ADOPTION 3 YEARS RESIDENCE REQUIREMENTS AND

CERTIFICATION OF LEGAL CAPACITY MAY BE

2 GOVERNING LAWS
WAIVED:
1. RA 8552 - Domestic AdoptionAct of 1998 (judicial
1. Former filipino citizen who seeks to adopt a relative within
adoption)
the 4th degree of consanguinity or affinity;
2. RA 8043 - Inter-Country Adoption Act of 1995 (socio-
2. one who seeks to adopt the legitimate son/ daughter of his
legal process)
Filipino spouse;
- these laws amended Article 183 to 193 of the Family Code.
3. one who is married to a Filipino citizen and seeks to adopt
jointly with the spouse a relative within the 4th degree of
DOMESTIC ADOPTION ACT OF 1998 consanguinity or affinity of the Filipino spouse.
RA 8552
REPUBLIC V. TOLEDANO
- a judicial proceeding filed to the court (RTC /Family Court/
of the place where the child resides) - Filipina woman who married an American husband,
acquired American citizenship CANNOT anymore
adopt jointly with her husband her own younger brother
WHO MAY ADOPT A CHILD IN PH? WITHOUT complying the 3 year residence requirement.
2 kinds - Filipino OR Foreigners
GENERAL RULE - if the Adopter is MARRIED: joint
adoption by husband and wife.
FILIPINO
XPN -
1. In possession of full civil capacity and legal rights (legal
1. if he or she seeks to adopt the legitimate son or daughter of
age and not suffering any legal impediment)
the other spouse;
2. person of good moral character;
2. seeks to adopt his or her own illegitimate child
3. not convicted of a crime involving moral turpitude
- PROVIDED: other spouse must have signified his or her
4. emotionally and psychologically capable of caring consent.
children;
3. spouses are legally separated from each other
5. 16 years older than the adoptee;
6. in a position to support and care for his/her children in
keeping with the means of the family. IN RE: PETITION FOR ADOPTION OF MICHELLE P
LIM AND MICHAEL JUDE LIM
- a woman who remarries CANNOT adopt a child
FOREIGNER
without joining her second husband as co-petitioner.

1. possess all the qualifications of a Filipino adopter - filing of petition for dissolution of marriage by a
2. must come from a country with diplomatic relations to the husband against the petitioner during the pendency
PH of the pendency for adoption is of no moment.
Unless judicial decree for dissolution.
3. resided in PH for at least 3years
4. certified by diplomatic or consular office or any SEC 8 - WHO MAY BE ADOPTED?
appropriate agency that he has legal capacity 1. any person below 18 years of age (administratively or

5. government allows the adoptee to enter into their country judicially declared available for adoption) OR even over 18
as adopted child. years old because unable to take care of himself because of
physical or mental defect.

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- Biological parents must first relinquish their parental authority
to the DSWD
2. legitimate son/daughter of one spouse by the other spouse;
(age is not a matter; can be minor or of legal age)
3. an illegitimate son/daughter by a qualified adopter to
improve his/her status to that of legitimacy;
4. person of legal age if, prior to the adoption, said person has
bee consistency considered and treated by the adopter as
own child since MINORITY (De Facto Adoption)
5. a child whose adoption has been previously rescinded;
6. child whose biological father or adoptive parents has died.
PROVIDED - NO proceedings shall be initiated within 6
months from the time of death of the parents.
SEC. 9 - CONSENT NECESSARY TO THE ADOPTION
1. adoptee (if 10 years of age or over)
2. biological parents of the child
3. legitimate and adopted sons/daughters, 10 years of age or
over, of the adopter and adoptee
4. illegitimate children of the adopter over 10 years of age
and if living with the adopter and the latter’s spouse;
5. spouse, if any, of the person adopting or to be adopted.
PROCEDURES FOR ADOPTION
- file petition for adoption in the Family Court where the
adoptee resides.
SEC. 10 - No Hurried Decisions
SEC. 11 - Case Study
- DSWD will assign a social worker to conduct a case study
and submit the report to the court.
- go to the neighbors and prospective families of the adopter.
SEC. 12 - Supervised Trial Custody (full-blown trial)
- adopter must present evidence that he is qualified to adopt
the child.
- for 6 months adopter and adoptee lives under 1 roof and
closely monitored by the DSWD in order to determine
relations.
SEC. 13 - Decree of Adoption
- shall be issued 6 months after the observation.
SEC. 14 - Civil Registry Record
SEC. 15 - Confidential Nature of Proceedings and Records
EFFECTS OF ADOPTION
1. all legal ties between the biological parents and adoptee is
severed;
2. adopted child shall be considered as the legitimate child of
the adopter (can use the surname)
3. adoption retroacts to the time of the filing of the petition
for adoption BUT NOT the vicarious liability (Tamargo
Case)
TAMARGO CASE (XPN to the retroactivity)
- where a child subject of an adoption proceedings,
shot and killed another person while he was still in
custody of his natural parents;
- subsequent issuance of the decree WILL NOT render
the adopter with VICARIOUS LIABILITY (parents
liable for the offenses committed by the child)
because it would go against such.
- the spouses haven’t yet exercised direct supervision
and control over the child thus NOT making them
liable.
4. adopter and adoptee shall have reciprocal rights of intestate
succession.
HOWEVER, if the adoptee and biological parents had left a
will; law on Testamentary succession shall govern.
RESCISSION OF ADOPTEE (ART. 6)
- only the adoptee and NOT the adopter
GROUNDS
1. repeated physical and verbal maltreatment by the adopter;
2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment and failure to comply with parental
obligations
Although adopter cannot rescind, he can disinherit the adoptee
based on any grounds of disinheritance under Article 919 of the
Civil Code.
- must be stated only through a Last Will and Testament
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 SIMULATION OF BIRTH
- any person who shall cause fictitious registration of the birth
of a child under the names of a persons who is not her
biological parents shall be guilty of simulation of birth, and
shall be punished by prison mayor (MED) and a fine not
exceeding 50K.
RECTIFICATION OF SIMULATED BIRTH
must be done within 5 years from the effectivity of this Code.
• one who is voluntarily or involuntarily committed y their
parents to the DSWD.
• refers to persons below 15 years of age.
ABANDONED or NEGLECTED CHILD may be the subject
of inter-country adoption.
- no physical transfer of the child voluntarily committed by
their parents to the DSWD shall be made earlier than 6
months from the date the Deed of Voluntary Commitment
was executed by the parents.

DOMESTIC INTER-COUNTRY
REPUBLIC ACT 8043
Filipino Foreigner of Filipinos who
INTER-COUNTRY ADOPTION ACT OF 1995 permanently reside abroad

should have reside in the PH doesn’t need to stay in the

for 3 years (for aliens) PH
- socio-legal process of adopting a Filipino child by a
Foreigner or a Filipino permanently residing abroad. adopter must be of Legal Age adopter must be at least 27
(at least 18)
years of age

- availed by foreigners who are not qualified to adopt a - maintaining the 16 years - maintaining the 16 years
gap gap

Filipino child under the Domestic Adoption Law. - XPN: adopter is the
- petition filed in the country of the prospective adopter and relative of the child
decree of adoption will be issued by the court of the place person to be adopted is person to be adopted should
where petition is filed. MINOR (below 18 years of be below 15 years old
age) or of Legal Age but
- only this done in the PH is the selection of the child to be unable to take care go
oneself.
adopted done by ICAB.
SEC. 9 - WHO MAY ADOPT?
INTER-COUNTRY ADOPTION BOARD 1. at least 27 years old and at least 16 years older of the child
- central agency of the government tasked to implement the to be adopted.
laws and policies for inter-country adoption. 2. if married, spouse must jointly file for adoption
3. has the capacity to act and assume all rights and
PROCEDURES responsibilities of parental authority

Where to File? (any of the 3) 4. not been convicted of a time involving moral turpitude

1. in the accredited adoption agency of the country of adopter 5. eligible to adopt under his national law

2. filed directly in ICAB 6. in a position to provide a proper care and support and give

3. Philippine RTC of the place of the prospective adoptee is the necessary moral values and examples

situated. 7. agrees to uphold all the basic rights of the chid

SEC. 7 - Inter-Country Adoption as the Last Resort 8. comes from country where PH has diplomatic relations

- all possibilities for adoption under the Family Code have been 9. possess all the qualifications and none of the
exhausted and that Inter-country adoption is the best resort. disqualifications

SEC. 8 - WHO MAY BE ADOPTED?

- only legally-free child may be the subject to inter-country
adoption.
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 SUPPORT
- comprises everything that is necessary to keep the person
alive.
- reciprocal obligation
WHO ARE OBLIGED TO SUPPORT EACH OTHER?
1. the spouses
2. legitimate ascendants and descendants
3. parents and their legitimate children and the legitimate and
illegitimate children of the latter;
4. parents and their illegitimate children and the legitimate
and illegitimate children of the latter
5. legitimate brothers and sisters whether full or half-blood
YANGCO V. RHODE
- the obligation of the spouses to support each other
presuppose the existence of valid marriage
QUINTANA V. LERMA
- a wife who is guilty of adultery is NOT entitled to
support from her husband.
- XPN: PARI DELICTO RULE (both spouses are at
fault)
SPS. PRUDENCIO AND FILOMENA LIM V. MA
CHERYL LIM
- obligation of the grandparents to support their
grandchildren do not extend to the daughter-in-law.
QUIMIGUING V. ICAO
- a conceived child, although still unborn, is entitled to
support from the father because it has already a
provisional personality.
• Legitimate brothers and sisters, whether of the full bold or
half blood, are obliged to support each other.
• Support of a spouse’s ascendants, brothers and sisters,
illegitimate children shall be charged against the separate
property of the said spouse and not against the conjugal
partnership.
ART. 199 - WHOM WILL YOU DEMAND SUPPORT
1. spouse
2. descendants in the nearest degree
3. ascendants in the nearest degree
4. brothers and sisters
ART. 200 - rule when obligation to give support falls on 2 or
more persons (DIVIDE IN PROPORTION)
- when several persons is demanding support from one person
and his means is not enough follow the rule in Art. 199
- XPN: if between SPOUSE and MINOR CHILDREN (must
first support the child)
- the amount of support depends on the resources of the giver.
DEMAND FOR SUPPORT (judicial or extra-judicial
demand)
- is necessary as it is only from the time of demand the
obligation commences.
- imperative necessity without which it cannot be demanded
and the law presumes that such necessity does not exist
unless support is demanded
- given in the 1st five days of the month.
GOITIA V. CAMPOS RUEDA
- the person obliged to give support has the option to
either give it in a fixed monthly allowance OR
maintaining in the family dwelling EXCEPT when
there is moral or legal obstacle thereof.
• Judgement for support is immediately executory and not
appealable (Rule 39, Sec. 4)
• Support CANNOT be levied or attached EXCEPT for
contractual support.
• whoever advances the support shall be entitled for
reimbursement UNLESS giving it as an act of charity and
refuses to be reimbursed.
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 PARENTAL AUTHORITY DACASIN V. DEL MUNDO- DACASIN
- sum of the total of the rights of parents over the person and
- joint custody agreement executed by the parents of
property of their un-emancipated children.
the child after obtaining divorce in the US cannot be
TERESITA SAGALA-ESLAO V. CA enforced as it is VOID for being contrary to law.

- agreement would have been valid if the spouses

- parental authority is inalienable and any abdication
have not divorced or separated because the law
by the parents is null and void as it cannot be
provides for joint parental authority when the spouse
waived, transferred or renounced.
live together.
CASES PARENTAL AUTHORITY CEASES
1. adoption LUNA V. INTERMEDIATE APPELLATE COURT

2. guardianship or surrender to a children’s home or an orphan - between the parents and the grandparents of the
institution child, the parents should be preferred in the battle
for custody of the child.

SANTOS V. CA
- court’s judgement in custody cases will not attain
- if a parent entrusts the custody of his minor child to finality as it can be changed by the court anytime
a friend or relative is only given a temporary custody. depending on what it feels is best for the interest of
the child.

ART. 211- father and mother shall jointly exercise parental BALATBAT V. BALATBAT
authority over the persons of their common children. CHUA V. CABANGBANG
SEPARATION OF PARENTS - shall be exercised by the - the court may award custody of the child to a
parent designated by the Court. stranger is such award wold best serve the
paramount interest of the child
CANG V. CA

- consent of the father must still be obtained considering BECKETT V. JUDGE OLEGARIO SARMIENTO
that legal separation did not necessarily terminate the
- the award of custody of the child to the father
parental authority of the father.
pursuant to a compromise agreement submitted to
the court DOES NOT prevent the court from
MATERNAL PREFERENCE RULE awarding later on the custody of the child to the
- child below 7 years shall be under the custody of the mother. mother if circumstances warrant.

- court should be guided by what is best for the child.

XPN: child over 7 years can choose but such decision can still
be override by the Court in order to consider what is best for
YU V. YU
the child.
- the issue of custody of children shall be resolved in
HIRSCH V. CA
the court where the case for Declaration of Nullity of
- grant of joint custody of a child below 7 years of age to Marriage is pending pursuant to Art. 49 and 50 of
parents whoa re separated is wrong if there is no proof f FC.
the mother’s unfitness

Page 5 of 10
 SUBSTITUTE PARENTAL AUTHORITY - if NO LONGER MINOR, only the teacher or head of the
- exercised by persons authorized by law in case by death, school of arts and trade and NOT the school.

absence or un-suitability of child’s parents to exercise

parental authority. VICARIOUS LIABILITY OF PARENTS (DOCTRINE OF
IMPUTED NEGLIGENCE)

Who may Exercise? - parents are principally liable for the acts or commission of
1. Grandparents their un-emancipated children which resulted to the damage
or prejudice of the parents.
2. Older Brothers or Sister who are at least 21 years of age
and fit to exercise parental authority TAMARGO V. CA
3. Actual Custodian
- adopting parents are NOT liable for the crime
NOEL BAGTAS V. RUTH SANTOS committed by their adopted child during the
pendency of the adoption proceeding in the court.
- cases involving minor, the purpose of the petition for
hades corpus is not limited to the production of the LIBI V. ICA
child before the court.

- in order to free themselves from liability, it must be

- main purpose of the petition for habeas corpus is to
proved that they had exercised due diligence of a
determine who has the rightful custody over the
Good Father of a family.
child.

SUSPENSION OR TERMINATION OF PARENTAL

SPECIAL PARENTAL AUTHORITY (ART. 218)
AUTHORITY
- exercised by school principal or teachers once a MINOR
child enters in the school premises.
PERMANENT
- must be under the supervision, instruction or actual custody.
1. child dies
GEN. RULE - school are held primarily liable for damages
2. death of the parents
caused by the child under their administration.
3. upon emancipation of the child
XPN
4. ART. 232 - person exercising parental authority has
1. parents may only be held liable for Subsidiary; in case the
subjected the child to sexual abuse
teachers cannot pay due to insolvency.
2. if the school had exercise due diligence of a good father of
a family in preventing the incident. TEMPORARY
1. upon adoption of the child
AMADORA V. CA
2. appointment of a general guardian
- abandoned the case of Exconde v. Capuno (puts 3. judicial declaration of abandonment of the child by the
liability to the academic school)

parents
- there is NO substantial distinction between the
4. final judgement of a court upon divesting the party
academic and non-academic school in so far as torts
concerned
committed by the their students are concerned.
5. judicial declaration of absence or incapacity
- The liability of the school and teachers will only apply if the
- For school administrator, teacher of individual engaged in
student is still a MINOR.
child care exercising parental authority CANNOT inflict
corporal punishment
Page 6 of 10
- For Parents, it must NOT be excessive otherwise violation to
R.A. 7610
EMANCIPATION AND AGE OF MAJORITY
- takes place upon attainment of age of majority.
- in CC and FC was 21 yet by virtue of RA 6809 which
lowered down to 18 years of age.
Despite lowering the age of majority, those between the age of
18 to 21 are still REQUIRED to secure parental consent if they
decide to marry.
ELCANO V. HILL (R.A. 8609)
- even if the child is already emancipated by marriage,
his parents are still LIABLE for damages for his acts
if he is still between 18 and 21 living in their
company.
- may avoid if proved exercised of due diligence.
SUMMARY JUDICIAL PROCEEDINGS IN THE
FAMILY LAW
- hearing or a trial is not necessary
- court may decide upon the bases of the memorandum
position papers submitted in support of the claim
1. Petition for Judicial Authorization to Sell or Encumber
Property
2. petition for judicial authority to administer or encumber
specific separate property of the abandoning spouse and to
use the fruits or proceeds thereof for the support of the
family (VENUE AND JURISDICTION - in the Family
Court of the place where either of the party resides)
3. Incidents involving parental authority
4. Other matters subject to summary of proceedings
- petition for declaration fo presumptive death
- delivery of presumptive legitimate
- courts determination of the validity of the spouse objection
of the exercise of spouse profession or calling
- wife to annul husbands decision in the administration and
enjoyment of the community property
- appointment of the spouse as a sole administrator of conjugal
property int he case of absence of other spouse.
FINAL PROVISIONS (ART. 254)
- expressly repeal the Law on Persons and Family Relation for
the Civil Code of the Philippines.
TITLES
3 Law on Marriage
4 Legal Separation
5 Rights and Obligations between Husbands and Wife
6 Property Relations between Husband and Wife
7 The Family
8 Paternity and Filiation
9 Support
11 Parental Authority
CIVIL CODE PROVISIONS NOT AFFECTED BY THE
FAMILY CODE
TITLE X - FUNERALS (ART. 305-
Who decides?
1. Spouse
2. descendants in the nearest degree;
3. ascendants in the nearest degree
4. brothers and sisters
- Wishes of the deceased should be respected, in absence
thereof religious belief will determine the funeral rights.
FE LORA VALINO V. ROSRIO ADRIANO
- undeniable that the law simply confines the right and duty
to make funeral arrangements to the members of the family
to the exclusion of one’s common law partner.
- the fact that legal wife was living separately for her
husband and was in the US when he dies has no
controlling significance.
- claim of the concubine that it was the wish of the
deceased to be buried at her family’s mausoleum is of no
moment.
Page 7 of 10
 TITLE XIII - USE OF SURNAMES - correction of clerical or typographical errors in the birth
certificate is now ALLOWED in the LCR WITHOUT need
of judicial order.
Legitimate Father
Where to file?
Legitimated Father
1. LCR where the birth record is kept; OR
Illegitimate Mother (RA 9225)
2. LCR of the place where the petitioner is already residing
Adopted Adopter If residing abroad, in the nearest Philippine Consulate.
RA 9225
- flows illegitimate children to use surname of father provide CHANGE OF NAME OR NICKNAME
that father recognizes him as his own Grounds:
1. public document 1. first name or nickname is ridiculous, tainted with dishonor
2. private handwritten instrument or extremely difficult to write or pronounce
2. new namer nickname has been habitually used by the
B. VOIDABLE MARRIAGES - father petitioner that he is already know in that name in the
community
C. SURNAME OF A MARRIED WOMAN
3. change shall avoid confusion
1. maiden first name and surname + surname of husband;
2. maiden first name + surname of the husband;
PROCEDURE
3. husbands full name but prefixing the word Mrs.
1. filed in LCR
D. SURNAME OF WIE FOR ANNULMENT OF
VOIDABLE MARRIAGE 2. filed in affidavit form

- wife is the guilty party - use back her maiden name and 3. for First name, published once a week for 2 consecutive
surname weeks

- wife is innocent party - use back her maiden surname OR 4. posted for 10 days

continue husbands surname 5. after posting, LCR shall render decision not lather than 5
XPN - court otherwise decrees OR she or her husband is days

already married to another person.

ENTRIES THAT CANNOT BE CORRECTED WITHOUT
ERRORS TO BE CORRECTED IN BIRTH JUDICIAL ORDER
CERTIFICATE 1. nationality

1. clerical or typographical errors 2. age

2. harmless or innocuous errors 3. status

Procedures - Art. 412 of CC only provides for Summary of
Judicial Proceedings
Case at hand: Ty Kong v. Republic
R.A. No. 9048
- amends Art. 412 of the Civil Code
4. sex
R.A. NO. 9048 as amended by RA 10172
- an act authorizing the City or Municipal civil registrar or the
consul general to correct clerical or typographical error in
the day or month in the DATE OF BIRTH or SEX of a
person appearing in the civil register without need of judicial
order
Page 8 of 10
SALIENT FEATURES
1. correction of errors in the day or month of birth or sex
appearing in the birth certificate DOES NOT require
judicial proceedings
2. change of nationality, age or status still REQUIRES
judicial proceedings.
3. petition shall be in affidavit form supported by the
following
- certified copy of certificate of the page
NO Petition for correction of erroneous entry concerning
the date of birth or sex of a person shall be entertained
except if the petition is accompanied by:
1. earliest school record or earliest school documents
2. in case of change of gender, by a certification issued by an
accredited government physician considering the fact that
petitioner has NOT undergone sex change or sex transplant.
- Petition shall be published once a week for 2 consecutive
weeks in a newspaper of general circulation
- shall submit certification from appropriate law enforcements
agencies that he has NO pending case or NO criminal record.
TITLE XIV - ABSENCE
1. provisional measures in case of absence without leaving an
agent to administer his properties
2. judicial declaration of absence
- may be the spouse, heirs
2 years no news about the absentee
5 years if he left a person in charge of his property
3. petitioner may ask for declaration of
4. administration of property of absentee (Should be the
spouse)
5. Presumption of Death (only for purposes of remarriage)
PRESUMPTION OF DEATH
7 years unknown if absentee id still alive
10 years for purposes of succession
4 years disappearance is under great danger as defined by Art. 391 of
CC
TITLE XVI - CIVIL REGISTER
What documents to be entered?
1. birth
2. marriages
3. death
4. judgements of legal separation, annulment of marriage,
legitimation, adoption, naturalization, judicial
determination of filiation
- any person affected by the existence of a bird certificate may
ask for its cancellation (Babiera v. Catotal)
- ART. 412 : NO entry in the CR shall be made without
judicial order (ONLY for SUBSTANTIAL CHANGES)
FE LORA VALINO V. ROSRIO ADRIANO
- even if substantial errors in a civil registry may be corrected
thru a petition filed under Rule 108 with the true facts
established and the party aggrieved by the error availing
the thereof of appropriate adversarial proceedings.
FRANCLER ONDE V. LCR
- correction of birth certificate entry of a child regarding to
the status of marriage of parents
- change is substantial and the proceeding will be
adversarial, all other indispensable parties should be made
as respondents (father, paternal grandparents as to case of
hereditary rights)
Page 9 of 10
 REPUBLIC V. MERLINDA OLAYVAR

- can a woman ask for the cancellation of a marriage

contract appearing in the LCR where it was made to
appear that she was made to a Korean national when the
truth is that she was NEVER married to said man? If so
what is the remedy?

- Rule 108 is the proper remedy for as long as the

adversarial procedure is observed. While we said that Rule
108 CANNOT be availed to determine the validity of
marriage, we cannot nullify the proceeding before the trial
court where all the parties had been given opportunity to
contest allegations.

- respondent did not sought the nullification of marriage as

there was no marriage to speak of, but ONLY the
correction of evidence.

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