Adoption and Custody of Minors (Rules 99 and 100)
minor or is incapacitated
I. Distinguish Domestic Adoption from Inter-Country Adoption RA
8552 – Domestic Adoption Act of 1998
Domestic adoption – legal process of adopting a Filipino child by Filipinos
and/or aliens residing in the Philippines for at least 3 consecutive years
Inter-country adoption – the socio-legal process of adopting a Filipino
child by a foreigner or a Filipino citizen permanently residing abroad where
the petition is filed, the supervised trial custody is undertaken, and the
decree of adoption is issued outside the Philippines [Sec. 3(a), R.A. 8043]
Effects of Adoption
1. Parental Authority - except in cases where the biological parent is the
spouse of the adopter, all legal ties between the biological parent(s) and the
adoptee shall be severed and the same shall then be vested on the adopter(s)
[Sec. 16]
2. Legitimacy - the adoptee shall be considered as the legitimate
son/daughter of the adopter(s) for all intents and purposes [Sec. 17]
3. Succession - in legal and intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of succession without distinction from
legitimate filiation. However, if the adoptee and his/her biological parent(s)
had left a will, the law on testamentary succession shall govern. [Sec. 18]
Even if emancipation terminates parental authority, the adoptee is still
considered a legitimate child of the adopter with all the rights of a legitimate
child such as: (1) to bear the surname of the father and the mother; (2) to
receive support from their parents; and (3) to be entitled to the legitime and
other successional rights
Instances when adoption may be rescinded
Upon petition of the adoptee, with the assistance of the DSWD, as guardian
or counsel, if a minor or if over 18 years of age but is incapacitated.
Grounds for Rescission
a. Repeated physical and verbal maltreatment by the adopter(s)
despite having undergone counseling;
b. Attempt on the life of the adoptee;
c. Sexual assault or violence; or
d. Abandonment and failure to comply with parental obligations
Effects of rescission of adoption
- Restoration of parental authority or legal custody if adoptee a
- If the petition is granted, the parental authority of the adoptee’s
biological parent(s), if known, or the legal custody of the DSWD,
shall be restored if the adoptee is still a minor or incapacitated.
- Reciprocal rights and obligations of the adopter(s) and the adoptee
to each other is extinguished
- Restoration of original birth certificate
- The court shall order the Civil Registrar to cancel the amended
certificate or birth of the adoptee and restore his/her original birth
certificate.
- Succession rights shall revert to its status prior to adoption, but
only as of the date of judgment of judicial rescission
- Vested rights acquired prior to rescission shall be respected.
- The foregoing effects of rescission is without prejudice to the
penalties imposable under the RPC if the criminal acts are properly
proven. [Sec. 20]
RA 8043 – Inter-Country Adoption Act of 1995
When allowed - Only to be used as a last resort and in the best interest of
the child when the Inter-country Adoption Board has exhausted all
possibilities for adoption under the Family Code. [Sec. 7, R.A. 8043]
Functions of the RTC
1. Receive the application
2. Assess the qualification of the prospective adopter
3. Refer its findings, if favorable, to ICAB
‘Best interest of the minor’ standard
Inter-country adoption is allowed only when the same shall prove beneficial
to the child’s interest and shall serve and protect his/her fundamental rights.
Rule on Adoption (AM No. 02-6-02-SC effective August 22, 2002)
Who may adopt (Sec. 4)
(1) Any Filipino citizen of legal age, in possession of full civil capacity and
legal rights, of good moral character, has not been convicted of any crime
involving moral turpitude; who is emotionally and psychologically capable
of caring for children, at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his children in keeping with the
means of the family. The requirement of a 16-year difference between the
age of the adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee or is the spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as above-stated for Filipino
nationals: Provided, That his country has diplomatic relations with the
Republic of the Philippines, that he has been living in the Philippines for at
least three (3) continuous years prior to the filing of the petition for
adoption and maintains such residence until the adoption decree is entered,
that he has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his
country, and that his government allows the adoptee to enter his country as
his adopted child. Provided, further, That the requirements on residency and
certification of the alien’s qualification to adopt in his country may be
waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within
the fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino
spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt
jointly with his spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse.
(3) The guardian with respect to the ward after the termination of the
guardianship and clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate child of one spouse
by the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child:
Provided, however, That the other spouse has signified his consent
thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate
child of the other, joint parental authority shall be exercised by the spouses.
Who may be adopted (Sec. 5)
(1) Any person below eighteen (18) years of age who has been voluntarily
committed to the Department under Articles 154, 155 and 156 of P.D. No.
603 or judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the
former to that of legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the adoption,
said person has been consistently considered and treated by the adopters as
their own child since minority;
(5) A child whose adoption has been previously rescinded; or
(6) A child whose biological or adoptive parents have died: Provided, That
no proceedings shall be initiated within six (6) months from the time of
death of said parents.
(7) A child not otherwise disqualified by law or these rules.
Venue and Jurisdiction ( Sec. 20)
The petition shall be filed with the Family Court of the city or province
where the adoptee resides.
Cases:
1. Cang vs. CA – 296 SCRA 128
2. Vda. De Jacob vs. CA – 312 SCRA 772
3. Republic vs. Hon. Jose Hernandez – 253 SCRA 509
4. Republic vs. CA – 255 SCRA 99
5. In the Matter of Stephanie Nathy Astorgia-Garcia – 454 SCRA 541
6. SSS vs. Aguas – 283 SCRA 383
7. Landingin vs. Republic – 493 SCRA 415
Rules on action for support and petition for recognition and
enforcement of foreign decisions or judgments on support (A.M. NO.
21-03-02-SC)
I. General Provisions – Shall govern all actions for support filed by those
entitled to support under the Family Code and other laws obliging
individual to provide support to another person, including petitions for
recognition and enforcement of foreign judgments or decisions for support
II. Procedure for Action for Support
Shall be commenced by filing a verified complaint, following the provisions
of Rule 7, 2019 Amendments to the 1997 Revised Rules of Civil Procedure.
If sufficient in form and substance, the court where the action is pending
shall immediately direct the clerk of court to issue summons to the
defendant to be served together with a copy of the complaint and its
annexes.
At any time before the judgment, an application for support pendente lite in
accordance with Rule 61 may be filed in court.
Summons shall be issued.
Defendant shall file answer within 15 days after service of summons. Court
may fix a longer period not exceeding 60 days from service of summons
where the defendant is not a resident of the Philippines or whereabouts is
unknown.
When amended complaint is filed as a matter of right, the defendant shall
the same within 15 days from service. If it is not a matter of right, the
defendant shall answer within 10 days.
A counterclaim or cross-claim must be answered within 15 days from
service.
A defendant may, for meritorious reason, be granted an additional period of
not more than 15 days to file an answer. A defendant is only allowed to file
1 motion for extension to file an answer.
A motion for extension, other than an answer, is prohibited.
III. Procedure for Petition for Recognition and Enforcement of Foreign
Decisions or Judgment on Support
Who may file – as authorized by law, any person entitled to support may
file a petition for recognition and/or enforcement of a foreign decision or
judgment on support with the court. The petition may be filed by the PAO
on behalf of the petitioner.
A foreign judgment or decision means a conclusion reached regarding an
issue involving support by a judicial or administrative authority of another
state. It includes a settlement or agreement in writing relating to the
payment of support concluded before, or approved by, a judicial or
administrative authority.
Where to file – in the court which has territorial jurisdiction over the place
where the petitioner or respondent actually resides, at the election of the
petitioner, or in the court having territorial jurisdiction over the place where
any of the properties of the respondent is located if said respondent does not
reside in the Philippines or whereabouts is unknown
What and how to file – by filing a verified petition
IV. Common Provisions
- Confidentiality of proceeding and protection of personal data
- Non-disclosure of information in exceptional circumstances such
as health, safety or liberty of the person entitled to support would
be jeopardized by the disclosure of specific identifying information
- Suppletory application of the 2019 Amendments to the 1997
Revised Rules on Civil Procedure
Writ of Habeas Corpus (Rule 102)
I. Definition and Nature of Scope (Sec. 1)
The writ of habeas corpus shall extend to all cases of illegal confinement or
detention by which any person is deprived of his liberty, or by which the
rightful custody of any person is withheld from the person entitled thereto.
Habeas Corpus is a summary remedy. It is analogous to a proceeding in
rem when instituted for the sole purpose of having the person of restraint
presented before the judge in order that the cause of his detention may be
inquired into and his statements final. The writ of habeas corpus does not
act upon the prisoner who seeks relief, but upon the person who holds him
in what is alleged to be the unlawful authority. Hence, the only parties
before the court are the petitioner and the person holding the petitioner in
custody, and the only question to be resolved is whether the custodian has
authority to deprive the petitioner of his liberty.
The writ of habeas corpus and certiorari may be ancillary to each other
where necessary to give effect to the supervisory powers of the higher
courts. A writ of habeas corpus reaches the body and the jurisdictional
matters, but not the record. A writ of certiorari reaches the record but not
the body. Hence, a writ of habeas corpus may be used with the writ of
certiorari for the purpose of review.
However, habeas corpus does not lie where the petitioner has the remedy of
appeal or certiorari.
II. Who may grant the writ (Sec. 2)
The writ of habeas corpus may be granted by the Supreme Court, or any
member thereof in the instances authorized by law, and if so granted it shall
be enforceable anywhere in the Philippines, and may be made returnable
before the court or any member thereof, or before a Court of First Instance,
or any judge thereof for the hearing and decision on the merits. It may also
be granted by a Court of First Instance, or a judge thereof, on any day and at
any time, and returnable before himself, enforceable only within his judicial
district.
III. Requisites for Application (Sec. 3)
Application for the writ shall be by petition signed and verified either by the
party for whose relief it is intended, or by some person on his behalf, and
shall set forth:
(a) That the person in whose behalf the application is made is imprisoned or
restrained on his liberty;
(b) The officer or name of the person by whom he is so imprisoned or
restrained; or, if both are unknown or uncertain, such officer or person may
be described by an assumed appellation, and the person who is served with
the writ shall be deemed the person intended;
(c) The place where he is so imprisoned or restrained, if known;
(d) A copy of the commitment or cause of detention of such person, if it can
be procured without impairing the efficiency of the remedy; or, if the
imprisonment or restraint is without any legal authority, such fact shall
appear.
IV. Disallowance or Discharge of the Writ (Sec. 4)
If it appears that the person alleged to be restrained of his liberty is in the
custody of an officer under process issued by a court or judge or by virtue
of a judgment or order of a court of record, and that the court or judge had
jurisdiction to issue the process, render the judgment, or make the order, the
writ shall not be allowed; or if the jurisdiction appears after the writ is
allowed, the person shall not be discharged by reason of any informality or
defect in the process, judgment, or order. Not shall anything in this rule be
held to authorize the discharge of a person charged with or convicted of an
offense in the Philippines, or of a person suffering imprisonment under
lawful judgment.
V. When must be granted and issued (Sec. 5)
A court or judge authorized to grant the writ must, when a petition therefor
is presented and it appears that the writ ought to issue, grant the same
forthwith, and immediately thereupon the clerk of the court shall issue the
writ under the seal of the court; or in case of emergency, the judge may
issue the writ under his own hand, and may depute any officer or person to
serve it.
VI. Preliminary Citation vs. Peremptory Writ (Sec. 6)
PRELIMINARY CITATION PEREMPTORY WRIT
Issued when the cause of the detention
Issued when a government officer
appears to be patently illegal and the
has the person in his custody, the
non-compliance herewith is
illegality of which is not patent, to
punishable (Lee Yick Hon v. Collector
show cause why the writ of habeas
of Customs, G.R. No. 16779, March
corpus should not issue
30, 1921).
VII. Return, when evidence; when plea (Sections 10, 12, 13)
Section 10. Contents of return. — When the person to be produced is
imprisoned or restrained by an officer, the person who makes the return
shall state therein, and in other cases the person in whose custody the
prisoner is found shall state, in writing to the court or judge before whom
the writ is returnable, plainly and unequivocably:
(a) Whether he has or has not the party in his custody or power, or
under restraint;
(b) If he has the party in his custody or power, or under restraint,
the authority and the true and whole cause thereof, set forth at
large, with a copy of the writ, order execution, or other process, if
any, upon which the party is held;
(c) If the party is in his custody or power or is restrained by him,
and is not produced, particularly the nature and gravity of the
sickness or infirmity of such party by reason of which he cannot,
without danger, be bought before the court or judge;
(d) If he has had the party in his custody or power, or under
restraint, and has transferred such custody or restraint to another,
particularly to whom, at what time, for what cause, and by what
authority such transfer was made.
Hearing on return
GR: The court or judge before whom the writ is returned or adjourned must
immediately proceed to hear and examine the return.
XPN: The hearing may be adjourned for good causes, provided that
conditions upon the safekeeping of the detained person are laid. If the
detained person cannot be produced before the court, the officer or person
detaining must satisfy the court of the gravity of the alleged sickness or
infirmity (Sec. 12, Rule 102).
NOTE: During the hearing, the court or judge shall disregard matters of
form and technicalities of the authority or order of commitment.
Section 13. When the return evidence, and when only a plea. — If it
appears that the prisoner is in custody under a warrant of commitment in
pursuance of law, the return shall be considered prima facie evidence of the
cause of restraint, but if he is restrained of his liberty by any alleged private
authority, the return shall be considered only as a plea of the facts therein
set forth, and the party claiming the custody must prove such facts.
VIII. Rule on the custody of Minors and Writ of Habeas Corpus in
relation to Custody of Minors (A.M. No. 03-04-04 SC)
Who may file a petition for custody of minor
A verified petition for the rightful custody of a minor may be filed by any
person claiming such right. The party against whom it may be filed shall be
designated as the respondent (Sec. 2, AM No. 03-04-04-SC).
Purpose of the petition
In cases involving minors, the purpose of a petition for habeas corpus is not
limited to the production of the child before the court; the main purpose of
the petition for habeas corpus is to determine who has the rightful custody
over the child
Where filed
The petition for custody of minor is filed with the Family court of the
province or city where the petitioner resides or where the minor may be
found (Sec. 3, AM No. 03-04- 04-SC).
The CA and the SC have concurrent jurisdiction with Family courts in
habeas corpus cases where the custody of minors is involved. The
provisions of RA 8369 must be read in harmony with RA 7029 and BP 129
― that Family courts have concurrent jurisdiction with the CA and the SC
in petitions for habeas corpus where the custody of minors is at issue
Requisites in petitions for habeas corpus involving minors
1. That the petitioner has the right of custody over the minor;
2. That the rightful custody of the minor is being withheld from the
petitioner by the respondent; and
3. That it is to the best interest of the minor concerned to be in the
custody of petitioner and not that of the respondent (Sombong v.
CA, G.R. No. 11876, January 31, 1996).
Q: May a motion to dismiss be filed?
A: NO. Motion to dismiss is not allowed except on the ground of lack
jurisdiction over the subject matter or the parties.
Provisional order awarding custody
As far as practicable, the following order of preference shall be observed in
the award of custody:
1. Both parents jointly;
2. Either parent, taking into account all relevant considerations,
especially the choice of the minor over 7 years of age and of
sufficient discernment, unless the grandparent chosen is unfit or
disqualified;
3. The grandparent or if there are several grandparents, the
grandparent chosen by the minor over 7 years of age and of
sufficient discernment, unless the grandparent chosen is unfit or
disqualified;
4. The eldest brother or sister over 21 years of age unless he or she is
unfit or disqualified;
5. The actual custodian of the minor over 21 years of age unless the
former is unfit or disqualified; or
6. Any other person or institution the court may deem suitable to
provide proper care and guidance for the minor (Sec. 13, AM No.
03-04-04-SC).
Temporary visitation rights
The court shall provide in its order awarding provisional custody
appropriate visitation rights to the non-custodial parent or parents unless the
court funds said parent or parents unfit or disqualified (Sec. 15, AM No. 03-
04-04-SC).
Issuance of Hold Departure Order
The minor child cannot be brought out of the country without leave from
court while the petition is pending. The minor child subject of the petition
shall not be brought out of the country without prior order from the court
while the petition is pending.
The court, motu proprio or upon application under oath, may issue ex parte detention by which any
person is deprived of 3. Storing data or information
a hold departure order, addressed to the Bureau of Immigration and liberty; and Regarding:
Deportation, directing it not to allow the departure of the minor from the 2. Cases where the 2.
rightful custody of any
Enforced
disappearances.
a.
b.
Person;
Family;
Philippines without the permission of the court (Sec. 16, AM No. 03-04-04- person is withheld from c. Home; or
the person entitled d. Correspondence.
SC). thereto.
1. RTC where the
In case of legal separation of the parents petitioner or
respondent resides, or
The custody of the minor children shall be awarded to the innocent spouse, that which has
1. RTC of the
unless otherwise directed by the court in the interest of the minor children. place where the
jurisdiction over the
place where the data or
1. RTC where the
But when the husband and wife are living separately and apart from each person is
threat, act or information is
omission was gathered, collected or
other, without decree of the court, the court shall award the care, custody detained;
committed or stored, at the option of
2. Sandiganbayan;
and control of each child as will be for his best interest, permitting the child 3. Court of
any of its the petitioner;
elements 2. SB;
to choose which parent he prefers to live with if he is over 7 years of age Where to file
Appeals;
occurred; 3. CA; or
4. Supreme Court;
unless the parent so chosen be unfit to take charge of the child by reason of or
2. SB or any 4. SC when the
justice thereof; a. action
moral depravity, habitual drunkenness or poverty. 5. Any justice of
3. CA or any concerns
the
justice thereof; public
three preceding
or data files
By filing a petition for declaration of nullity of marriage, the issue of courts.
4. SC or any or
custody of the children is deemed automatically submitted pursuant to the justice thereof. governm
ent
express provisions of Articles 49 and 50 of the Family Code. offices.

IX. Distinguish from writ of amparo and habeas data In the following order:
1. Any member of
the immediate 1) Any aggrieved party;
HABEAS CORPUS AMPARO HABEAS DATA family; 2) However, in cases of
Literal 2. Any ascendant, extralegal killings and
You have the body To protect You have the data
interpretation descendant, or enforced disappearances:
Right to liberty of and rightful Right to informational privacy, collateral a) Any member of the
Right to life, liberty and 1. Party for whose
Rights Involved custody by the aggrieved honor, self-determination and relative of the immediate family; or
security relief it is
person freedom of expression aggrieved party b) Any ascendant,
Who may file a intended; or
Writ directed to the person within the 4th descendant, or
Remedy available to any person petition 2. Any person on
detaining another, civil degree of collateral relative of
Remedy available to any whose right to privacy in life, liberty his behalf.
commanding him to produce consanguinity the aggrieved party
person whose right to life, or security is violated or threatened or affinity; w/in the 4th civil degree
the body of the prisoner at a
liberty, and security is by an unlawful act or omission of a 3. Any concerned of consanguinity or
designated time and place,
violated or threatened with public official or employee, or of a citizen, affinity
with the day and cause of his
Description violation by an unlawful act private individual or entity engaged organization,
capture and detention, to do,
or omission of a public in the gathering, collecting, or association or
submit to, and receive
official or employee, or of a storing of data or information institution.
whatsoever the court or judge
private individual or entity. regarding the person, family, home
awarding the writ shall
and correspondence of the aggrieved
consider in that behalf.
party.

To direct the public officers

To direct the person detaining involved to conduct an
To order the disclosure or destruction
Office of the another to produce the body of investigation as to the
of data relating to the right to life,
Remedy the person being detained and whereabouts and legality of
liberty or security of a person.
show the cause of detention. the detention of a missing
person.
Coverage 1. All cases of illegal 1. Extrajudicial killings; 1. Gathering;
confinement or and 2. Collecting; or
 18. Salientes vs. Abanilla – 500 SCRA 128
19. In re: Ashrof Kunting – 487 SCRA 602
20. Ko vs. Cabcaban, January 14, 2014
Public official or employee or a 21. Adonis vs. Tesoro, 697 SCRA 337, June 5, 2013
private individual or entity engaged
in the gathering collecting or storing 22. So vs. Tada, 633 SCRA 562, 2010
Public official or employee or
Respondent May or may not be an officer
a private individual or entity
of data or information regarding the
person, family, home and
23. Ma. Hazelina A. Tujan-Militante vs Raquel Cada-Deapara G.R.
correspondence of the aggrieved No. 210636
party.

If granted by SC or CA:
enforceable anywhere In the
Enforceability of Philippines;
writ If granted by RTC:
enforceable only within the
judicial district
Enforceable anywhere in the
Enforceable anywhere in the
Philippines
Philippines regardless of who
issued the same

Cases:
1. Thornton vs. Thornton, August 16, 2004
2. Fletcher vs. Director of Bucor, July 17, 2009
3. Aquino vs. Esperon, G.R. No. 174994, August 31, 2007
4. Ampatuan vs. Macaraig, June 29, 2010
5. Go vs. Dimagiba, G.R. No. 151876, June 21, 2005
6. Chavez vs. CA, G.R. No. L-29169, August 19, 1968
7. Bagtas vs. Santos, G.R. No. 166682, November 27, 2009
8. Tujan-Militante vs. Cada-Deapera, July 28, 2014
9. Ilusorio vs. Bildner – 332 SCRA 169
10. Serapio vs. Sandiganbayan – 396 SCRA 443
11. Lacson vs. Perez – 357 SCRA 756
12. Pulido vs. Abu – 526 SCRA 483
13. Sangca vs. City Prosecutor of Cebu – 524 SCRA 610
14. Veluz vs. Villanueva – 543 SCRA 63
15. Sec. of National Defense vs. Mansio – 569 SCRA 1
16. Office of the Court Administrator vs. Puello – 575 SCRA 394
17. Martinez vs. Mendoza – 499 SCRA 234