Documente Academic
Documente Profesional
Documente Cultură
*
G.R. No. 105308. September 25, 1998.
Same; Same; Article 256 of the Family Code provides for its
retroactivity “insofar as it does not prejudice or impair vested or
ac-
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* THIRD DIVISION.
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the lower courts if it finds that these do not conform to the evidence
on record.—As a rule, factual findings of the lower courts are final
and binding upon this Court. This Court is not expected nor
required to examine or contrast the oral and documentary
evidence submitted by the parties. However, although this Court
is not a trier of facts, it has the authority to review and reverse
the factual findings of the lower courts if it finds that these do not
conform to the evidence on record.
ROMERO, J.:
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6 Exh. H-2.
7 Original Records, pp. 5-7.
8 RTC Decision, p. 3.
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(1) Confer upon the adopted children the same rights and
duties as though they were in fact the legitimate children
of the petitioners;
(2) Dissolve the authority vested in the parents by nature, of
the children; and,
(3) Vest the same authority in the petitioners.
(1) The Cang children had, since birth, developed “close filial
ties with the Clavano family, especially their maternal
uncle,” petitioner Ronald Clavano.
(2) Ronald and Maria Clara Clavano were childless and, with
their printing press, real estate business, export business
and gasoline station and mini-mart in Rosemead,
California, U.S.A., had substantial assets and income.
(3) The natural mother of the children, Anna Marie,
nicknamed “Menchu,” approved of the adoption because of
her heart ailment, near-fatal accident in 1981, and the
fact that she could not provide them a secure and happy
future as she “travels a lot.”
(4) The Clavanos could provide the children moral and
spiritual direction as they would go to church together and
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160, citing R.C.L.; Stearns v. Allen, 183 Mass. 404, 67 N.E. 349;
97 Am. St. Rep. 441; Wilson v. Otis, 71 N.H. 483, 53 A. 439, 93
Am. St. Rep. 564; Nugent v. Powell,
9
4 Wyo. 173, 33 P. 23, 20
L.R.A. 199, 62 Am. St. Rep. 17.)”
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707 and the instant adoption case. Neither was it true that
Wilma Soco was a neighbor and family friend of the
Clavanos as she was residing in Mandaue City seven (7)
kilometers away from the Clavanos who were residents of
Cebu City. Petitioner insisted that the testimony of Wilma
Soco should not have been given weight for it was only
during the hearing of the petition for adoption that Jose
Clavano, a brother of Ronald, came to know her and went
to her residence in Iligan City to convince her to be a
witness for monetary considerations. Lastly, petitioner
averred that it would be hypocritical of the Clavanos to
claim 11that they could love the children much more than he
could.
His motion for reconsideration having been denied,
petitioner is now before this Court, alleging that the
petition for adoption was fatally defective as it did not have
his written consent as a natural father as required by
Article 31 (2) of Presidential Decree No. 603, the Child and
Youth Welfare Code, and Article 188(2) of the Family Code.
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sons; but if the child is illegitimate and has not been recognized,
the consent of its father to the adoption shall not be required.”
(Italics supplied)
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13 AQUINO, CIVIL CODE, Vol. I, 1990 ed., p. 299 citing Santos v. Aranzanso,
123 Phil. 160, 167 (1966).
14 Republic v. Court of Appeals and Bobiles, supra, at p. 365.
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15 Exh. A.
16 Duncan v. CFI of Rizal, L-30576, February 10, 1976, 69 SCRA 298;
Santos v. Aranzanso, supra.
17 Del Mundo v. Court of Appeals, 322 Phil. 463, 471 (1996).
18 Imperial v. Court of Appeals, G.R. No. 102037, July 17, 1996, 259
SCRA 65, 71.
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the letter with the hope that petitioner was “at the best of
health.” After extending her regards “to all,” she signed
her name after the word “Love.” This letter was mailed on
July 9, 1986 from Cebu to petitioner whose address was
P.O. Box 2445, Williamson, West Virginia 25661 (Exh. 1-
D).
2. Exh. 2—letter dated 11/13/84 on a green stationery with
golden print of “a note from Menchu” on the left upper
corner. Anna Marie stated that “we” wrote to petitioner on
Oct. 2, 1984 and that Keith and Joeton were very excited
when petitioner “called up last time.” She told him how
Joeton would grab the phone from Keith just so petitioner
would know what he wanted to order. Charmaine, who
was asleep, was so disappointed that she missed
petitioner’s call because she also wanted something that
petitioner should buy. Menchu told petitioner that
Charmaine wanted a pencil sharpener, light-colored T-
shirts for her walking shorts and a (k)nap sack. Anna
Marie informed petitioner that the kids were growing up
and so were their needs. She told petitioner to be “very
fatherly” about the children’s needs because those were
expensive here. For herself, Anna Marie asked for a
subscription of Glamour and Vogue magazines and that
whatever expenses he would incur, she would “replace”
these. As a postcript, she told petitioner that Keith wanted
a size 6 khaki-colored “Sperry topsider shoes.”
3. Exh. 3—an undated note on a yellow small piece of paper
that reads:
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“Dear Herbert,
Hi, how was Christmas and New Year? Hope you
had a wonderful one.
By the way thanks for the shoes, it was a nice one.
It’s nice to be thought of at X’mas. Thanks again.
Sincerely,
Menchu”
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25 Exhs. 15 to 17.
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In Espiritu v. Court of Appeals, the Court stated that “(I)n
ascertaining the welfare and best interests of the child,
courts are mandated by the Family Code to take into
account all relevant considerations.” Thus, in awarding
custody of the child to the father, the Court said:
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private respondent
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Maria Clara, is an international flight
stewardess. Moreover, private respondent Ronald claimed
that he could
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“take care of the children while their parents
are away,” thereby indicating the evanescence of his
intention. He wanted to have the children’s surname
changed to Clavano for the reason that he wanted to take
them to the United States as it would be difficult for them
36
to get a visa if their surname were different from his. To
be sure, he also testified that he wanted to spare the
children the stigma of being products of a broken home.
Nevertheless, a close analysis of the testimonies of
private respondent Ronald, his sister Anna Marie and their
brother Jose points to the inescapable conclusion that they
just wanted to keep the children away from their father.
One of the overriding considerations for the adoption was
allegedly the state of Anna Marie’s health—she was a
victim of an almost fatal accident and suffers from a heart
ailment. However, she herself admitted that her health
condition was37not that serious as she could still take care of
the children. An eloquent evidence of her ability to
physically care for them was her38 employment at the
Philippine Consulate in Los Angeles —she could not have
been employed if her health were endangered. It is thus
clear that the Clavanos’ attempt at depriving petitioner of
parental authority apparently stemmed from their notion
that he was an inveterate womanizer. Anna Marie in fact
expressed fear that her children39
would “never be at ease
with the wife of their father.”
Petitioner, who described himself as single in status,
denied
40
being a womanizer and father to the sons of Wilma
Soco. As to whether he was telling the truth is beside the
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“Parents have the natural right, as well as the moral and legal
duty, to care for their children, see to their upbringing and
safeguard their best interest and welfare. This authority and
responsibility may not be unduly denied the parents; neither may
it be renounced by them. Even when the parents are estranged
and their affection for each other is lost, the attachment and
feeling for their offsprings invariably remain unchanged. Neither
the law nor the courts allow this affinity to suffer absent, of
course, any real, grave and imminent threat to the well-being of
the child.”
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55 Cervantes v. Fajardo, G.R. No. 79955, January 27, 1989, 169 SCRA
575, 579.
56 122 Phil. 752 (1965).
57 Supra.
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sage of the Child and Youth Welfare Code and the Family
Code, the discernible trend has impelled the enactment58
of
Republic Act No. 8043 on Intercountry Adoption and
Republic Act No. 8552 establishing59 the rules on the
domestic adoption of Filipino children.
The case at bar applies the relevant provisions of these
recent laws, such as the following policies in the “Domestic
Adoption Act of 1998”:
(a) To ensure that every child remains under the care and
custody of his/her parent(s) and be provided with love,
care, understanding and security towards the 60
full and
harmonious development of his/her personality.
(b) In all matters relating to the care, custody and adoption of
a child, his/her interest shall be the paramount
consideration in accordance with the tenets set forth in
the United
61
Nations (UN) Convention on the Rights of the
Child.
(c) To prevent the child from62 unnecessary separation from
his/her biological parent(s).
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in the exercise 63
by the child of the rights recognized in the present
Convention.”
“States Parties shall respect the right of the child who is
separated from one or both parents to maintain personal relations
and direct contact with both parents on a64 regular basis, except if
it is contrary to the child’s best interests.”
“A child whose parents reside in different States shall have the
right to maintain on a regular basis, save in exceptional
circumstances 65
personal relations and direct contacts with both
parents . . .”
“States Parties shall respect the rights and duties of the
parents . . . to provide direction to the child in the exercise of his
or her right66
in a manner consistent with the evolving capacities of
the child.”
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