G.R. No. 148311.

March 31, 2005

IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA
HONORATO . CATINDIG, petitioner.
D E C I S I O N
SANDO!A"#G$TIERRE%, J.:
May an illegitimate child, upon adoption by her natural father, &'( )h( '&r*a+( o, h(r *a)&ra- +o)h(r as h(r
+.//-( *a+( !his is the issue raised in the instant case.
!he facts are undisputed.
On "ugust #$, %&&&, Ho*ora)o . Ca).*/.0, herein petitioner, filed a petition
$
to adopt his minor illegitimate
childS)(1ha*.( Na)h2 A')or0a Garc.a. 'e alleged therein, among others, that Stephanie (as born on )une %*,
$++,-
%
that her mother is G(++a A')or0a Garc.a- that Stephanie has been using her mother.s middle name and
surname- and that he is no( a (ido(er and /ualified to be her adopting parent. 'e prayed that Stephanie.s
middle name "storga be changed to 0Garc.a,0 her mother.s surname, and that her surname 0Garc.a0 be changed
to 0Ca).*/.0,0 his surname.
On March %#, %&&$,
#
the trial court rendered the assailed Decision granting the adoption, thus:
0"fter a careful consideration of the e1idence presented by the petitioner, and in the absence of any opposition to
the petition, this Court finds that the petitioner possesses all the /ualifications and none of the dis/ualification
pro1ided for by la( as an adopti1e parent, and that as such he is /ualified to maintain, care for and educate the
child to be adopted- that the grant of this petition (ould redound to the best interest and (elfare of the minor
Stephanie Nathy "storga 2arcia. !he Court further holds that the petitioner.s care and custody of the child since
her birth up to the present constitute more than enough compliance (ith the re/uirement of "rticle #3 of
4residential Decree No. *&#.
3HEREFORE, finding the petition to be meritorious, the same is GRANTED. 'enceforth, Stephanie Nathy
"storga 2arcia is hereby freed from all obligations of obedience and maintenance (ith respect to her natural
mother, and for ci1il purposes, shall henceforth be the petitioner.s legitimate child and legal heir. 4ursuant to
"rticle $5+ of the 6amily Code of the 4hilippines, the minor shall be 7no(n as S!E4'"NIE N"!'8 C"!INDI2.
9pon finality of this Decision, let the same be entered in the :ocal Ci1il ;egistrar concerned pursuant to ;ule ++
of the ;ules of Court.
:et copy of this Decision be furnished the National Statistics Office for record purposes.
SO ORDERED.0
,
On "pril %&, %&&$, petitioner filed a motion for clarification and<or reconsideration
3
praying that Stephanie should
be allo(ed to use the surname of her natural mother =2";CI"> as her middle name.
On May %5, %&&$,
*
the trial court denied petitioner.s motion for reconsideration holding that there is no la( or
?urisprudence allo(ing an adopted child to use the surname of his biological mother as his middle name.
'ence, the present petition raising the issue of (hether an illegitimate child may use the surname of her mother
as her middle name (hen she is subse/uently adopted by her natural father.
4etitioner submits that the trial court erred in depri1ing Stephanie of a middle name as a conse/uence of
adoption because: =$> there is no la( prohibiting an adopted child from ha1ing a middle name in case there is
only one adopting parent- =%> it is customary for e1ery 6ilipino to ha1e as middle name the surname of the
mother- =#> the middle name or initial is a part of the name of a person- =,> adoption is for the benefit and best
interest of the adopted child, hence, her right to bear a proper name should not be 1iolated- =3> permitting
Stephanie to use the middle name 02arcia0 =her mother.s surname> a1oids the stigma of her illegitimacy- and- =*>
her continued use of 02arcia0 as her middle name is not opposed by either the Catindig or 2arcia families.
!he ;epublic, through the Office of the Solicitor 2eneral =OS2>, agrees (ith petitioner that Stephanie should be
permitted to use, as her middle name, the surname of her natural mother for the follo(ing reasons:
6irst, it is necessary to preser1e and maintain Stephanie.s filiation (ith her natural mother because under "rticle
$5+ of the 6amily Code, she remains to be an intestate heir of the latter. !hus, to pre1ent any confusion and
needless hardship in the future, her relationship or proof of that relationship (ith her natural mother should be
maintained.
Second, there is no la( e@pressly prohibiting Stephanie to use the surname of her natural mother as her middle
name. Ahat the la( does not prohibit, it allo(s.
:ast, it is customary for e1ery 6ilipino to ha1e a middle name, (hich is ordinarily the surname of the mother. !his
custom has been recogniBed by the Ci1il Code and 6amily Code. In fact, the 6amily :a( Committees agreed
that"the initial or surname of the mother should immediately precede the surname of the father so that the
second name, if any, will be before the surname of the mother."
C
Ae find merit in the petition.
Use Of Surname Is Fixed By aw !
6or all practical and legal purposes, a manDs name is the designation by (hich he is 7no(n and called in the
community in (hich he li1es and is best 7no(n. It is defined as the (ord or combination of (ords by (hich a
person is distinguished from other indi1iduals and, also, as the label or appellation (hich he bears for the
con1enience of the (orld at large addressing him, or in spea7ing of or dealing (ith him.
5
It is both of personal as
(ell as public interest that e1ery person must ha1e a name.
!he name of an indi1idual has t(o parts: =$> the 0.4(* or 1ro1(r *a+( and =%> the '&r*a+( or ,a+.-2 *a+(.
!he gi1en or proper name is that (hich is gi1en to the indi1idual at birth or at baptism, to distinguish him from
other indi1iduals. !he surname or family name is that (hich identifies the family to (hich he belongs and is
continued from parent to child. !he gi1en name may be freely selected by the parents for the child, but the
surname to (hich the child is entitled is fi@ed by la(.
+
!hus, "rticles #*, to #5& of the Ci1il Code pro1ides the substanti1e rules (hich regulate the use of surname
$&
of
an indi1idual (hate1er may be his status in life, i.e., (hether he may be legitimate or illegitimate, an adopted
child, a married (oman or a pre1iously married (oman, or a (ido(, thus:
0"rt. #*,. :egitimate and legitimated children shall principally use the '&r*a+( of the father.
"rt. #*3. "n adopted child shall bear the '&r*a+( of the adopter.
@ @ @
"rt. #*+. Children concei1ed before the decree annulling a 1oidable marriage shall principally use
the '&r*a+( of the father.
"rt. #C&. " married (oman may use:
=$> 'er maiden first name and surname and add her husbandDs surname, or
=%> 'er maiden first name and her husbandDs surname or
=#> 'er husbandDs full name, but prefi@ing a (ord indicating that she is his (ife, such as EMrs..
"rt. #C$. In case of annulment of marriage, and the (ife is the guilty party, she shall resume her maiden name
and'&r*a+(. If she is the innocent spouse, she may resume her maiden name and surname. 'o(e1er, she may
choose to continue employing her former husbandDs surname, unless:
=$> !he court decrees other(ise, or
=%> She or the former husband is married again to another person.
"rt. #C%. Ahen legal separation has been granted, the (ife shall continue using her name
and '&r*a+( employed before the legal separation.
"rt. #C#. " (ido( may use the deceased husbandDs '&r*a+( as though he (ere still li1ing, in accordance (ith
"rticle #C&.
"rt. #C,. In case of identity of names and '&r*a+(', the younger person shall be obliged to use such additional
name or surname as (ill a1oid confusion.
"rt. #C3. In case of identity of names and surnames bet(een ascendants and descendants, the (ord E)unior. can
be used only by a son. 2randsons and other direct male descendants shall either:
=$> A// a +.//-( *a+( or )h( +o)h(r5' '&r*a+(,
=%> "dd the ;oman numerals II, III, and so on.
@ @ @0
Law Is Silent As To The Use Of
Middle Name
"s correctly submitted by both parties, there is no la( regulating the use of a middle name. E1en "rticle $C*
$$
of
the 6amily Code, as amended by ;epublic "ct No. +%33, other(ise 7no(n as 0"n "ct "llowin# Ille#itimate
$hildren %o Use %he Surname Of %heir Father,0 is silent as to (hat middle name a child may use.
!he middle name or the mother.s surname is only considered in "rticle #C3=$>, /uoted abo1e, in case there is
identity of names and surnames bet(een ascendants and descendants, in (hich case, the middle name or the
mother.s surname shall be added.
No)a6-2, )h( -a7 .' -.8(7.'( '.-(*) a' )o 7ha) +.//-( *a+( a* a/o1)(( +a2 &'(. "rticle #*3 of the Ci1il Code
merely pro1ides that 0an adopted child shall bear the surname of the adopter.0 "lso, "rticle $5+ of the 6amily
Code, enumerating the legal effects of adoption, is li7e(ise silent on the matter, thus:
0=$> 6or ci1il purposes, the a/o1)(/ shall be /((+(/ to be a -(0.).+a)( ch.-/ o, )h( a/o1)(r' and both shall
ac/uire the reciprocal rights and obligations arising from the relationship of parent and child, including the r.0h)
o, )h( a/o1)(/ )o &'( )h( '&r*a+( o, )h( a/o1)(r'-
@ @ @0
'o(e1er, as correctly pointed out by the OS2, the members of the Ci1il Code and 6amily :a( Committees that
drafted the 6amily Code r(co0*.9(/ )h( F.-.1.*o c&')o+ o, a//.*0 )h( '&r*a+( o, )h( ch.-/:' +o)h(r a' h.'
+.//-( *a+(. In the Minutes of the )oint Meeting of the Ci1il Code and 6amily :a( Committees, the members
appro1ed the suggestion that )h( .*.).a- or '&r*a+( o, )h( +o)h(r 'ho&-/ .++(/.a)(-2 1r(c(/( )h( '&r*a+(
o, )h( ,a)h(r, thus
0)ustice Caguioa commented that there is a difference bet(een the use by the (ife of the surname and that of
the child because )h( ,a)h(r:' '&r*a+( .*/.ca)(' )h( ,a+.-2 )o 7h.ch h( 6(-o*0', ,or 7h.ch r(a'o* h(
7o&-/ .*'.') o* )h( &'( o, )h( ,a)h(r:' '&r*a+( 62 )h( ch.-/ 6&) )ha), ., h( 7a*)' )o, )h( ch.-/ +a2 a-'o
&'( )h( '&r*a+( o, )h( +o)h(r.
)ustice 4uno posed the /uestion: If the child chooses to use the surname of the mother, ho( (ill his name be
(ritten )ustice Caguioa replied that it is up to him but that his point is that .) 'ho&-/ 6( +a*/a)or2 )ha) )h(
ch.-/ &'(' )h( '&r*a+( o, )h( ,a)h(r a*/ 1(r+.''.4( .* )h( ca'( o, )h( '&r*a+( o, )h( +o)h(r.
4rof. Fa1iera remar7ed that )ustice Caguioa.s point is co1ered by the present "rticle #*,, (hich reads:
:egitimate and legitimated children shall principally use the surname of the father.
)ustice 4uno pointed out that many names change through no choice of the person himself precisely because of
this misunderstanding. 'e then cited the follo(ing e@ample: "lfonso 4once Enrile.s correct surname is 4once
since the mother.s surname is Enrile but e1erybody calls him "tty. Enrile. )ustice )ose 2utierreB Da1id.s family
name is 2utierreB and his mother.s surname is Da1id but they all call him )ustice Da1id.
;&').c( Ca0&.oa '&00(')(/ )ha) )h( 1ro1o'(/ Ar).c-( <12= 6( +o/.,.(/ )o )h( (,,(c) )ha) .) 'ha-- 6(
+a*/a)or2 o* )h( ch.-/ )o &'( )h( '&r*a+( o, )h( ,a)h(r 6&) h( +a2 &'( )h( '&r*a+( o, )h( +o)h(r 62
7a2 o, a* .*.).a- or a +.//-( *a+(. 4rof. Falane stated that they ta7e note of this for inclusion in the Chapter on
9se of Surnames since in the proposed "rticle =$&> they are ?ust enumerating the rights of legitimate children so
that the details can be co1ered in the appropriate chapter.
@ @ @
)ustice 4uno remar7ed that there is logic in the simplification suggested by )ustice Caguioa that the surname of
the father should al(ays be last because there are so many traditions li7e the "merican tradition (here they li7e
to use their second gi1en name and the :atin tradition, (hich is also follo(ed by the Chinese (herein they e1en
include the Clan name.
@ @ @
;&').c( P&*o '&00(')(/ )ha) )h(2 a0r(( .* 1r.*c.1-( )ha) .* )h( Cha1)(r o* )h( $'( o, S&r*a+(', )h(2
'ho&-/ 'a2 )ha) .*.).a- or '&r*a+( o, )h( +o)h(r 'ho&-/ .++(/.a)(-2 1r(c(/( )h( '&r*a+( o, )h( ,a)h(r 'o
)ha) )h( '(co*/ *a+(, ., a*2, 7.-- 6( 6(,or( )h( '&r*a+( o, )h( +o)h(r. Pro,. a-a*( a//(/ )ha) )h.' .'
r(a--2 )h( F.-.1.*o 7a2. Th( Co++.))(( a11ro4(/ )h( '&00(').o*.0
$%
=Emphasis supplied>
In the case of an adopted child, the la( pro1ides that 0the adopted shall bear the surname of the
adopters.0
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"gain, it is silent (hether he can use a middle name. Ahat it only e@pressly allo(s, as a matter of
right and obligation, is for the adoptee to bear the surname of the adopter, upon issuance of the decree of
adoption.
$,
The Underlying Intent of
Adoption Is In Favor of the
Adopted Child
"doption is defined as the process of ma7ing a child, (hether related or not to the adopter, possess in general,
the rights accorded to a legitimate child.
$3
It is a &uridical act, a proceedin# in rem which creates between two
persons a relationship similar to that which results from le#itimate paternity and filiation.
$*
%he modern trend is to
consider adoption not merely as an act to establish a relationship of paternity and filiation, but also as an act
which endows the child with a le#itimate status.
$C
!his (as, indeed, confirmed in $+5+, (hen the Ph.-.11.*(', as
a S)a)( Par)2 )o )h( Co*4(*).o* o, )h( R.0h)' o, )h( Ch.-/ .*.).a)(/ 62 )h( $*.)(/ Na).o*', acc(1)(/ )h(
1r.*c.1-( )ha) a/o1).o* .' .+1r(''(/ 7.)h 'oc.a- a*/ +ora- r('1o*'.6.-.)2, a*/ )ha) .)' &*/(r-2.*0 .*)(*) .'
0(ar(/ )o ,a4or )h( a/o1)(/ ch.-/.
$5
;epublic "ct No. 533%, other(ise 7no(n as the 0'omestic "doption "ct of
())*,0
$+
secures these rights and pri1ileges for the adopted.
%&
One of the effects of adoption is that the adopted is deemed to be a legitimate child of the adopter for all intents
and purposes pursuant to "rticle $5+
%$
of the 6amily Code and Section $C
%%
"rticle G of ;" 533%.
%#
(.*0 a -(0.).+a)( ch.-/ 62 4.r)&( o, h(r a/o1).o*, .) ,o--o7' )ha) S)(1ha*.( .' (*).)-(/ )o a-- )h( r.0h)'
1ro4./(/ 62 -a7 )o a -(0.).+a)( ch.-/ 7.)ho&) /.'cr.+.*a).o* o, a*2 8.*/, .*c-&/.*0 )h( r.0h) )o 6(ar )h(
'&r*a+( o, h(r ,a)h(r a*/ h(r +o)h(r, a' /.'c&''(/ a6o4(. !his is consistent (ith the intention of the
members of the Ci1il Code and 6amily :a( Committees as earlier discussed. In fact, it is a 6ilipino custom that
the initial or surname of the mother should immediately precede the surname of the father.
"dditionally, as aptly stated by both parties, Stephanie.s continued use of her mother.s surname =2arcia> as her
middle name (ill maintain her maternal lineage. It is to be noted that "rticle $5+=#> of the 6amily Code and
Section $5
%,
, "rticle G of ;" 533% =la( on adoption> pro1ide that the adoptee remains an intestate heir of his<her
biological parent. 'ence, Stephanie can (ell assert or claim her hereditary rights from her natural mother in the
future.
Moreo1er, records sho( that Stephanie and her mother are li1ing together in the house built by petitioner for
them at #+& !umana, San )ose, Faliuag, Fulacan. 4etitioner pro1ides for all their needs. Stephanie is closely
attached to both her mother and father. She calls them 0Mama0 and 04apa0. Indeed, they are one normal happy
family. 'ence, to allo( Stephanie to use her mother.s surname as her middle name (ill not only sustain her
continued lo1ing relationship (ith her mother but (ill also eliminate the stigma of her illegitimacy.
Lieral Constr!"tion of
Adoption Stat!tes In Favor Of
Adoption
It is a settled rule that adoption statutes, being humane and salutary, should be liberally construed to carry out the
beneficent purposes of adoption.
%3
!he interests and (elfare of the adopted child are of primary and paramount
consideration,
%*
hence, e1ery reasonable intendment should be sustained to promote and fulfill these noble and
compassionate ob?ecti1es of the la(.
%C
:astly, "rt. $& of the Ne( Ci1il Code pro1ides that:
0In case of doubt in the interpretation or application of la(s, it is presumed that the la(ma7ing body intended right
and ?ustice to pre1ail.0
!his pro1ision, according to the Code Commission, 0is necessary so that it may tip the scales in fa1or of right and
?ustice (hen the la( is doubtful or obscure. It (ill strengthen the determination of the courts to a1oid an in?ustice
(hich may apparently be authoriBed by some (ay of interpreting the la(.0
%5
'ence, since there is no la( prohibiting an .--(0.).+a)( ch.-/ adopted by her natural father, li7e Stephanie, to
use, as middle name her mother.s surname, (e find no reason (hy she should not be allo(ed to do so.
3HEREFORE, the petition is 2;"N!ED. !he assailed Decision is partly MODI6IED in the sense that Stephanie
should be allo(ed to use her mother.s surname 02";CI"0 as her middle name.
:et the corresponding entry of her correct and complete name be entered in the decree of adoption.
SO O;DE;ED.
G.R. No. 1>4?48 ;&*( 2@, 200>
DI3ATA RAMOS "ANDINGIN 4etitioner,
1s.
REP$"IC OF THE PHI"IPPINES, ;espondent.
D E C I S I O N
CA""E;O, SR., #$%
"ssailed in this petition for re1ie( on certiorari under ;ule ,3 of the ;ules of Court is the Decision
$
of the Court of
"ppeals in C"H2.;. CG No. CC5%* (hich re1ersed the Decision
%
of the ;egional !rial Court =;!C> of !arlac City,
Franch *# in Ci1il Case No. %C## granting the 4etition for "doption of the petitioner herein.
!he "ntecedents
On 6ebruary ,, %&&%, Di(ata ;amos :andingin, a citiBen of the 9nited States of "merica =9S">, of 6ilipino
parentage and a resident of 2uam, 9S", filed a petition
#
for the adoption of minors Elaine DiBon ;amos (ho (as
born on "ugust #$, $+5*-
,
Elma DiBon ;amos, (ho (as born on September C, $+5C-
3
and Eugene DiBon ;amos
(ho (as born on "ugust 3, $+5+.
*
!he minors are the natural children of Manuel ;amos, petitioner.s brother, and
"melia ;amos.
:andingin, as petitioner, alleged in her petition that (hen Manuel died on May $+, $++&,
C
the children (ere left to
their paternal grandmother, Maria !aruc ;amos- their biological mother, "melia, (ent to Italy, reHmarried there
and no( has t(o children by her second marriage and no longer communicated (ith her children by Manuel
;amos nor (ith her inHla(s from the time she left up to the institution of the adoption- the minors are being
financially supported by the petitioner and her children, and relati1es abroad- as Maria passed a(ay on
No1ember %#, %&&&, petitioner desires to adopt the children- the minors ha1e gi1en their (ritten consent
5
to the
adoption- she is /ualified to adopt as sho(n by the fact that she is a 3CHyearHold (ido(, has children of her o(n
(ho are already married, gainfully employed and ha1e their respecti1e families- she li1es alone in her o(n home
in 2uam, 9S", (here she ac/uired citiBenship, and (or7s as a restaurant ser1er. She came bac7 to the
4hilippines to spend time (ith the minors- her children ga1e their (ritten consent
+
to the adoption of the minors.
4etitioner.s brother, Mariano ;amos, (ho earns substantial income, signified his (illingness and commitment to
support the minors (hile in petitioner.s custody.
4etitioner prayed that, after due hearing, ?udgment be rendered in her fa1or, as follo(s:
A'E;E6O;E, it is most respectfully prayed to this 'onorable Court that after publication and hearing, ?udgment
be rendered allo(ing the adoption of the minor children Elaine DiBon ;amos, Elma DiBon ;amos, and Eugene
DiBon ;amos by the petitioner, and ordering that the minor children.s name follo( the family name of petitioner.
4etitioner prays for such other reliefs, ?ust and e/uitable under the premises.
$&
On March 3, %&&%, the court ordered the Department of Social Aelfare and De1elopment =DSAD> to conduct a
case study as mandated by "rticle #, of 4residential Decree No. *&#, as amended, and to submit a report
thereon not later than "pril ,, %&&%, the date set for the initial hearing of the petition.
$$
!he Office of the Solicitor
2eneral =OS2> entered its appearance
$%
but deputiBed the City 4rosecutor of !arlac to appear in its
behalf.
$#
Since her petition (as unopposed, petitioner (as allo(ed to present her e1idence e@ parte.
$,
!he petitioner testified in her behalf. She also presented Elaine ;amos, the eldest of the adoptees, to testify on
the (ritten consent e@ecuted by her and her siblings.
$3
!he petitioner mar7ed in e1idence the "ffida1it of Consent
purportedly e@ecuted by her children "nn, Errol, Dennis and ;icfel Franitley, all surnamed :andingin, and
notariBed by a notary public in 2uam, 9S", as proof of said consent.
$*
On May %,, %&&%, EliBabeth 4agbilao, Social Aelfare Officer II of the DSAD, 6ield Office III, !arlac, submitted a
Child Study ;eport, (ith the follo(ing recommendation:
In 1ie( of the foregoing, undersigned finds minors Elaine, Elma I Eugene all surnamed ;amos, eligible for
adoption because of the follo(ing reasons:
$. Minors. sur1i1ing parent, the mother has 1oluntarily consented to their adoption by the paternal aunt,
Di(ata :andingin this is in 1ie( of her inability to pro1ide the parental care, guidance and support they
need. "n "ffida1it of Consent (as e@ecuted by the mother (hich is hereto attached.
%. !he three minors sub?ect for adoption ha1e also e@pressed their (illingness to be adopted and ?oins
the petitioners in 2uam, 9S" in the future. " ?oint "ffida1it of consent is hereto attached. !he minors
de1eloped close attachment to the petitioners and they regarded her as second parent.
#. !he minors are present under the care of a temporary guardian (ho has also family to loo7 after. "s
young adolescents they really need parental lo1e, care, guidance and support to ensure their protection
and (ell being.
In 1ie( of the foregoing, it is hereby respectfully recommended that minors Elaine D. ;amos, Elma D. ;amos
and Eugene D. ;amos be adopted by their maternal aunt Di(ata :andingin. !rial custody is hereby further
recommended to be dispensed (ith considering that they are close relati1es and that close attachments (as
already de1eloped bet(een the petitioner and the # minors.
$C
4agbilao narrated (hat transpired during her inter1ie(, as follo(s:
!he mother of minors came home together (ith her son )ohn Mario, this May %&&% for # (ee7s 1acation. !his is
to enable her appear for the personal inter1ie( concerning the adoption of her children.
!he plan for the adoption of minors by their paternal aunt Di(ata :andingin (as concei1ed after the death of their
paternal grandmother and guardian. !he paternal relati1es including the petitioner (ho attended the (a7e of their
mother (ere 1ery much concerned about the (ellHbeing of the three minors. Ahile preparing for their adoption,
they ha1e as7ed a cousin (ho has a family to stay (ith minors and act as their temporary guardian.
!he mother of minors (as consulted about the adoption plan and after (eighing the benefits of adoption to her
children, she 1oluntarily consented. She realiBed that her children need parental lo1e, guidance and support
(hich she could not pro1ide as she already has a second family I residing in Italy. Jno(ing also that the
petitioners I her children ha1e been supporting her children up to the present and truly care for them, she
belie1es her children (ill be in good hands. She also finds petitioners in a better position to pro1ide a secured
and bright future to her children.
$5
'o(e1er, petitioner failed to present 4agbilao as (itness and offer in e1idence the 1oluntary consent of "melia
;amos to the adoption- petitioner, li7e(ise, failed to present any documentary e1idence to pro1e that "melia
assents to the adoption.
On No1ember %#, %&&%, the court, finding merit in the petition for adoption, rendered a decision granting said
petition. !he dispositi1e portion reads:
A'E;E6O;E, it is hereby ordered that henceforth, minors Elaine DiBon ;amos, Elma DiBon ;amos, Eugene
DiBon ;amos be freed from all legal obligations obedience and maintenance from their natural parents and that
they be declared for all legal intents and purposes the children of Di(ata ;amos :andingin. !rial custody is
dispensed (ith considering that parentHchildren relationship has long been established bet(een the children and
the adopti1e parents. :et the surnames of the children be changed from 0DiBonH;amos0 to 0;amosH:andingin.0
:et a copy of this decision be furnished the :ocal Ci1il ;egistrar of !arlac, !arlac for him to effect the
corresponding changes<amendment in the birth certificates of the abo1eHmentioned minors.
SO O;DE;ED.
$+
!he OS2 appealed
%&
the decision to the Court of "ppeals on December %, %&&%. In its brief
%$
for the oppositorH
appellant, the OS2 raised the follo(ing arguments:
I
!'E !;I": CO9;! E;;ED IN 2;"N!IN2 !'E 4E!I!ION 6O; "DO4!ION DES4I!E !'E :"CJ O6
CONSEN! O6 !'E 4;O4OSED "DO4!EES. FIO:O2IC": MO!'E;.
II
!'E !;I": CO9;! E;;ED IN 2;"N!IN2 !'E 4E!I!ION 6O; "DO4!ION DES4I!E !'E :"CJ O6 !'E
A;I!!EN CONSEN! O6 !'E 4E!I!IONE;.S C'I:D;EN "S ;EK9I;ED F8 :"A.
III
!'E !;I": CO9;! E;;ED IN 2;"N!IN2 !'E 4E!I!ION 6O; "DO4!ION DES4I!E 4E!I!IONE;.S
6"I:9;E !O ES!"F:IS' !'"! S'E IS IN " 4OSI!ION !O S944O;! !'E 4;O4OSED "DO4!EES.
On "pril %+, %&&,, the C" rendered a decision
%%
re1ersing the ruling of the ;!C. It held that petitioner failed to
adduce in e1idence the 1oluntary consent of "melia ;amos, the children.s natural mother. Moreo1er, the affida1it
of consent of the petitioner.s children could not also be admitted in e1idence as the same (as e@ecuted in 2uam,
9S" and (as not authenticated or ac7no(ledged before a 4hilippine consular office, and although petitioner has
a ?ob, she (as not stable enough to support the children. !he dispositi1e portion of the C" decision reads:
A'E;E6O;E, premises considered, the appealed decision dated No1ember %3, %&&% of the ;egional !rial
Court, Franch *#, !arlac City in Spec. 4roc. No. %C## is hereby ;EGE;SED and SE! "SIDE.
SO O;DE;ED.
%#
4etitioner filed a Motion for ;econsideration
%,
on May %$, %&&,, (hich the C" denied in its ;esolution dated
"ugust $%, %&&,.
%3
4etitioner, thus, filed the instant petition for re1ie( on certiorari
%*
on September C, %&&,, assigning the follo(ing
errors:
$. !'"! !'E 'ONO;"F:E :OAE; CO9;! '"S OGE;:OOJED "ND MIS"44:IED SOME 6"C!S
"ND CI;C9MS!"NCES A'IC' ";E O6 AEI2'! "ND IM4O;!"NCE "ND A'IC' I6
CONSIDE;ED AO9:D '"GE "66EC!ED !'E ;ES9:! O6 !'E C"SE.
%. !'"! !'E 'ONO;"F:E :OAE; CO9;! E;;ED IN CONC:9DIN2 !'"! !'E 4E!I!IONE;H
"44E::EE IS NO! 6IN"NCI"::8 C"4"F:E !O S944O;! !'E !';EE C'I:D;EN.
%C
!he issues raised by the parties in their pleadings are the follo(ing: =a> (hether the petitioner is entitled to adopt
the minors (ithout the (ritten consent of their biological mother, "melia ;amos- =b> (hether or not the affida1it of
consent purportedly e@ecuted by the petitionerHadopter.s children sufficiently complies (ith the la(- and =c>
(hether or not petitioner is financially capable of supporting the adoptees.
!he Court.s ;uling
!he petition is denied for lac7 of merit.
It has been the policy of the Court to adhere to the liberal concept, as stated in Mal7inson 1. "gra1a,
%5
that
adoption statutes, being humane and salutary, hold the interest and (elfare of the child to be of paramount
consideration and are designed to pro1ide homes, parental care and education for unfortunate, needy or
orphaned children and gi1e them the protection of society and family in the person of the adopter as (ell as to
allo( childless couples or persons to e@perience the ?oys of parenthood and gi1e them legally a child in the
person of the adopted for the manifestation of their natural parental instincts. E1ery reasonable intendment
should thus be sustained to promote and fulfill these noble and compassionate ob?ecti1es of the la(.
%+
'o(e1er, in Cang 1. Court of "ppeals,
#&
the Court also ruled that the liberality (ith (hich this Court treats matters
leading to adoption insofar as it carries out the beneficent purposes of the la( to ensure the rights and pri1ileges
of the adopted child arising therefrom, e1er mindful that the paramount consideration is the o1erall benefit and
interest of the adopted child, should be understood in its proper conte@t and perspecti1e. !he Court.s position
should not be misconstrued or misinterpreted as to e@tend to inferences beyond the contemplation of la( and
?urisprudence. !hus, the discretion to appro1e adoption proceedings is not to be anchored solely on best
interests of the child but li7e(ise, (ith due regard to the natural rights of the parents o1er the child.
#$
Section + of ;epublic "ct No. 533%, other(ise 7no(n as the Domestic "doption "ct of $++5, pro1ides:
Sec. +. Ahose Consent is Necessary to the "doption. H "fter being properly counseled and informed of his<her
right to gi1e or (ithhold his<her appro1al of the adoption, the (ritten consent of the follo(ing to the adoption is
hereby re/uired:
=a> !he adoptee, if ten =$&> years of age or o1er-
=b> !he biological parent=s> of the child, if 7no(n, or the legal guardian, or the proper go1ernment
instrumentality (hich has legal custody of the child-
=c> !he legitimate and adopted sons<daughters, ten =$&> years of age or o1er, of the adopter=s> and
adoptee, if any-
=d> !he illegitimate sons<daughters, ten =$&> years of age or o1er, of the adopter, if li1ing (ith said
adopter and the latter.s souse, if any-
=e> !he spouse, if any, of the person adopting or to be adopted.
!he general re/uirement of consent and notice to the natural parents is intended to protect the natural parental
relationship from un(arranted interference by interlopers, and to insure the opportunity to safeguard the best
interests of the child in the manner of the proposed adoption.
#%
Clearly, the (ritten consent of the biological parents is indispensable for the 1alidity of a decree of adoption.
Indeed, the natural right of a parent to his child re/uires that his consent must be obtained before his parental
rights and duties may be terminated and reHestablished in adopti1e parents. In this case, petitioner failed to
submit the (ritten consent of "melia ;amos to the adoption.
Ae note that in her ;eport, 4agbilao declared that she (as able to inter1ie( "melia ;amos (ho arri1ed in the
4hilippines (ith her son, )ohn Mario in May %&&%. If said "melia ;amos (as in the 4hilippines and 4agbilao (as
able to inter1ie( her, it is incredible that the latter (ould not re/uire "melia ;amos to e@ecute a Aritten Consent
to the adoption of her minor children. Neither did the petitioner bother to present "melia ;amos as (itness in
support of the petition.
4etitioner, nonetheless, argues that the (ritten consent of the biological mother is no longer necessary because
(hen "melia.s husband died in $++&, she left for Italy and ne1er came bac7. !he children (ere then left to the
guidance and care of their paternal grandmother. It is the paternal relati1es, including petitioner, (ho pro1ided for
the children.s financial needs. 'ence, "melia, the biological mother, had effecti1ely abandoned the children.
4etitioner further contends that it (as by t(ist of fate that after $% years, (hen the petition for adoption (as
pending (ith the ;!C that "melia and her child by her second marriage (ere on 1acation in the 4hilippines.
4agbilao, the DSAD social (or7er, (as able to meet her, and during the meeting, "melia intimated to the social
(or7er that she conformed to the adoption of her three children by the petitioner.
4etitioner.s contention must be re?ected. Ahen she filed her petition (ith the trial court, ;ep. "ct No. 533% (as
already in effect. Section + thereof pro1ides that if the (ritten consent of the biological parents cannot be
obtained, the (ritten consent of the legal guardian of the minors (ill suffice. If, as claimed by petitioner, that the
biological mother of the minors had indeed abandoned them, she should, thus ha1e adduced the (ritten consent
of their legal guardian.
Ordinarily, abandonment by a parent to ?ustify the adoption of his child (ithout his consent, is a conduct (hich
e1inces a settled purpose to forego all parental duties.
##
!he term means neglect and refusal to perform the filial
and legal obligations of lo1e and support. If a parent (ithholds presence, lo1e, care, the opportunity to display
filial affection, and neglects to lend support and maintenance, the parent, in effect, abandons the child.
#,
Merely permitting the child to remain for a time undisturbed in the care of others is not such an
abandonment.
#3
!o dispense (ith the re/uirement of consent, the abandonment must be sho(n to ha1e e@isted
at the time of adoption.
#*
In this case, petitioner relied solely on her testimony and that of Elaine ;amos to pro1e her claim that "melia
;amos had abandoned her children. 4etitioner.s testimony on that matter follo(s:
K Ahere is the mother of these three children no(
" She left for Italy on No1ember %&, $++&, sir.
K "t the time (hen "melia ;amos left for Italy, (as there an instance (here she communicated (ith the family
" None, sir.
K 'o( about (ith her children
" None, sir.
K Do you 7no( (hat place in Italy did she reside
" I do not 7no(, sir.
K Did you recei1e any ne(s about "melia ;amos
" Ahat I 7no(, sir, (as that she (as already married (ith another man.
K 6rom (hom did you learn that
" 6rom others (ho came from Italy, sir.
K Did you come to 7no( (hether she has children by her second marriage
" 8es, sir, she got t(o 7ids.
#C
Elaine, the eldest of the minors, testified, thus:
K Ahere is your mother no(
" In Italy, sir.
K Ahen did your mother left for Italy
" "fter my father died, sir.
K 'o( old (ere you (hen your mother left for Italy in $++&
" !(o years old, sir.
K "t the time (hen your mother left for Italy, did your mother communicate (ith you
" No, sir.
#5
'o(e1er, the 'ome Study ;eport of the DSAD Social Aor7er also stated the follo(ing:
IG. Fac7ground of the Case:
@ @ @ @
Since the mother left for Italy, minors siblings had been under the care and custody of their maternal
grandmother. 'o(e1er, she died in No1. %&&$ and an uncle, cousin of their deceased father no( ser1es as their
guardian. !he petitioner, together (ith her children and other relati1es abroad ha1e been supporting the minor
children financially, e1en during the time that they (ere still li1ing (ith their natural parents. !heir mother also
sends financial support but 1ery minimal.
#+
@ @ @ @
G. Fac7ground Information about the Minors Feing Sought for "doption:
@ @ @ @
"s the eldest she tries her best to be a role model to her younger siblings. She helps them in their lessons, (or7s
and has fun (ith them. She also encourages openness on their problems and concerns and pro1ides petty
counseling. In serious problems she already consult =sic> her mother and petitionerHaunt.
,&
@ @ @ @
In their 3 years of married life, they begot # children, herein minors, "melia recalled that they had a happy and
comfortable life. "fter the death of her husband, her inHla(s (hich include the petitioner had continued pro1iding
support for them. 'o(e1er being ashamed of ?ust depending on the support of her husband.s relati1es, she
decided to (or7 abroad. 'er parents are also in need of financial help as they are undergoing maintenance
medication. 'er parents mortgaged their farm land (hich she used in going to Italy and (or7ed as domestic
helper.
Ahen she left for Italy in No1ember $++&, she entrusted her # children to the care I custody of her motherHinHla(
(ho returned home for good, ho(e1er she died on No1ember %&&&.
Ahile (or7ing in Italy, she met )un !ayag, a married man from !arlac. !hey became li1eHin partners since $++3
and ha1e a son )ohn Mario (ho is no( % years old. !he three of them are considered Italian residents. "melia
claimed that Mr. !ayag is planning to file an annulment of his marriage and his (ife is amenable to it. 'e is
pro1iding his legitimate family regular support.
"melia also sends financial support ranging from 4$&,&&&H4$3,&&& a month through her parents (ho share
minimal amount of 4#,&&&H43,&&& a month to his =sic> children. !he petitioner and other paternal relati1es are
continuously pro1iding support for most of the needs I education of minors up to present.
,$
!hus, (hen "melia left for Italy, she had not intended to abandon her children, or to permanently se1er their
motherHchild relationship. She (as merely impelled to lea1e the country by financial constraints. 8et, e1en (hile
abroad, she did not surrender or relin/uish entirely her motherly obligations of rearing the children to her no(
deceased motherHinHla(, for, as claimed by Elaine herself, she consulted her mother, "melia, for serious personal
problems. :i7e(ise, "melia continues to send financial support to the children, though in minimal amounts as
compared to (hat her affluent inHla(s pro1ide.
:et it be emphasiBed, ne1ertheless, that the adoption of the minors herein (ill ha1e the effect of se1ering all legal
ties bet(een the biological mother, "melia, and the adoptees, and that the same shall then be 1ested on the
adopter.
,%
It (ould thus be against the spirit of the la( if financial consideration (ere to be the paramount
consideration in deciding (hether to depri1e a person of parental authority o1er his<her children. More proof has
to be adduced that "melia has emotionally abandoned the children, and that the latter (ill not miss her guidance
and counsel if they are gi1en to an adopting parent.
,#
"gain, it is the best interest of the child that ta7es
precedence in adoption.
Section #,, ;ule $#% of the ;ules of Court pro1ides that the Court shall consider no e1idence (hich has not been
formally offered. !he purpose for (hich the e1idence is offered must be specified. !he offer of e1idence is
necessary because it is the duty of the Court to rest its findings of fact and its ?udgment only and strictly upon the
e1idence offered by the parties. 9nless and until admitted by the court in e1idence for the purpose or purposes
for (hich such document is offered, the same is merely a scrap of paper barren of probati1e (eight. Mere
identification of documents and the mar7ings thereof as e@hibits do not confer any e1identiary (eight on
documents unless formally offered.
,,
4etitioner failed to offer in e1idence 4agbilao.s ;eport and of the )oint "ffida1it of Consent purportedly e@ecuted
by her children- the authenticity of (hich she, li7e(ise, failed to pro1e. !he ?oint (ritten consent of petitioner.s
children
,3
(as notariBed on )anuary $*, %&&% in 2uam, 9S"- for it to be treated by the ;ules of Court in the
same (ay as a document notariBed in this country it needs to comply (ith Section % of "ct No. %$&#,
,*
(hich
states:
Section %. "n instrument or document ac7no(ledged and authenticated in a foreign country shall be considered
authentic if the ac7no(ledgment and authentication are made in accordance (ith the follo(ing re/uirements:
=a> !he ac7no(ledgment shall be made before =$> an ambassador, minister, secretary of legation,
chargL d affaires, consul, 1iceHconsul, or consular agent of the ;epublic of the 4hilippines, acting (ithin
the country or place to (hich he is accredited, or =%> a notary public or officer duly authoriBed by la( of
the country to ta7e ac7no(ledgments of instruments or documents in the place (here the act is done.
=b> !he person ta7ing the ac7no(ledgment shall certify that the person ac7no(ledging the instrument or
document is 7no(n to him, and that he is the same person (ho e@ecuted it, and ac7no(ledged that the
same is his free act and deed. !he certificate shall be under his official seal, if he is by la( re/uired to
7eep a seal, and if not, his certificate shall so state. In case the ac7no(ledgment is made before a
notary public or an officer mentioned in subdi1ision =%> of the preceding paragraph, the certificate of the
notary public or the officer ta7ing the ac7no(ledgment shall be authenticated by an ambassador,
minister, secretary of legation, chargL de affaires, consul, 1iceHconsul, or consular agent of the ;epublic
of the 4hilippines, acting (ithin the country or place to (hich he is accredited. !he officer ma7ing the
authentication shall certify under his official seal that the person (ho too7 the ac7no(ledgment (as at
the time duly authoriBed to act as notary public or that he (as duly e@ercising the functions of the office
by 1irtue of (hich he assumed to act, and that as such he had authority under the la( to ta7e
ac7no(ledgment of instruments or documents in the place (here the ac7no(ledgment (as ta7en, and
that his signature and seal, if any, are genuine.
"s the alleged (ritten consent of petitioner.s legitimate children did not comply (ith the aforeHcited la(, the same
can at best be treated by the ;ules as a pri1ate document (hose authenticity must be pro1ed either by anyone
(ho sa( the document e@ecuted or (ritten- or by e1idence of the genuineness of the signature or hand(riting of
the ma7ers.
,C
Since, in the instant case, no further proof (as introduced by petitioner to authenticate the (ritten consent of her
legitimate children, the same is inadmissible in e1idence.
In re1ersing the ruling of the ;!C, the C" ruled that petitioner (as not stable enough to support the children and
is only relying on the financial bac7ing, support and commitment of her children and her siblings.
,5
4etitioner
contradicts this by claiming that she is financially capable as she has (or7ed in 2uam for $, years, has sa1ings,
a house, and currently earns M3.$3 an hour (ith tips of not less than M$,&&&.&& a month. 'er children and
siblings ha1e li7e(ise committed themsel1es to pro1ide financial bac7ing should the need arise. !he OS2, again
in its comment, ban7s on the statement in the 'ome Study ;eport that 0petitioner has limited income.0
"ccordingly, it appears that she (ill rely on the financial bac7ing of her children and siblings in order to support
the minor adoptees. !he la(, ho(e1er, states that it is the adopter (ho should be in a position to pro1ide support
in 7eeping (ith the means of the family.
Since the primary consideration in adoption is the best interest of the child, it follo(s that the financial capacity of
prospecti1e parents should also
be carefully e1aluated and considered. Certainly, the adopter should be in a position to support the (ouldHbe
adopted child or children, in 7eeping (ith the means of the family.
"ccording to the "doption 'ome Study ;eport
,+
for(arded by the Department of 4ublic 'ealth I Social Ser1ices
of the 2o1ernment of 2uam to the DSAD, petitioner is no longer supporting her legitimate children, as the latter
are already adults, ha1e indi1idual li1es and families. "t the time of the filing of the petition, petitioner (as 3C
years old, employed on a partHtime basis as a (aitress, earning M3.$3 an hour and tips of around M$,&&& a
month. 4etitioner.s main intention in adopting the children is to bring the latter to 2uam, 9S". She has a house at
Kuitugua Subdi1ision in 8igo, 2uam, but the same is still being amortiBed. 4etitioner li7e(ise 7no(s that the
limited income might be a hindrance to the adoption proceedings.
2i1en these limited facts, it is indeed doubtful (hether petitioner (ill be able to sufficiently handle the financial
aspect of rearing the three children in the 9S. She only has a partHtime ?ob, and she is rather of age. Ahile
petitioner claims that she has the financial support and bac7ing of her children and siblings, the OS2 is correct in
stating that the ability to support the adoptees is personal to the adopter, as adoption only creates a legal relation
bet(een the former and the latter. Moreo1er, the records do not pro1e nor support petitioner.s allegation that her
siblings and her children are financially able and that they are (illing to support the minors herein. !he Court,
therefore, again sustains the ruling of the C" on this issue.
Ahile the Court recogniBes that petitioner has only the best of intentions for her nieces and nephe(, there are
legal infirmities that militate against re1ersing the ruling of the C". In any case, petitioner is not pre1ented from
filing a ne( petition for adoption of the herein minors.
A'E;E6O;E, premises considered, the petition is hereby DENIED.
SO O;DE;ED.