on behalf of the adoptee
following to the adoption is hereby required: if it finds, after the conduct of the case studies, that the
petition should be denied. The case studies and other
relevant documents and records pertaining to the
(a) The adoptee, if ten (10) years of age or over;
adoptee and the adoption shall be preserved by the
Department.
(b) The biological parent(s) of the child, if known, or the
legal guardian, or the proper government instrumentality
Section 12. Supervised Trial Custody. – No petition
which has legal custody of the child;
for adoption shall be finally granted until the adopter(s)
has been given by the court a supervised trial custody
period for at least six (6) months within which the parties necessary information to be released, restricting the
are expected to adjust psychologically and emotionally to purposes for which it may be used.
each other and establish a bonding relationship. During
said period, temporary parental authority shall be vested ARTICLE V
in the adopter(s). EFFECTS OF ADOPTION
The court may motu proprio or upon motion of any party Section 16. Parental Authority. – Except in cases
reduce the trial period if it finds the same to be in the where the biological parent is the spouse of the adopter,
best interest of the adoptee, stating the reasons for the all legal ties between the biological parent(s) and the
reduction of the period. However, for alien adopter(s), adoptee shall be severed and the same shall then be
he/she must complete the six (6)-month trial custody vested on the adopter(s).
except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
Section 17. Legitimacy. – The adoptee shall be
If the child is below seven (7) years of age and is placed considered the legitimate son/daughter of the adopter(s)
with the prospective adopter(s) through a pre-adoption for all intents and purposes and as such is entitled to all
placement authority issued by the Department, the the rights and obligations provided by law to legitimate
prospective adopter(s) shall enjoy all the benefits to sons/daughters born to them without discrimination of
which biological parent(s) is entitled from the date the any kind. To this end, the adoptee is entitled to love,
adoptee is placed with the prospective adopter(s). guidance, and support in keeping with the means of the
family.
Section 13. Decree of Adoption. – If, after the
publication of the order of hearing has been complied Section 18. Succession. – In legal and intestate
with, and no opposition has been interposed to the succession, the adopter(s) and the adoptee shall have
petition, and after consideration of the case studies, the reciprocal rights of succession without distinction from
qualifications of the adopter(s), trial custody report and legitimate filiation. However, if the adoptee and his/her
the evidence submitted, the court is convinced that the biological parent(s) had left a will, the law on
petitioners are qualified to adopt, and that the adoption testamentary succession shall govern.
would redound to the best interest of the adoptee, a
decree of adoption shall be entered which shall be ARTICLE VI
effective as of the date the original petition was filed. RESCISSION OF ADOPTION
This provision shall also apply in case the petitioner(s)
dies before the issuance of the decree of adoption to Section 19. Grounds for Rescission of Adoption. –
protect the interest of the adoptee. The decree shall Upon petition of the adoptee, with the assistance of the
state the name by which the child is to be known. Department if a minor or if over eighteen (18) years of
age but is incapacitated, as guardian/counsel, the
Section 14. Civil Registry Record. – An amended adoption may be rescinded on any of the following
certificate of birth shall be issued by the Civil Registry, as grounds committed by the adopter(s): (a) repeated
required by the Rules of Court, attesting to the fact that physical and verbal maltreatment by the adopter(s)
the adoptee is the child of the adopter(s) by being despite having undergone counseling; (b) attempt on the
registered with his/her surname. The original certificate life of the adoptee; (c) sexual assault or violence; or (d)
of birth shall be stamped "cancelled" with the annotation abandonment and failure to comply with parental
of the issuance of an amended birth certificate in its obligations.
place and shall be sealed in the civil registry records. The
new birth certificate to be issued to the adoptee shall not Adoption, being in the best interest of the child, shall not
bear any notation that it is an amended issue. be subject to rescission by the adopter(s). However, the
adopter(s) may disinherit the adoptee for causes
Section 15. Confidential Nature of Proceedings provided in Article 919 of the Civil Code.
and Records. – All hearings in adoption cases shall be
confidential and shall not be open to the public. All Section 20. Effects of Rescission. – If the petition is
records, books, and papers relating to the adoption cases granted, the parental authority of the adoptee's
in the files of the court, the Department, or any other biological parent(s), if known, or the legal custody of the
agency or institution participating in the adoption Department shall be restored if the adoptee is still a
proceedings shall be kept strictly confidential. minor or incapacitated. The reciprocal rights and
obligations of the adopter(s) and the adoptee to each
If the court finds that the disclosure of the information to other shall be extinguished.
a third person is necessary for purposes connected with
or arising out of the adoption and will be for the best
interest of the adoptee, the court may merit the
The court shall order the Civil Registrar to cancel the A penalty lower by two (2) degrees than that prescribed
amended certificate of birth of the adoptee and restore for the consummated offense under this Article shall be
his/her original birth certificate. imposed upon the principals of the attempt to commit
any of the acts herein enumerated. Acts punishable
Succession rights shall revert to its status prior to under this Article, when committed by a syndicate or
adoption, but only as of the date of judgment of judicial where it involves two (2) or more children shall be
rescission. Vested rights acquired prior to judicial considered as an offense constituting child trafficking
rescission shall be respected. and shall merit the penalty of reclusion perpetua.
All the foregoing effects of rescission of adoption shall be Acts punishable under this Article are deemed committed
without prejudice to the penalties imposable under the by a syndicate if carried out by a group of three (3) or
Penal Code if the criminal acts are properly proven. more persons conspiring and/or confederating with one
another in carrying out any of the unlawful acts defined
ARTICLE VII under this Article. Penalties as are herein provided, shall
VIOLATIONS AND PENALTIES be in addition to any other penalties which may be
imposed for the same acts punishable under other laws,
Section 21. Violations and Penalties. – (a) The ordinances, executive orders, and proclamations.
penalty of imprisonment ranging from six (6) years and
one (1) day to twelve (12) years and/or a fine not less When the offender is an alien, he/she shall be deported
than Fifty thousand pesos (P50,000.00), but not more immediately after service of sentence and perpetually
than Two hundred thousand pesos (P200,000.00) at the excluded from entry to the country.
discretion of the court shall be imposed on any person
who shall commit any of the following acts: Any government official, employee or functionary who
shall be found guilty of violating any of the provisions of
(i) obtaining consent for an adoption through coercion, this Act, or who shall conspire with private individuals
undue influence, fraud, improper material inducement, shall, in addition to the above-prescribed penalties, be
or other similar acts; penalized in accordance with existing civil service laws,
rules and regulations: Provided, That upon the filing of a
(ii) non-compliance with the procedures and safeguards case, either administrative or criminal, said government
provided by the law for adoption; or official, employee, or functionary concerned shall
automatically suffer suspension until the resolution of the
(iii) subjecting or exposing the child to be adopted to case.
danger, abuse, or exploitation.
Section 22. Rectification of Simulated Births. – A
(b) Any person who shall cause the fictitious registration person who has, prior to the effectivity of this Act,
of the birth of a child under the name(s) of a person(s) simulated the birth of a child shall not be punished for
who is not his/her biological parent(s) shall be guilty of such act: Provided, That the simulation of birth was
simulation of birth, and shall be punished by prision made for the best interest of the child and that he/she
mayor in its medium period and a fine not exceeding Fifty has been consistently considered and treated by that
thousand pesos (P50,000.00). person as his/her own son/daughter: Provided,
further, That the application for correction of the birth
Any physician or nurse or hospital personnel who, in registration and petition for adoption shall be filed within
violation of his/her oath of office, shall cooperate in the five (5) years from the effectivity of this Act and
execution of the abovementioned crime shall suffer the completed thereafter: Provided, finally, That such person
penalties herein prescribed and also the penalty of complies with the procedure as specified in Article IV of
permanent disqualification. this Act and other requirements as determined by the
Department.
Any person who shall violate established regulations
relating to the confidentiality and integrity of records, ARTICLE VIII
documents, and communications of adoption FINAL PROVISIONS
applications, cases, and processes shall suffer the
penalty of imprisonment ranging from one (1) year and Section 23. Adoption Resource and Referral
one (1) day to two (2) years, and/or a fine of not less Office. – There shall be established an Adoption
than Five thousand pesos (P5,000.00) but not more than Resources and Referral Office under the Department
Ten thousand pesos (P10,000.00), at the discretion of with the following functions: (a) monitor the existence,
the court. number, and flow of children legally available for
adoption and prospective adopter(s) so as to facilitate
their matching; (b) maintain a nationwide information
and educational campaign on domestic adoption; (c) recognizing that inter-country adoption may be
keep records of adoption proceedings; (d) generate considered as allowing aliens not presently allowed by
resources to help child-caring and child-placing agencies law to adopt Filipino children if such children cannot
and foster homes maintain viability; and (e) do policy be adopted by qualified Filipino citizens or aliens, the
research in collaboration with the Intercountry Adoption State shall take measures to ensure that inter-country
Board and other concerned agencies. The office shall be adoptions are allowed when the same shall prove
manned by adoption experts from the public and private beneficial to the child's best interests, and shall serve
sectors. and protect his/her fundamental rights.
(i) a former Filipino citizen who seeks to adopt a relative The fact that Olario gave his consent to the adoption as
within the fourth (4th) degree of consanguinity or affinity; shown in his Affidavit of Consent does not suffice. There
or are certain requirements that Olario must comply being
an American citizen. He must meet the qualifications set
(ii) one who seeks to adopt the legitimate son/daughter forth in Section 7 of RA 8552 such as: (1) he must prove
of his/her Filipino spouse; or that his country has diplomatic relations with the
Republic of the Philippines; (2) he must have been living
(iii) one who is married to a Filipino citizen and seeks to in the Philippines for at least three continuous years prior
adopt jointly with his/her spouse a relative within the to the filing of the application for adoption; (3) he must
fourth (4th) degree of consanguinity or affinity of the maintain such residency until the adoption decree is
Filipino spouses; or entered; (4) he has legal capacity to adopt in his own
country; and (5) the adoptee is allowed to enter the
(c) The guardian with respect to the ward after the adopter’s country as the latter’s adopted child. None of
termination of the guardianship and clearance of his/her these qualifications were shown and proved during the
financial accountabilities. trial.
Husband and wife shall jointly adopt, except in the These requirements on residency and certification of the
following cases: alien’s qualification to adopt cannot likewise be waived
pursuant to Section 7. The children or adoptees are not
(i) if one spouse seeks to adopt the legitimate relatives within the fourth degree of consanguinity or
son/daughter of the other; or affinity of petitioner or of Olario. Neither are the
adoptees the legitimate children of petitioner.
(ii) if one spouse seeks to adopt his/her own illegitimate
son/daughter: Provided, however, That the other spouse Effects of Adoption
has signified his/her consent thereto; or
Petitioner contends that joint parental authority is not
(iii) if the spouses are legally separated from each other. anymore necessary since the children have been
emancipated having reached the age of majority. This is
In case husband and wife jointly adopt, or one spouse untenable.
adopts the illegitimate son/daughter of the other, joint
parental authority shall be exercised by the spouses. Parental authority includes caring for and rearing the
(Emphasis supplied) children for civic consciousness and efficiency and the
development of their moral, mental and physical
character and well-being.13 The father and the mother
shall jointly exercise parental authority over the persons parental authority, the adoptee is still considered a
of their common children.14 Even the remarriage of the legitimate child of the adopter with all the rights 19 of a
surviving parent shall not affect the parental authority legitimate child such as: (1) to bear the surname of the
over the children, unless the court appoints another father and the mother; (2) to receive support from their
person to be the guardian of the person or property of parents; and (3) to be entitled to the legitime and other
the children.15 successional rights. Conversely, the adoptive parents
shall, with respect to the adopted child, enjoy all the
It is true that when the child reaches the age of benefits to which biological parents are entitled20 such as
emancipation — that is, when he attains the age of support21 and successional rights.22
majority or 18 years of age16 — emancipation terminates
parental authority over the person and property of the We are mindful of the fact that adoption statutes, being
child, who shall then be qualified and responsible for all humane and salutary, hold the interests and welfare of
acts of civil life.17 However, parental authority is merely the child to be of paramount consideration. They are
just one of the effects of legal adoption. Article V of RA designed to provide homes, parental care and education
8552 enumerates the effects of adoption, thus: for unfortunate, needy or orphaned children and give
them the protection of society and family, as well as to
ARTICLE V allow childless couples or persons to experience the joys
EFFECTS OF ADOPTION of parenthood and give them legally a child in the person
of the adopted for the manifestation of their natural
SEC. 16. Parental Authority. - Except in parental instincts. Every reasonable intendment should
cases where the biological parent is the be sustained to promote and fulfill these noble and
spouse of the adopter, all legal ties compassionate objectives of the law. 23 But, as we have
between the biological parent(s) and the ruled in Republic v. Vergara:24
adoptee shall be severed and the same
shall then be vested on the adopter(s). We are not unmindful of the main purpose of adoption
statutes, which is the promotion of the welfare of the
SEC. 17. Legitimacy. - The adoptee shall children. Accordingly, the law should be construed
be considered the legitimate liberally, in a manner that will sustain rather than defeat
son/daughter of the adopter(s) for all said purpose. The law must also be applied with
intents and purposes and as such is compassion, understanding and less severity in view of
entitled to all the rights and obligations the fact that it is intended to provide homes, love, care
provided by law to legitimate and education for less fortunate children. Regrettably,
sons/daughters born to them without the Court is not in a position to affirm the trial court’s
discrimination of any kind. To this end, decision favoring adoption in the case at bar, for the
the adoptee is entitled to love, guidance, law is clear and it cannot be modified without
and support in keeping with the means violating the proscription against judicial
of the family. legislation. Until such time however, that the law on
the matter is amended, we cannot sustain the
SEC. 18. Succession. - In legal and respondent-spouses’ petition for adoption. (Emphasis
intestate succession, the adopter(s) and supplied)1avvphi1.zw+
the adoptee shall have reciprocal rights
of succession without distinction from Petitioner, being married at the time the petitions for
legitimate filiation. However, if the adoption were filed, should have jointly filed the petitions
adoptee and his/her biological parent(s) with her husband. We cannot make our own legislation
had left a will, the law on testamentary to suit petitioner.
succession shall govern.
Petitioner, in her Memorandum, insists that subsequent
Adoption has, thus, the following effects: (1) sever all events would show that joint adoption could no longer be
legal ties between the biological parent(s) and the possible because Olario has filed a case for dissolution of
adoptee, except when the biological parent is the spouse his marriage to petitioner in the Los Angeles Superior
of the adopter; (2) deem the adoptee as a legitimate Court.
child of the adopter; and (3) give adopter and adoptee
reciprocal rights and obligations arising from the We disagree. The filing of a case for dissolution of the
relationship of parent and child, including but not limited marriage between petitioner and Olario is of no moment.
to: (i) the right of the adopter to choose the name the It is not equivalent to a decree of dissolution of marriage.
child is to be known; and (ii) the right of the adopter and Until and unless there is a judicial decree for the
adoptee to be legal and compulsory heirs of each dissolution of the marriage between petitioner and Olario,
other.18 Therefore, even if emancipation terminates the marriage still subsists. That being the case, joint
adoption by the husband and the wife is required. We
reiterate our ruling above that since, at the time the
petitions for adoption were filed, petitioner was married
to Olario, joint adoption is mandatory.
SO ORDERED.
ANTONIO T. CARPIO
Associate Justice
Assailed in this petition for review on certiorari under On March 5, 2002, the court ordered the Department of
Rule 45 of the Rules of Court is the Decision1 of the Court Social Welfare and Development (DSWD) to conduct a
of Appeals in CA-G.R. CV No. 77826 which reversed the case study as mandated by Article 34 of Presidential
Decision2 of the Regional Trial Court (RTC) of Tarlac City, Decree No. 603, as amended, and to submit a report
Branch 63 in Civil Case No. 2733 granting the Petition for thereon not later than April 4, 2002, the date set for the
Adoption of the petitioner herein. initial hearing of the petition.11 The Office of the Solicitor
General (OSG) entered its appearance12 but deputized
The Antecedents the City Prosecutor of Tarlac to appear in its
behalf.13 Since her petition was unopposed, petitioner
On February 4, 2002, Diwata Ramos Landingin, a citizen was allowed to present her evidence ex parte. 14
of the United States of America (USA), of Filipino
parentage and a resident of Guam, USA, filed a The petitioner testified in her behalf. She also presented
petition3 for the adoption of minors Elaine Dizon Ramos Elaine Ramos, the eldest of the adoptees, to testify on
who was born on August 31, 1986;4 Elma Dizon Ramos, the written consent executed by her and her
who was born on September 7, 1987;5 and Eugene Dizon siblings.15 The petitioner marked in evidence the Affidavit
Ramos who was born on August 5, 1989. 6 The minors of Consent purportedly executed by her children Ann,
are the natural children of Manuel Ramos, petitioner’s Errol, Dennis and Ricfel Branitley, all surnamed Landingin,
brother, and Amelia Ramos. and notarized by a notary public in Guam, USA, as proof
of said consent.16
Landingin, as petitioner, alleged in her petition that when
Manuel died on May 19, 1990, 7 the children were left to On May 24, 2002, Elizabeth Pagbilao, Social Welfare
their paternal grandmother, Maria Taruc Ramos; their Officer II of the DSWD, Field Office III, Tarlac, submitted
biological mother, Amelia, went to Italy, re-married there a Child Study Report, with the following
and now has two children by her second marriage and no recommendation:
longer communicated with her children by Manuel Ramos
nor with her in-laws from the time she left up to the In view of the foregoing, undersigned finds minors Elaine,
institution of the adoption; the minors are being Elma & Eugene all surnamed Ramos, eligible for adoption
financially supported by the petitioner and her children, because of the following reasons:
and relatives abroad; as Maria passed away on
November 23, 2000, petitioner desires to adopt the 1. Minors’ surviving parent, the mother has voluntarily
children; the minors have given their written consent8 to consented to their adoption by the paternal aunt, Diwata
the adoption; she is qualified to adopt as shown by the Landingin this is in view of her inability to provide the
fact that she is a 57-year-old widow, has children of her parental care, guidance and support they need. An
own who are already married, gainfully employed and Affidavit of Consent was executed by the mother which is
have their respective families; she lives alone in her own hereto attached.
home in Guam, USA, where she acquired citizenship, and
works as a restaurant server. She came back to the 2. The three minors subject for adoption have also
Philippines to spend time with the minors; her children expressed their willingness to be adopted and joins the
gave their written consent9 to the adoption of the minors. petitioners in Guam, USA in the future. A joint Affidavit of
Petitioner’s brother, Mariano Ramos, who earns consent is hereto attached. The minors developed close
substantial income, signified his willingness and attachment to the petitioners and they regarded her as
commitment to support the minors while in petitioner’s second parent.
custody.
3. The minors are present under the care of a temporary
Petitioner prayed that, after due hearing, judgment be guardian who has also family to look after. As young
rendered in her favor, as follows: adolescents they really need parental love, care,
guidance and support to ensure their protection and well
WHEREFORE, it is most respectfully prayed to this being.
Honorable Court that after publication and hearing,
judgment be rendered allowing the adoption of the minor
In view of the foregoing, it is hereby respectfully surnames of the children be changed from
recommended that minors Elaine D. Ramos, Elma D. "Dizon-Ramos" to "Ramos-Landingin."
Ramos and Eugene D. Ramos be adopted by their
maternal aunt Diwata Landingin. Trial custody is hereby Let a copy of this decision be furnished the Local Civil
further recommended to be dispensed with considering Registrar of Tarlac, Tarlac for him to effect the
that they are close relatives and that close attachments corresponding changes/amendment in the birth
was already developed between the petitioner and the 3 certificates of the above-mentioned minors.
minors.17
SO ORDERED.19
Pagbilao narrated what transpired during her interview,
as follows: The OSG appealed20 the decision to the Court of Appeals
on December 2, 2002. In its brief21 for the
The mother of minors came home together with her son oppositor-appellant, the OSG raised the following
John Mario, this May 2002 for 3 weeks vacation. This is to arguments:
enable her appear for the personal interview concerning
the adoption of her children. I
The plan for the adoption of minors by their paternal THE TRIAL COURT ERRED IN
aunt Diwata Landingin was conceived after the death of GRANTING THE PETITION FOR
their paternal grandmother and guardian. The paternal ADOPTION DESPITE THE LACK OF
relatives including the petitioner who attended the wake CONSENT OF THE PROPOSED
of their mother were very much concerned about the ADOPTEES’ BIOLOGICAL MOTHER.
well-being of the three minors. While preparing for their
adoption, they have asked a cousin who has a family to II
stay with minors and act as their temporary guardian.
THE TRIAL COURT ERRED IN
The mother of minors was consulted about the adoption GRANTING THE PETITION FOR
plan and after weighing the benefits of adoption to her ADOPTION DESPITE THE LACK OF THE
children, she voluntarily consented. She realized that her WRITTEN CONSENT OF THE
children need parental love, guidance and support which PETITIONER’S CHILDREN AS REQUIRED
she could not provide as she already has a second family BY LAW.
& residing in Italy. Knowing also that the petitioners &
her children have been supporting her children up to the III
present and truly care for them, she believes her children
will be in good hands. She also finds petitioners in a THE TRIAL COURT ERRED IN
better position to provide a secured and bright future to GRANTING THE PETITION FOR
her children.18 ADOPTION DESPITE PETITIONER’S
FAILURE TO ESTABLISH THAT SHE IS
However, petitioner failed to present Pagbilao as witness IN A POSITION TO SUPPORT THE
and offer in evidence the voluntary consent of Amelia PROPOSED ADOPTEES.
Ramos to the adoption; petitioner, likewise, failed to
present any documentary evidence to prove that Amelia On April 29, 2004, the CA rendered a decision22 reversing
assents to the adoption. the ruling of the RTC. It held that petitioner failed to
adduce in evidence the voluntary consent of Amelia
On November 23, 2002, the court, finding merit in the Ramos, the children’s natural mother. Moreover, the
petition for adoption, rendered a decision granting said affidavit of consent of the petitioner’s children could not
petition. The dispositive portion reads: also be admitted in evidence as the same was executed
in Guam, USA and was not authenticated or
WHEREFORE, it is hereby ordered that henceforth, acknowledged before a Philippine consular office, and
minors Elaine Dizon Ramos, Elma Dizon Ramos, Eugene although petitioner has a job, she was not stable enough
Dizon Ramos be freed from all legal obligations to support the children. The dispositive portion of the CA
obedience and maintenance from their natural parents decision reads:
and that they be declared for all legal intents and
purposes the children of Diwata Ramos Landingin. Trial WHEREFORE, premises considered, the appealed
custody is dispensed with considering that decision dated November 25, 2002 of the Regional Trial
parent-children relationship has long been established Court, Branch 63, Tarlac City in Spec. Proc. No. 2733 is
between the children and the adoptive parents. Let the hereby REVERSED and SET ASIDE.
SO ORDERED.23 misinterpreted as to extend to inferences beyond the
contemplation of law and jurisprudence. Thus, the
Petitioner filed a Motion for Reconsideration24 on May 21, discretion to approve adoption proceedings is not to be
2004, which the CA denied in its Resolution dated August anchored solely on best interests of the child but likewise,
12, 2004.25 with due regard to the natural rights of the parents over
the child.31
Petitioner, thus, filed the instant petition for review on
certiorari26 on September 7, 2004, assigning the Section 9 of Republic Act No. 8552, otherwise known as
following errors: the Domestic Adoption Act of 1998, provides:
1. THAT THE HONORABLE LOWER COURT HAS Sec. 9. Whose Consent is Necessary to the Adoption. -
OVERLOOKED AND MISAPPLIED SOME FACTS AND After being properly counseled and informed of his/her
CIRCUMSTANCES WHICH ARE OF WEIGHT AND right to give or withhold his/her approval of the adoption,
IMPORTANCE AND WHICH IF CONSIDERED WOULD the written consent of the following to the adoption is
HAVE AFFECTED THE RESULT OF THE CASE. hereby required:
2. THAT THE HONORABLE LOWER COURT ERRED IN (a) The adoptee, if ten (10) years of age or over;
CONCLUDING THAT THE PETITIONER-APPELLEE IS NOT
FINANCIALLY CAPABLE TO SUPPORT THE THREE (b) The biological parent(s) of the child, if known, or the
CHILDREN.27 legal guardian, or the proper government instrumentality
which has legal custody of the child;
The issues raised by the parties in their pleadings are the
following: (a) whether the petitioner is entitled to adopt (c) The legitimate and adopted sons/daughters, ten (10)
the minors without the written consent of their biological years of age or over, of the adopter(s) and adoptee, if
mother, Amelia Ramos; (b) whether or not the affidavit any;
of consent purportedly executed by the
petitioner-adopter’s children sufficiently complies with (d) The illegitimate sons/daughters, ten (10) years of age
the law; and (c) whether or not petitioner is financially or over, of the adopter, if living with said adopter and the
capable of supporting the adoptees. latter’s souse, if any;
The Court’s Ruling (e) The spouse, if any, of the person adopting or to be
adopted.
The petition is denied for lack of merit.
The general requirement of consent and notice to the
It has been the policy of the Court to adhere to the liberal natural parents is intended to protect the natural
concept, as stated in Malkinson v. Agrava, 28 that parental relationship from unwarranted interference by
adoption statutes, being humane and salutary, hold the interlopers, and to insure the opportunity to safeguard
interest and welfare of the child to be of paramount the best interests of the child in the manner of the
consideration and are designed to provide homes, proposed adoption.32
parental care and education for unfortunate, needy or
orphaned children and give them the protection of Clearly, the written consent of the biological parents is
society and family in the person of the adopter as well as indispensable for the validity of a decree of adoption.
to allow childless couples or persons to experience the Indeed, the natural right of a parent to his child requires
joys of parenthood and give them legally a child in the that his consent must be obtained before his parental
person of the adopted for the manifestation of their rights and duties may be terminated and re-established
natural parental instincts. Every reasonable intendment in adoptive parents. In this case, petitioner failed to
should thus be sustained to promote and fulfill these submit the written consent of Amelia Ramos to the
noble and compassionate objectives of the law.29 adoption.
However, in Cang v. Court of Appeals,30 the Court also We note that in her Report, Pagbilao declared that she
ruled that the liberality with which this Court treats was able to interview Amelia Ramos who arrived in the
matters leading to adoption insofar as it carries out the Philippines with her son, John Mario in May 2002. If said
beneficent purposes of the law to ensure the rights and Amelia Ramos was in the Philippines and Pagbilao was
privileges of the adopted child arising therefrom, ever able to interview her, it is incredible that the latter would
mindful that the paramount consideration is the overall not require Amelia Ramos to execute a Written Consent
benefit and interest of the adopted child, should be to the adoption of her minor children. Neither did the
understood in its proper context and perspective. The petitioner bother to present Amelia Ramos as witness in
Court’s position should not be misconstrued or support of the petition.
Petitioner, nonetheless, argues that the written consent A None, sir.
of the biological mother is no longer necessary because
when Amelia’s husband died in 1990, she left for Italy Q Do you know what place in Italy did she reside?
and never came back. The children were then left to the
guidance and care of their paternal grandmother. It is A I do not know, sir.
the paternal relatives, including petitioner, who provided
for the children’s financial needs. Hence, Amelia, the Q Did you receive any news about Amelia Ramos?
biological mother, had effectively abandoned the children.
Petitioner further contends that it was by twist of fate A What I know, sir, was that she was already married
that after 12 years, when the petition for adoption was with another man.
pending with the RTC that Amelia and her child by her
second marriage were on vacation in the Philippines. Q From whom did you learn that?
Pagbilao, the DSWD social worker, was able to meet her,
and during the meeting, Amelia intimated to the social
A From others who came from Italy, sir.
worker that she conformed to the adoption of her three
children by the petitioner.
Q Did you come to know whether she has children by her
second marriage?
Petitioner’s contention must be rejected. When she filed
her petition with the trial court, Rep. Act No. 8552 was
A Yes, sir, she got two kids.37
already in effect. Section 9 thereof provides that if the
written consent of the biological parents cannot be
Elaine, the eldest of the minors, testified, thus:
obtained, the written consent of the legal guardian of the
minors will suffice. If, as claimed by petitioner, that the
biological mother of the minors had indeed abandoned Q Where is your mother now?
them, she should, thus have adduced the written consent
of their legal guardian. A In Italy, sir.
Ordinarily, abandonment by a parent to justify the Q When did your mother left for Italy?
adoption of his child without his consent, is a conduct
which evinces a settled purpose to forego all parental A After my father died, sir.
duties.33 The term means neglect and refusal to perform
the filial and legal obligations of love and support. If a Q How old were you when your mother left for Italy in
parent withholds presence, love, care, the opportunity to 1990?
display filial affection, and neglects to lend support and
maintenance, the parent, in effect, abandons the child. 34 A Two years old, sir.
Merely permitting the child to remain for a time Q At the time when your mother left for Italy, did your
undisturbed in the care of others is not such an mother communicate with you?
abandonment.35 To dispense with the requirement of
consent, the abandonment must be shown to have A No, sir.38
existed at the time of adoption.36
However, the Home Study Report of the DSWD Social
In this case, petitioner relied solely on her testimony and Worker also stated the following:
that of Elaine Ramos to prove her claim that Amelia
Ramos had abandoned her children. Petitioner’s IV. Background of the Case:
testimony on that matter follows:
xxxx
Q Where is the mother of these three children now?
Since the mother left for Italy, minors siblings had been
A She left for Italy on November 20, 1990, sir. under the care and custody of their maternal
grandmother. However, she died in Nov. 2001 and an
Q At the time when Amelia Ramos left for Italy, was there uncle, cousin of their deceased father now serves as their
an instance where she communicated with the family? guardian. The petitioner, together with her children and
other relatives abroad have been supporting the minor
A None, sir. children financially, even during the time that they were
still living with their natural parents. Their mother also
Q How about with her children? sends financial support but very minimal.39
xxxx support to the children, though in minimal amounts as
compared to what her affluent in-laws provide.
V. Background Information about the Minors Being
Sought for Adoption: Let it be emphasized, nevertheless, that the adoption of
the minors herein will have the effect of severing all legal
xxxx ties between the biological mother, Amelia, and the
adoptees, and that the same shall then be vested on the
As the eldest she tries her best to be a role model to her adopter.42 It would thus be against the spirit of the law if
younger siblings. She helps them in their lessons, works financial consideration were to be the paramount
and has fun with them. She also encourages openness consideration in deciding whether to deprive a person of
on their problems and concerns and provides petty parental authority over his/her children. More proof has
counseling. In serious problems she already consult (sic) to be adduced that Amelia has emotionally abandoned
her mother and petitioner-aunt.40 the children, and that the latter will not miss her
guidance and counsel if they are given to an adopting
xxxx parent.43 Again, it is the best interest of the child that
takes precedence in adoption.
In their 5 years of married life, they begot 3 children,
herein minors, Amelia recalled that they had a happy and Section 34, Rule 132 of the Rules of Court provides that
comfortable life. After the death of her husband, her the Court shall consider no evidence which has not been
in-laws which include the petitioner had continued formally offered. The purpose for which the evidence is
providing support for them. However being ashamed of offered must be specified. The offer of evidence is
just depending on the support of her husband’s relatives, necessary because it is the duty of the Court to rest its
she decided to work abroad. Her parents are also in need findings of fact and its judgment only and strictly upon
of financial help as they are undergoing maintenance the evidence offered by the parties. Unless and until
medication. Her parents mortgaged their farm land admitted by the court in evidence for the purpose or
which she used in going to Italy and worked as domestic purposes for which such document is offered, the same is
helper. merely a scrap of paper barren of probative weight. Mere
identification of documents and the markings thereof as
When she left for Italy in November 1990, she entrusted exhibits do not confer any evidentiary weight on
her 3 children to the care & custody of her mother-in-law documents unless formally offered.44
who returned home for good, however she died on
November 2000. Petitioner failed to offer in evidence Pagbilao’s Report
and of the Joint Affidavit of Consent purportedly
While working in Italy, she met Jun Tayag, a married executed by her children; the authenticity of which she,
man from Tarlac. They became live-in partners since likewise, failed to prove. The joint written consent of
1995 and have a son John Mario who is now 2 years old. petitioner’s children45 was notarized on January 16, 2002
The three of them are considered Italian residents. in Guam, USA; for it to be treated by the Rules of Court in
Amelia claimed that Mr. Tayag is planning to file an the same way as a document notarized in this country it
annulment of his marriage and his wife is amenable to it. needs to comply with Section 2 of Act No. 2103, 46 which
He is providing his legitimate family regular support. states:
Amelia also sends financial support ranging from Section 2. An instrument or document acknowledged and
P10,000-P15,000 a month through her parents who authenticated in a foreign country shall be considered
share minimal amount of P3,000-P5,000 a month to his authentic if the acknowledgment and authentication are
(sic) children. The petitioner and other paternal relatives made in accordance with the following requirements:
are continuously providing support for most of the needs
& education of minors up to present.41 (a) The acknowledgment shall be made before (1) an
ambassador, minister, secretary of legation, chargé d
Thus, when Amelia left for Italy, she had not intended to affaires, consul, vice-consul, or consular agent of the
abandon her children, or to permanently sever their Republic of the Philippines, acting within the country or
mother-child relationship. She was merely impelled to place to which he is accredited, or (2) a notary public or
leave the country by financial constraints. Yet, even while officer duly authorized by law of the country to take
abroad, she did not surrender or relinquish entirely her acknowledgments of instruments or documents in the
motherly obligations of rearing the children to her now place where the act is done.
deceased mother-in-law, for, as claimed by Elaine herself,
she consulted her mother, Amelia, for serious personal (b) The person taking the acknowledgment shall certify
problems. Likewise, Amelia continues to send financial that the person acknowledging the instrument or
document is known to him, and that he is the same
person who executed it, and acknowledged that the adopted child or children, in keeping with the means of
same is his free act and deed. The certificate shall be the family.
under his official seal, if he is by law required to keep a
seal, and if not, his certificate shall so state. In case the According to the Adoption Home Study
acknowledgment is made before a notary public or an Report49 forwarded by the Department of Public Health &
officer mentioned in subdivision (2) of the preceding Social Services of the Government of Guam to the DSWD,
paragraph, the certificate of the notary public or the petitioner is no longer supporting her legitimate children,
officer taking the acknowledgment shall be authenticated as the latter are already adults, have individual lives and
by an ambassador, minister, secretary of legation, families. At the time of the filing of the petition, petitioner
chargé de affaires, consul, vice-consul, or consular agent was 57 years old, employed on a part-time basis as a
of the Republic of the Philippines, acting within the waitress, earning $5.15 an hour and tips of around
country or place to which he is accredited. The officer $1,000 a month. Petitioner’s main intention in adopting
making the authentication shall certify under his official the children is to bring the latter to Guam, USA. She has
seal that the person who took the acknowledgment was a house at Quitugua Subdivision in Yigo, Guam, but the
at the time duly authorized to act as notary public or that same is still being amortized. Petitioner likewise knows
he was duly exercising the functions of the office by that the limited income might be a hindrance to the
virtue of which he assumed to act, and that as such he adoption proceedings.
had authority under the law to take acknowledgment of
instruments or documents in the place where the Given these limited facts, it is indeed doubtful whether
acknowledgment was taken, and that his signature and petitioner will be able to sufficiently handle the financial
seal, if any, are genuine. aspect of rearing the three children in the US. She only
has a part-time job, and she is rather of age. While
As the alleged written consent of petitioner’s legitimate petitioner claims that she has the financial support and
children did not comply with the afore-cited law, the backing of her children and siblings, the OSG is correct in
same can at best be treated by the Rules as a private stating that the ability to support the adoptees is
document whose authenticity must be proved either by personal to the adopter, as adoption only creates a legal
anyone who saw the document executed or written; or relation between the former and the latter. Moreover, the
by evidence of the genuineness of the signature or records do not prove nor support petitioner’s allegation
handwriting of the makers.47 that her siblings and her children are financially able and
that they are willing to support the minors herein. The
Since, in the instant case, no further proof was Court, therefore, again sustains the ruling of the CA on
introduced by petitioner to authenticate the written this issue.
consent of her legitimate children, the same is
inadmissible in evidence. While the Court recognizes that petitioner has only the
best of intentions for her nieces and nephew, there are
In reversing the ruling of the RTC, the CA ruled that legal infirmities that militate against reversing the ruling
petitioner was not stable enough to support the children of the CA. In any case, petitioner is not prevented from
and is only relying on the financial backing, support and filing a new petition for adoption of the herein minors.
commitment of her children and her siblings.48 Petitioner
contradicts this by claiming that she is financially capable WHEREFORE, premises considered, the petition is hereby
as she has worked in Guam for 14 years, has savings, a DENIED.
house, and currently earns $5.15 an hour with tips of not
less than $1,000.00 a month. Her children and siblings SO ORDERED.
have likewise committed themselves to provide financial
backing should the need arise. The OSG, again in its
comment, banks on the statement in the Home Study
Report that "petitioner has limited income." Accordingly,
it appears that she will rely on the financial backing of her
children and siblings in order to support the minor
adoptees. The law, however, states that it is the adopter
who should be in a position to provide support in keeping
with the means of the family.
May an illegitimate child, upon adoption by her natural On May 28, 2001,6 the trial court denied petitioner’s
father, use the surname of her natural motion for reconsideration holding that there is no law or
mother as her middle name? This is the issue raised jurisprudence allowing an adopted child to use the
in the instant case. surname of his biological mother as his middle name.
Hence, the present petition raising the issue of whether well as public interest that every person must have a
an illegitimate child may use the surname of her mother name.
as her middle name when she is subsequently adopted
by her natural father. The name of an individual has two parts: (1) the given
or proper name and (2) the surname or family
Petitioner submits that the trial court erred in depriving name. The given or proper name is that which is given
Stephanie of a middle name as a consequence of to the individual at birth or at baptism, to distinguish him
adoption because: (1) there is no law prohibiting an from other individuals. The surname or family name is
adopted child from having a middle name in case there is that which identifies the family to which he belongs and
only one adopting parent; (2) it is customary for every is continued from parent to child. The given name may
Filipino to have as middle name the surname of the be freely selected by the parents for the child, but the
mother; (3) the middle name or initial is a part of the surname to which the child is entitled is fixed by law.9
name of a person; (4) adoption is for the benefit and best
interest of the adopted child, hence, her right to bear a Thus, Articles 364 to 380 of the Civil Code provides the
proper name should not be violated; (5) permitting substantive rules which regulate the use of surname 10 of
Stephanie to use the middle name "Garcia" (her mother’s an individual whatever may be his status in life, i.e.,
surname) avoids the stigma of her illegitimacy; and; (6) whether he may be legitimate or illegitimate, an adopted
her continued use of "Garcia" as her middle name is not child, a married woman or a previously married woman,
opposed by either the Catindig or Garcia families. or a widow, thus:
The Republic, through the Office of the Solicitor General "Art. 364. Legitimate and legitimated children shall
(OSG), agrees with petitioner that Stephanie should be principally use the surname of the father.
permitted to use, as her middle name, the surname of
her natural mother for the following reasons: Art. 365. An adopted child shall bear the surname of the
adopter.
First, it is necessary to preserve and maintain Stephanie’s
filiation with her natural mother because under Article xxx
189 of the Family Code, she remains to be an intestate
heir of the latter. Thus, to prevent any confusion and Art. 369. Children conceived before the decree annulling
needless hardship in the future, her relationship or proof a voidable marriage shall principally use the surname of
of that relationship with her natural mother should be the father.
maintained.
Art. 370. A married woman may use:
Second, there is no law expressly prohibiting Stephanie
to use the surname of her natural mother as her middle (1) Her maiden first name and surname and add her
name. What the law does not prohibit, it allows. husband's surname, or
Last, it is customary for every Filipino to have a middle (2) Her maiden first name and her husband's surname or
name, which is ordinarily the surname of the mother.
This custom has been recognized by the Civil Code and (3) Her husband's full name, but prefixing a word
Family Code. In fact, the Family Law Committees agreed indicating that she is his wife, such as ‘Mrs.’
that "the initial or surname of the mother should
immediately precede the surname of the father so that
Art. 371. In case of annulment of marriage, and the wife
the second name, if any, will be before the surname of
is the guilty party, she shall resume her maiden name
the mother."7
and surname. If she is the innocent spouse, she may
resume her maiden name and surname. However, she
We find merit in the petition. may choose to continue employing her former husband's
surname, unless:
Use Of Surname Is Fixed By Law –
(1) The court decrees otherwise, or
For all practical and legal purposes, a man's name is the
designation by which he is known and called in the (2) She or the former husband is married again to
community in which he lives and is best known. It is another person.
defined as the word or combination of words by which a
person is distinguished from other individuals and, also,
Art. 372. When legal separation has been granted, the
as the label or appellation which he bears for the
wife shall continue using her name
convenience of the world at large addressing him, or in
and surname employed before the legal separation.
speaking of or dealing with him.8 It is both of personal as
Art. 373. A widow may use the deceased Joint Meeting of the Civil Code and Family Law
husband's surname as though he were still living, in Committees, the members approved the suggestion
accordance with Article 370. that the initial or surname of the mother should
immediately precede the surname of the father,
Art. 374. In case of identity of names and surnames, thus
the younger person shall be obliged to use such
additional name or surname as will avoid confusion. "Justice Caguioa commented that there is a difference
between the use by the wife of the surname and that of
Art. 375. In case of identity of names and surnames the child because the father’s surname indicates the
between ascendants and descendants, the word ‘Junior’ family to which he belongs, for which reason he
can be used only by a son. Grandsons and other direct would insist on the use of the father’s surname by
male descendants shall either: the child but that, if he wants to, the child may
also use the surname of the mother.
(1) Add a middle name or the mother's surname,
Justice Puno posed the question: If the child chooses to
(2) Add the Roman numerals II, III, and so on. use the surname of the mother, how will his name be
written? Justice Caguioa replied that it is up to him but
x x x" that his point is that it should be mandatory that the
child uses the surname of the father and
Law Is Silent As To The Use Of permissive in the case of the surname of the
mother.
Middle Name –
Prof. Baviera remarked that Justice Caguioa’s point is
As correctly submitted by both parties, there is no law covered by the present Article 364, which reads:
regulating the use of a middle name. Even Article
17611 of the Family Code, as amended by Republic Act Legitimate and legitimated children shall principally use
No. 9255, otherwise known as "An Act Allowing the surname of the father.
Illegitimate Children To Use The Surname Of Their
Father," is silent as to what middle name a child may use. Justice Puno pointed out that many names change
through no choice of the person himself precisely
The middle name or the mother’s surname is only because of this misunderstanding. He then cited the
considered in Article 375(1), quoted above, in case there following example: Alfonso Ponce Enrile’s correct
is identity of names and surnames between ascendants surname is Ponce since the mother’s surname is Enrile
and descendants, in which case, the middle name or the but everybody calls him Atty. Enrile. Justice Jose
mother’s surname shall be added. Gutierrez David’s family name is Gutierrez and his
mother’s surname is David but they all call him Justice
Notably, the law is likewise silent as to what David.
middle name an adoptee may use. Article 365 of the
Civil Code merely provides that "an adopted child shall Justice Caguioa suggested that the proposed
bear the surname of the adopter." Also, Article 189 of the Article (12) be modified to the effect that it shall
Family Code, enumerating the legal effects of adoption, be mandatory on the child to use the surname of
is likewise silent on the matter, thus: the father but he may use the surname of the
mother by way of an initial or a middle name. Prof.
"(1) For civil purposes, the adopted shall Balane stated that they take note of this for inclusion in
be deemed to be a legitimate child of the the Chapter on Use of Surnames since in the proposed
adopters and both shall acquire the reciprocal rights Article (10) they are just enumerating the rights of
and obligations arising from the relationship of parent legitimate children so that the details can be covered in
and child, including the right of the adopted to use the appropriate chapter.
the surname of the adopters;
xxx
x x x"
Justice Puno remarked that there is logic in the
However, as correctly pointed out by the OSG, the simplification suggested by Justice Caguioa that the
members of the Civil Code and Family Law Committees surname of the father should always be last because
that drafted the Family Code recognized the Filipino there are so many traditions like the American tradition
custom of adding the surname of the child’s where they like to use their second given name and the
mother as his middle name. In the Minutes of the Latin tradition, which is also followed by the Chinese
wherein they even include the Clan name.
xxx Filipino custom that the initial or surname of the mother
should immediately precede the surname of the father.
Justice Puno suggested that they agree in
principle that in the Chapter on the Use of Additionally, as aptly stated by both parties, Stephanie’s
Surnames, they should say that initial or surname continued use of her mother’s surname (Garcia) as her
of the mother should immediately precede the middle name will maintain her maternal lineage. It is to
surname of the father so that the second name, if be noted that Article 189(3) of the Family Code and
any, will be before the surname of the mother. Section 1824, Article V of RA 8552 (law on adoption)
Prof. Balane added that this is really the Filipino provide that the adoptee remains an intestate heir of
way. The Committee approved the his/her biological parent. Hence, Stephanie can well
suggestion."12 (Emphasis supplied) assert or claim her hereditary rights from her natural
mother in the future.
In the case of an adopted child, the law provides that
"the adopted shall bear the surname of the Moreover, records show that Stephanie and her mother
adopters."13 Again, it is silent whether he can use a are living together in the house built by petitioner for
middle name. What it only expressly allows, as a matter them at 390 Tumana, San Jose, Baliuag, Bulacan.
of right and obligation, is for the adoptee to bear the Petitioner provides for all their needs. Stephanie is
surname of the adopter, upon issuance of the decree of closely attached to both her mother and father. She calls
adoption.14 them "Mama" and "Papa". Indeed, they are one normal
happy family. Hence, to allow Stephanie to use her
The Underlying Intent of mother’s surname as her middle name will not only
sustain her continued loving relationship with her mother
Adoption Is In Favor of the but will also eliminate the stigma of her illegitimacy.
SO ORDERED.