• FILIATION

• PATERNITY
• LEGITIMATE CHILDREN
• ILLEGITIMATE CHILDREN
 FILIATION PATERNITY
- The relation of a - The relation of the
child to his or her child to his or her
parent father
• LEGITIMATE CHILDREN • ILLEGITIMATE CHILDREN
- Conceived and born either - Conceived and born
naturally or by artificial outside a valid marriage
insemination to a valid are illegitimate
marriage or to a void
marriage but is
considered legitimate by
law
Chapter 2 – Proof of Filiation
 Article 172. The filiation of legitimate children is established by
any of the following:
1.) The record of birth appearing in the civil register or a final judgment; or
2.) An admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be
proved by:
1.) The open and continuous possession of the status of a legitimate child; or
2.) Any other means allowed by the Rules of Court and special laws.
Birth Certificate
• Offers a prima facie evidence of filiation and a high
degree of proof is needed to overthrow the
presumption of truth contained in such public
document.
Prima Facie Evidence
• Establishes a fact but loses its
probative value once contradicted
by superior evidence.
 Benitez – Badua vs. Court of
Appeals
G.R. No. 105625, Jan. 24, 1994
• A birth certificate to be considered as validating
proof of paternity and as an instrument of
recognition, must be signed by the father and
mother jointly, or by the mother alone if the
father refuses.
 Angeles vs. Maglaya
G.R. No. 153798, Sept. 2, 2005
Baptismal Certificate
• A private document which is not a conclusive proof of
filiation. It does not have the same probative value as a
record of birth, an official or public document.
 Cabais vs. Court of Appeals
G.R. Nos. 1O6314-15, Oct. 8, 1999
“Any other means allowed by the Rules of Court
and special laws.”
• Child’s baptismal certificate
• A judicial admission
• A family bible in which the child’s name has been entered
• Common reputation respecting the child’s pedigree
• Admission by silence
• Testimony of witness
• Other kinds of proof of admission under Rule 130 of the
Rules of Court
• Letters to the mother vowing to be a good father
to the child and pictures of the putative father
cuddling the child on various occasions, together
with the certificate of live birth proved filiation
DNA (Deoxyribonucleic Acid) Test
Results
• In assessing the probative value of DNA evidence,
courts should consider, inter alia, the following factors:
how the samples were collected, how they were
handled, the possibility of contamination of the
samples, the procedure followed in analyzing the
samples, whether proper standards and procedures
were followed in conducting the tests, and the
qualification of the analyst who conducted the tests.
 Herrera vs. Alba
G.R. No. 162571, June 15 2OO5
 Article 174. Legitimate children shall have the
right:
1.) To bear the surnames of the father and the mother, in
conformity with the provisions of the Civil Code on
Surnames;
2.) To receive support from their parents, their
ascendants, and in proper cases, their brothers and
sisters, in conformity with the provisions of this Code
on Support;
Illegitimate Children
Title VI: Paternity & Filiation
Mark Dela Cruz
Art. 175. Illegitimate children may establish their illegitimate filiation
in the same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Art.
173, except when the action is based on the second paragraph of Art.
172, in which case the action may be brought during the lifetime of
the alleged parent.
 Illegitimate children may establish filiation
the same way as legitimate children.
action brought same period in Art.
173, except second paragraph of Art.
172, action brought lifetime of
the alleged parent.
 Prescription (General Rule)
• Lifetime of child
 Transmissible
Proofs of Establishment ⁺ Died a minor
⁺ Insane
•Birth Certificate ⁺ Within five (5) years
•Admission:
 Public Document
 Private (by hand; signed)
•Others:
 Open, continuous
possession of status
 Other means allowed by
Rules of Court Prescription (Exception)
• Lifetime of the alleged
parent
 Procedural Aspects for Filiation (Herrera vs Alba)
• Prima facie case
 A valid, probable case, unless proven otherwise
• Affirmative defenses
 Burden of proof shifts
• Presumption of legitimacy
• Physical resemblance
 Effect of Age in Action of Filiation
Point of Similarity or Uyguanco vs CA Bernabe vs Alejo
Contrast
Proof of Filiation Exception Exception
Age Prior FC Age of Majority Minority
Right to Action Absent Present
Laws Applicable Art. 175 (FC) – establish filiation Art. 175 (FC) – establish filiation
Art. 172 (FC) – decide prescription Art. 172 (FC) – decide prescription
Art. 256 (FC) – disclaimer of repeal Art. 256 (FC) – disclaimer of repeal
of certain provisions of NCC of certain provisions of NCC
Art. 285 (NCC) – prescription of action for Art. 285 (NCC) – prescription of action for
natural children natural children
JUR. 72 SCRA 307 – action also for spurious
children
 Written
Fernandez
DeHeirs of Documents
Nepomuceno
Castro
Potenciano
Dela CruzvsvsDe
Fernandez
Cabaisvs vs CA
Lopez
Castro
Reynoso
Gracia
Facts
Facts:
Facts:
• •Facts:
Birth Certificate
Petitioner and (De Castro were
respondent vs Desweethearts,
Castro) mates
•••• Petitioner
Petitioner,
Petitioner,
Respondent predeceased
left with
respondent
gave birth
gave by
property her
by mother,
recognized
unmarried
birth unmarried.adoptive
as inherits
parents
illegitimate
Contends land of his
children
petitioner is in will
father
• •Last will
Planned and
grandmother testament
by right
marriage; (Potenciano
of representation.
eventually voided. vs Reynoso)
Did(innot cohabit afterwards
••• (Greedy)
Their
Her respondents
father
common-law
Petitioner executed
makes contends
a
husband deed for
wrote
a handwritten no
the
a
notefiliation
lot
handmade was
will)
promising made
in
letter favor of petitioner
acknowledging
to support
•••Other Public
Respondents
Respondent document
however
gave birth; (Fernandez
present
asks a vs Fernandez)
baptismal
support from certificate.
petitioner It didchild.
not
child;
provideno
••• Petitioner
Respondent affixed
submits signature.
contends
petitioner’s against
baptismal
grandmother the
cert., sale;
as petitioner
application
her mom’s for avers
backno
mother. payfiliation
of father
Respondent
• •Private asserts
handwriting such
(Dela note
Cruz proves
vs filiation
Gracia) no acknowledgment
Petitioner
•• Husband’s
made; thuscontends
no
family they never
personality
executed to
an cohabited;
sue.
affidavit ofentitled
acknowledgment
Respondents continued petitioner is not to the land since
• Written undertaking (Nepomuceno
document proves no filiation existed. vs Lopez)
Ruling:
Ruling:
•Ruling:
Church registers (Heirs of Cabais vs CA)
Ruling:
•• ItThe
is adocument,
public document;
though however its purpose
handwritten, does not
not for filiation
contain a categorical
•
Ruling:
Birth certificate
Filiation
• Though may be lists petitioner
established in as father.
wills
not tenable without signature, proof by pedigree supports
acknowledgment
•• Baptismal certificates dohusband’s
not establish filiation.
proof
In (testimony
affidavit
Petitioner regarding
and of the
tax
respondent ememption,
executed family)
petitioner
an affidavit admits
enjoininghe’sthe
thewill.
father
 Other Written Documents
Chua
MarcaydavsvsCANaz Discussed
Facts:
•Facts:
Child’s report card (Delgado vs Rustia)
• Petitioner and respondent had illicit relations, which bore a child
••• Notarial
Petitioner
Respondent,
claims toon
agreement
a bar
be support
an acknowledged
passer, denies (Marcayda
the child.
natural
vs Naz)child
Petitioner
of her
threats to defer
deceased
admission mother
if no support was
• Other public document withmade
declaration of filiation (Chua vs CA)
• Parties
Petitioner presents
execute her mother’s
a notarial agreementSALN,
(with GSIS insurance,
admissions) Teacher’s
for support;
charges withdrawn
Federation forms.
• Months later, petitioner demand support. Respondent claims birth
certificate does not claim he’s the father.
Ruling:
Ruling:
• The proofs were of authentic writing, constituting voluntary
• recognition.
Notarial agreements (with all the admissions) on support are valid.
 Recognition, Inheritance Joined (Tayag vs CA)
Facts:
• Private respondent claims for her child’s recognition and inheritance
from petitioner, administratrix of the deceased father of the child.
• Respondent provided letters of affection and love for child by father
• Petitioner contends because of form, action prescribed; recognition
and inheritance can not be joined.

Ruling:
• Prosecution of acknowledgment need not be concluded to file action
for inheritance
 Allegation of Acknowledgment Not Required
(Tayag vs Gallor)
Facts:
• Respondent claims to be spurious child of petitioner’s late husband.
She also demands inheritance from father
• Petitioner contends lack of cause since no allegation of
acknowledgment was made

Ruling:
• Successional rights not only determined by judicial action for
recognition as proof of voluntary recognition may be shown.
 When Judicial Action for Recognition Required
(Javier vs CA)
Facts:
• Petitioners are children of an acknowledged child of their grandpa
• They claim from respondents, trustees of their grandpa’s titles, such.
• Respondents contend their father was not recognized judicially or
voluntarily acknowledged

Ruling:
• Any proof of filiation other than usual means (birth certificate, will,
etc.; voluntary recognition) need judicial action for recognition
 When Judicial Action for Recognition Required
(Javier vs CA)
Facts:
• Petitioners are children of an acknowledged child of their grandpa
• They claim from respondents, trustees of their grandpa’s titles, such.
• Respondents contend their father was not recognized judicially or
voluntarily acknowledged

Ruling:
• Any proof of filiation other than usual means (birth certificate, will,
etc.; voluntary recognition) need judicial action for recognition
Proper Case to Resolve Filiation (Agapay vs Palang)
Facts:
• Petitioner was a mistress of respondent’s husband
• Petitioner claims inheritance for his son, with claim of filiation in the
proceeding of recovery of ownership

Ruling:
• Claim of filiation should not be made on civil action such as recovery
of ownership, but in a proper probate proceeding
 Open and Continuous
Perla vs Possession
Mendoza Baring
vs CA of Status
•Facts:
Open and continuous (Mendoza vs CA)
•• Acts
Private
Respondent
respondent
gavemust
of affection birth
claims
betocontinuous;
co-respondent.
she is an illegitimate
She
single actavers
childpetitioner
of petitioner
not continuous as dad
(Perla
• vs Baring)
Her
Co-respondent
proofs of filiation
says petitioner
revolves around
kissed and
continuous
hugged him
possession
upon meetup
of
• Continuous
status:
and promised
giving ofsupport
money,merely
possession calling apetitioner
ground to“Papa,”
compelmother claiming
(Delgado vs his
“Papa” is the one paying for education
Rustia)
Ruling:
Ruling:
• There must be continuous manifestation of affection and care; single
• “Continuous”
instance cannot does
be not
considered
necessarily
continuous
mean perpetual status as
illegitimate. It means that it is not “off-and-on,” intermittent
 Physical Resemblance (Tijing vs CA)
Facts:
• Petitioner couples contended that private respondent, then their
laundrywoman, snatched their child
• Respondent claims such child is hers

Ruling:
• Court finds trial court’s observation tenable that petitioner and child
showed strong facial resemblance
 Blood “Modern”
Types of Possible Children
Science inCA
Aid of Impossible
Filiation Children
Mates Jao vs
OXO O A, B, AB
Point
Facts: of Similarity or Blood Grouping DNA Testing
OXA O, A B, AB
Contrast
• Parties underwent a blood grouping. Confirmed non-paternity
OXB O, B A, AB
Process
• Parent-petitioner averredCrossmatching of they
cohabitation when Matching of genetic
had coitus
O X AB A, B O, AB
blood types between markers
AXA O, A B, AB
Ruling: parent and child
AXB O, A, B, AB
• Medical science
Utility have proven indisputable
Non-paternity result with Paternity
regard to non-
A X AB
paternity A, B, AB O
B X B happened after coitus.
• Cohabitation O, B Even if it were true, A,
it AB
cannot
reject scientific
B X AB fact. A, B, AB O
Legitimated Children
Title VI: Paternity & Filiation
Daniel Galzote
TITLE VI:
PATERNITY AND FILIATION
CHAPTER IV:
LEGITIMATED CHILDREN
LEGITIMATED CHILDREN

Article 177
Only children conceived and born
outside of wedlock of parents who,
at the time of the conception of
the former, were not disqualified
by any impediment to marry each
other may be legitimated.
LEGITIMATED CHILDREN

“Legitimated” children are

illegitimate children who because
of the subsequent marriage of their
parents are, by legal fiction,
considered legitimate.
LEGITIMATED CHILDREN

Requisites for Legitimation:

The child was conceived and born
outside of wedlock.
EXCEPTION:
GENERAL RULE:
RA
The9858parents,
- at the time of the
child's born toconception,
Children were
not disqualified
parents who were soby any impediment
disqualified only because
either or both
to marry of them
each were below
other.
eighteen (18) years of age at the time
of child’s conception may be legitimated.
LEGITIMATED CHILDREN
ABADILLA vs TABILIRAN, JR.
FACTS:
Ø Administrative case filed by Ma. Blyth B. Abadilla, a
Clerk of Court of respondent, Judge Jose C. Tabiliran, Jr.
Ø Abadilla, in respect to the charge of gross immorality
on the part of the respondent, contends that
respondent had scandalously and publicly cohabited
with a certain Priscilla Q. Baybayan during the existence
of his legitimate marriage with Teresita Banzuela.
Ø Respondent caused to be registered as “legitimate”,
his three illegitimate children with Priscilla Baybayan.
LEGITIMATED CHILDREN
ABADILLA vs TABILIRAN, JR.
ISSUE:
W/N his three illegitimate children with Priscilla
Baybayan may be legitimated.
LEGITIMATED CHILDREN
ABADILLA vs TABILIRAN, JR.
RULING:
NO, his three illegitimate children with Priscilla Baybayan
may NOT be legitimated.
Under Article 177 of the Family Code which reiterated
Article 269 of the Civil Code:
“Only children conceived and born outside of wedlock
of parents who, at the time of the conception of the
former, were not disqualified by any impediment to
marry each other may be legitimated.”
LEGITIMATED CHILDREN
ABADILLA vs TABILIRAN, JR.
RULING:
In this case, an examination of the birth certificates of
respondent’s three illegitimate children with Priscilla Baybayan
clearly indicate that it was respondent who caused the entry
therein. It is important to note that these children were born prior
to the marriage of respondent to Priscilla. As a lawyer and a
judge, respondent ought to know that, despite his subsequent
marriage to Priscilla, these three children cannot be legitimated
nor in any way be considered legitimate since at the time they
were born, there was an existing valid marriage between
respondent and his first wife, Teresita B. Tabiliran.
LEGITIMATED CHILDREN
ABADILLA vs TABILIRAN, JR.
The reason for this limitation are as follows:
1) The rationale of legitimation would be destroyed;
2) It would be unfair to the legitimate children in terms of
successional rights;
3) There will be the problem of public scandal, unless social
mores change;
4) It is too violent to grant the privilege of legitimation to
adulterous children as it will destroy the sanctity of marriage;
5) It will be very scandalous, especially if the parents marry
many years after the birth of the child.
LEGITIMATED CHILDREN

Article 178
Legitimation shall take place by a
subsequent valid marriage
between parents. The annulment
of a voidable marriage shall not
affect the legitimation.
LEGITIMATED CHILDREN
ILLUSTRATION
Born out of wedlock Born during a:
Valid Marriage
Legitimate Child
Illegitimate Child Legitimated Child
LEGITIMATED CHILDREN
EXAMPLE On Jan 1, 2015,
Batman and Wonder
woman got married.

Jan 1, 2014
Joker was born

Joker is now a
Illegitimate child legitimated child
LEGITIMATED CHILDREN

If the subsequent marriage is not

valid, there is NO LEGITIMATION:
EXAMPLE:
1. Bigamous marriage
2. Incestuous marriage
LEGITIMATED CHILDREN
Annulment of a voidable marriage does not affect the legitimation.
EXAMPLE: On Jan 1, 2015, Batman and
Wonder woman got married
but w/o parental consent.

Jan 1, 2014
Joker was born Joker is now a legitimated
child
On January 1, 2016, the marriage
was annulled due to no parental
consent, still Joker status is
Illegitimate child legitimated.
LEGITIMATED CHILDREN

Article 179
Legitimated children shall enjoy
the same rights as legitimate
children.
 LEGITIMATED CHILDREN
RIGHTS OF THE LEGITIMATE AND ILLEGITIMATE CHILD (SSS)
LEGITIMATE/LEGITIMATED ILLEGITIMATED
1. SURNAME uses surname of mother but the father’s
surname may be used if father has explicitly
Of the father and mother recognized the child as his (RA9255, Revilla
Law)

2. SUCCESSION
½ the share of a legitimate
Those granted in the Civil child
Code
3. SUPPORT
entitle to support but support will
In accordance with the come from separate properties of
provision of the Family Code parent
LEGITIMATED CHILDREN

Article 180
The effects of legitimation shall
retroact to the time of the child’s
birth.
LEGITIMATED CHILDREN

Article 181
The legitimation of children who
died before the celebration of the
marriage shall benefit their
descendants.
A dead child can be legitimated
LEGITIMATED CHILDREN

Article 182
Legitimation may be impugned
only by those who are prejudiced
in their rights, within five years from
the time their cause of action
accrues.
LEGITIMATED CHILDREN

Persons prejudiced:
The persons prejudiced are those
persons whose shares in the
amount of support or inheritance
are adversely affected by the
legitimation.
LEGITIMATED CHILDREN

Grounds for impugning

legitimation:
1. The subsequent marriage of the
child's parents is void.
2. The child allegedly legitimated is
not natural.
3. The child is not really the child of
the alleged parents.
LEGITIMATED CHILDREN

QUESTION:
Ms. A and Mr. B a high school graduating student
are boy friend and girlfriend happens to be in
hotel for several times, Ms. A got pregnant and
gave birth, what is the status of the child and
when can be the legitimation be process?
LEGITIMATED CHILDREN

ANSWER
The child status is illegitimate, the child can only
be legitimated when the both parties entered into
a legal marriage provided that they will reach the
age of maturity as stated in Article 177 of the
family code. Retro act will took effect in this case,
once the valid marriage is contracted, the
legitimation effect during the birth of the child.
LEGITIMATED CHILDREN

THANK YOU FOR

LISTENING.
Domestic Adoption Act of
1998
Title VII: Adoption
Ivan Clo Jen R. Nahilat
SECTION 1. Short Title. — This Act shall
be known as the “Domestic Adoption Act
of 1998.”
SEC. 2. Declaration of Policies. —

a) It is hereby declared the policy of the

State to ensure that every child remains under the
care and custody of his/her parent(s) and be provided with love, care,
understanding and security
towards the full and harmonious development of
his/her personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the child’s
extended family is available
shall adoption by an unrelated person be considered.
b) In all matters relating to the care, custody and adoption of a child, his/her
interest shall be the paramount consideration in accordance with the tenets
set forth in the United Nations (UN) Convention on the Rights of the Child; UN
Declaration on Social and Legal Principles Relating to the Protection
andWelfare of Children with Special Reference to Foster Placement and
Adoption, Nationally and Internationally; and the Hague Convention
on the Protection of Children and Cooperation in
Respect of Inter-country Adoption. Toward this
end, the State shall provide alternative protection
and assistance through foster care or adoption for
every child who is neglected, orphaned, or abandoned.
c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted child. Any
voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the
status of the child as “legally available for adoption” and his/her custody transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take
steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process
domestic adoption applications, and offer adoption-related services including, but not limited to, parent preparation and post
adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child’s identity and culture in his/her native land, and only when this is
not available shall inter-country adoption be considered as a last resort.
SEC. 3. Definition of Terms. — For purposes of
this Act, the following terms shall be defined as:

(a) “Child” is a person below eighteen (18)

years of age.
(b) “A child legally available for adoption”
refers to a child who has been voluntarily or
involuntarily committed to the Department or to a
duly licensed and accredited child-placing or child-
caring agency, freed of the parental authority of
his/her biological parent(s) or guardian or adopter(s)
in case of rescission of adoption.
(c) “Voluntarily committed child” is one whose
parent(s) knowingly and willingly relinquishes
parental authority to the Department.
(d) “Involuntarily committed child” is one
whose parent(s), known or unknown, has been
permanently and judicially deprived of parental
authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
(e) “Abandoned child” refers to one who has
no proper parental care or guardianship or whose
parent(s) has deserted him/her for a period of at least
six (6) continuous months and has been judicially
declared as such.
(f) “Supervised trial custody” is a period
of time within which a social worker oversees
the adjustment and emotional readiness of both
adopter(s) and adoptee in stabilizing their filial
relationship.
(g) “Department” refers to the Department of
Social Welfare and Development.
(h) “Child-placing agency” is a duly licensed
and accredited agency by the Department to provide
comprehensive child welfare services including, but
not limited to, receiving applications for adoption,
evaluating the prospective adoptive parents and
preparing the adoption home study.
(i) “Child-caring agency” is a duly licensed
and accredited agency by the Department that
provides twenty-four (24)-hour residential care
services for abandoned, orphaned, neglected, or
voluntarily committed children.
(j) “Simulation of birth” is the tampering of
the civil registry making it appear in the birth records
that a certain child was born to a person who is not
his/her biological mother, causing such child to lose
his/her true identity and status.
ARTICLE II
PRE-ADOPTION SERVICES
• SEC. 4. Counseling Services. — The
Department shall provide the services
of licensed social workers to the
following:
(a) Biological Parent(s) — Counseling shall be provided to the parent(s) before and after
the birth of his/her child. No binding commitment to an adoption plan shall be
permitted before the birth of his/her child. A period of six (6) months shall be allowed
for the biological parent(s) to reconsider any decision to relinquish his/her child for
adoption before the decision becomes irrevocable. Counseling and rehabilitation
services shall also be offered to the biological parent(s) after he/she has relinquished
his/her child for adoption.

Steps shall be taken by the Department to ensure that no hurried decisions are
made and all alternatives for the child’s future and the implications of each alternative
have been provided.
(b) Prospective Adoptive Parent(s) — Counseling
sessions, adoption for a and seminars, among others,
shall be provided to prospective adoptive parent(s) to
resolve possible adoption issues and to prepare
him/her for effective parenting.
(c) Prospective Adoptee — Counseling sessions shall
be provided to ensure that he/she understands the
nature and effects of adoption and is able to express
his/her views on adoption in accordance with his/her
age and level of maturity.
SEC. 5. Location of Unknown Parent(s). — It
shall be the duty of the Department or the child
placing or child-caring agency which has custody of
the child to exert all efforts to locate his/her unknown
biological parent(s). If such efforts fail, the child shall
be registered as a foundling and subsequently be the
subject of legal proceedings where he/she shall be
declared abandoned.
SEC. 6. Support Services. — The Department
shall develop a pre-adoption program which shall
include, among others, the above-mentioned services.
Article III: Eligibility
Title VII: Adoption
Jally Lacoto Alindo
 Republic Act, No. 8552
"Domestic Adoption Act of 1998."
 Outli
ne
• Who may adopt?
• Who may be adopted?
• Whose consent is necessary to
the adoption?
(Secs.7,8,9)
Sec. 7
Who may ELIGIBILITY OF PROSPECTIVE
ADOPTERS
(COMMON TO THE THREE)
adopt.
 of legal age,
• ANY FILIPINO CITIZEN  in possession of full civil capacity
• ANY ALIEN and legal rights,
• A GUARDIAN W/  of good moral character,
 has not been convicted of any
RESPECT TO THE WARD crime involving moral turpitude,
 emotionally and psychologically
capable of caring for children,
 at least sixteen (16) years older
than the adoptee,
 in a position to support and care
for his/her children in keeping
with the means of the family.
Sec. 7
Who may
adopt.
AN ALIEN ADOPTER
REQS. MAY BE WAIVED
 A former Filipino citizen who
seeks to adopt a relative
 One who seeks to adopt the
legitimate son/daughter of
his/her Filipino spouse
 One who is married to a
Filipino citizen and seeks to
adopt jointly with his/her
spouse a relative
ELIGIBILITY
 his/her country has diplomatic
relations with the Republic of the
Philippines,
 he/she has been living in the
Philippines for at least three (3)
continuous years
 he/she has the legal capacity to
adopt in his/her country,
 his/her government allows the
adoptee to enter his/her country
as his/her adopted son/daughter:
Sec. 7
Sec. 7
Who may after the termination of the
adopt. guardianship and clearance
of his/her financial
THE GUARDIAN WITH accountabilities.
RESPECT TO THE WARD

EXCEPTIONS:
 If one spouse seeks to adopt the
GENERAL RULE: legitimate son/daughter of the other;
or
Husband and  if one spouse seeks to adopt his/her
own illegitimate son/daughter:

wife shall
Provided, However, that the other
spouse has signified his/her consent
thereto; or

jointly adopt  if the spouses are legally separated

from each other.

.
 Rule on Joint
Adoption
CASE:
In Re: Petition for Adoption of Michelle P. Lim (and Michael
Jude P. Lim), G.R. Nos. 168992-93, May 21, 2009

EFFECTS OF ADOPTION:
 Sever all legal ties between the biological parents and
adoptee
 Deem the adoptee as a legitimate child of the adopter
 Give adopter and adoptee reciprocal rights and
obligations arising from the relationship of parent and
child
 Sec. 8
Who may be
adopted?
1. Any person below eighteen (18) years of age
2. The legitimate son/daughter of one spouse by the other
spouse;
3. An illegitimate son/daughter by a qualified adopter
4. A person of legal age
5. A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent(s) has died
 Sec. 9
Whose consent is necessary to
the adoption.
1. The adoptee, if ten (10) years of age or over;
2. The biological parent(s) of the child, if known;
3. The legitimate and adopted sons/daughters of the
adopter(s) and adoptee, if any;
4. The illegitimate sons/daughters of the adopter
5. The spouse, if any, of the person adopting

Can minor children be legally adopted without the written consent

of a natural parent on the ground that the latter has abandoned
them?
Consent of Natural
Parent
CASE:
Cang vs. Court of Appeals, G.R. No. 105308, 1998
Article IV: Procedure
Title VII: Adoption
Raymond L. Diaz
Objectives:
• A brief overview of the Domestic Adoption
Procedure
• Briefly explain the Domestic Adoption Procedure
• Present a case
Article IV
Procedure (Domestic Adoption)
• Section 10. Hurried Decisions
• Section 11. Case Study
• Section 12. Supervised Trial Custody
• Section 13. Decree of Adoption
• Section 14. Civil Registry Record
• Section 15. Confidential Nature of
Proceedings and Records
• Summary
 Adoption:
Sec. 1, Art.1 of Republic Act 8552
• The most complete means whereby permanent
family life can be restored to a child deprived of
his/her biological family.
• A legal device by which a better future may be
accorded an unfortunate child (DSWD v. Judge Belen (1997))
 Section 10. Hurried Decisions
• In all proceedings for adoption, the court shall require
proof that the biological parent(s) has been properly
counselled to prevent him/her from making hurried
decisions caused by strain or anxiety to give up the child,
and to sustain that all measures to strengthen the family
have been exhausted and that any prolonged stay of the
child in his/her own home will be inimical to his/her
welfare and interest.
 Section 11. Case Study1
• No petition for adoption shall be set for hearing unless a
licensed social worker of the Department, the social
service office of the local government unit, or any child-
placing or child-caring agency has made a case study of
the adoptee, his/her biological parent(s), as well as the
adopter(s), and has submitted the report and
recommendations on the matter to the court hearing
such petition.
 Section 11. Case Study2
• At the time of preparation of the adoptee's case
study, the concerned social worker shall confirm with
the Civil Registry the real identity and registered
name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the
responsibility of the concerned social worker to
ensure that the adoptee is registered.
 Section 11. Case Study3
• The case study on the adoptee shall establish that
he/she is legally available for adoption and that the
documents to support this fact are valid and
authentic. Further, the case study of the adopter(s)
shall ascertain his/her genuine intentions and that
the adoption is in the best interest of the child.
 Section 11. Case Study4
• The Department shall intervene on behalf of the
adoptee if it finds, after the conduct of the case
studies, that the petition should be denied. The case
studies and other relevant documents and records
pertaining to the adoptee and the adoption shall be
preserved by the Department.
 Section 12. Supervised Trial Custody1
• No petition for adoption shall be finally granted until the
adopter(s) has been given by the court a supervised trial
custody period for at least six (6) months within which
the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding
relationship. During said period, temporary parental
authority shall be vested in the adopter(s).
 Section 12. Supervised Trial Custody2
• The court may motu proprio or upon motion of any
party reduce the trial period if it finds the same to be
in the best interest of the adoptee, stating the
reasons for the reduction of the period. However, for
alien adopter(s), he/she must complete the six (6)-
month trial custody except for those enumerated in
Sec. 7 (b) (i) (ii) (iii).
 Section 12. Supervised Trial Custody3
• If the child is below seven (7) years of age and is
placed with the prospective adopter(s) through a
pre-adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy
all the benefits to which biological parent(s) is
entitled from the date the adoptee is placed with the
prospective adopter(s).
 Section 13. Decree of Adoption1
• If, after the publication of the order of hearing has been complied
with, and no opposition has been interposed to the petition, and
after consideration of the case studies, the qualifications of the
adopter(s), trial custody report and the evidence submitted, the
court is convinced that the petitioners are qualified to adopt, and
that the adoption would redound to the best interest of the
adoptee, a decree of adoption shall be entered which shall be
effective as of the date the original petition was filed. This provision
shall also apply in case the petitioner(s) dies before the issuance of
the decree of adoption to protect the interest of the adoptee. The
decree shall state the name by which the child is to be known.
 Section 13. Decree of Adoption
Note:
• DSWD must certify the child as legally available for adoption
as a prerequisite for adoption proceedings. (RA 9253)
• After the decree of adoption, the court may also issue a travel
authority, if needed; DSWD to provide post adoption services
• The case study report by the DSWD/LGU is indispensable.
Without it, the adoption decree shall be void. (DSWD v. Judge
Belen (1997))
 Section 14. Civil Registry Record
• An amended certificate of birth shall be issued by the Civil
Registry, as required by the Rules of Court, attesting to the
fact that the adoptee is the child of the adopter(s) by being
registered with his/her surname. The original certificate of
birth shall be stamped "cancelled" with the annotation of the
issuance of an amended birth certificate in its place and shall
be sealed in the civil registry records. The new birth certificate
to be issued to the adoptee shall not bear any notation that it
is an amended issue.
 Section 15. Confidential Nature of Proceedings
and Records1
• All hearings in adoption cases shall be confidential
and shall not be open to the public. All records,
books, and papers relating to the adoption cases in
the files of the court, the Department, or any other
agency or institution participating in the adoption
proceedings shall be kept strictly confidential.
 Section 15. Confidential Nature of Proceedings
and Records2

• If the court finds that the disclosure of the information to

a third person is necessary for purposes connected with
or arising out of the adoption and will be for the best
interest of the adoptee, the court may merit the
necessary information to be released, restricting the
purposes for which it may be used.
Summary:
Thank you for
Listening
Article V: Effects of
Adoption
Title VII: Adoption
Arvin Michael Duray
ARTICLE V
EFFECTS OF ADOPTION
Section 16. 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).
General Rule:

- Severance of legal ties

Exception:

- The biological parent is the spouse of the

adopter.
Section 17. Legitimacy

- The adoptee shall be considered the legitimate

son/daughter of the adopter(s) for all intents and
purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters
born to them without discrimination of any kind. To this
end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family.
 EFFECTS OF ADOPTION

• The adopted child becomes the natural child of the

adoptive parents.

• The adopters must give their consent to the marriage of an

adopted child who is between 18-21 years old.

• The relationship is limited to the adopting parents and the

adoptee.
Section 18. 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.
 LEGAL OR INTESTATE SUCCESSION

• Reciprocal rights of succession

• Survivors are only the adoptee and an illegitimate child

of the adopter.

• The biological parent will not get anything.

 RIGHT OF REPRESENTATION

• The adopter or the adoptee does not have the right of

representation in the law of succession.
 TESTATE SUCCESSION

• If the adoptee and the parents of the adopter are the

survivors of the adopter, the adoptee excludes the
parents of the adopters in the inheritance.

• If the adoptee had left a will to his/her biological

parents, testamentary succession shall govern.
Article VI: Recission of
Adoption
Title VII: Adoption
Wom Lib L. Abela
Article VI – Rescission of Adoption
 Section 19. Grounds for Rescission of
Adoption
Upon petition of the adoptee, with the
assistance of the Department if a minor or
if over eighteen (18) years of age but is
incapacitated, as guardian/counsel, the
adoption may be rescinded on any of the
following grounds committed by the
adopter(s):
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.
 Adoption, being in the best interest of
the child, shall not be subject to rescission
by the adopter(s). However, the adopter(s)
may disinherit the adoptee for causes
provided in Article 919 of the Civil Code.
 Article 192 of the Family Code:
“The adopters may petition the court for judicial rescission
of the adoption in any of the following cases:
1.) If the adopted has committed any act constituting a
ground for disinheriting a descendant; or
2.) When the adopted has abandoned the home of the
adopters during minority for at least one year, or, by
some other acts, has definitely repudiated the adoption.”
The adopter may not rescind the adoption
"Admittedly, Section 19, Article VI of R.A. No. 8552
deleted the right of an adopter to rescind an
adoption earlier granted under the Family Code.
 Lahom vs. Sibulo
G.R. No. 142989,July 14, 2003
 Section 20. Effects of Rescission :
If the petition is granted, the parental
authority of the adoptee’s biological
parent(s), if known, or the legal custody of
the Department shall be restored if the
adoptee is still a minor or incapacitated.
The reciprocal rights and obligations of the
adopter(s) and the adoptee to each other
shall be extinguished.
The court shall order the Civil Registrar to
cancel the amended certificate of 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
judicial rescission shall be respected.
All the foregoing effects of rescission of adoption
shall be without prejudice to the penalties
imposable under the Penal Code if the criminal
acts are properly proven.
Article VII: Violation and
Penalties
Title VII: Adoption
Roland Louie C. Villaneza
ARTICLE VII
Violations and Penalties
SECTION 21. VIOLATIONS AND PENALTIES
 Penalty: 6 years and 1 day to 12 years and/or
 Fine: Greater than Php 50,000 but less than Php 200,000
GROUNDS
 Consent obtained through Coercion, undue influence, fraud,
improper material inducement or other similar acts
 Non- compliance with the procedures and safeguards provided by
law
 Subjecting or exposing the child to danger, abuse or exploitation.
WHO ARE LIABLE?
 Any person who shall cause the fictitious registration of birth of a
child under the name of a person who is not his/her biological
parents is guilty of simulation of birth.
 Any physician or any hospital personnel who cooperated in
execution of such crime is liable.
 Any person who violates the confidentiality of records shall be
imprisoned from 1 year and 1 day to 2 years, and/or a fine not less
than Php5,000 but not more than Php10,000 at the discretion of
the court.
 Syndicate – if carried out by a group of three or more persons
conspiring and/or confederating with one another in carrying out
any of the unlawful acts defined under this Article.
 When the offender is an ALIEN, he/she shall be deported
immediately after service of sentence and perpetually excluded
from entry to country.
 Government Officials: Will be penalized in accordance with
existing civil service laws, rules and regulations: Provided, that
upon filing of the case, said government official shall automatically
suffer suspension until the resolution of the case
SECTION 22
Rectification of Simulated Births
 A person who simulated the birth of the child shall not be
punished if done prior to the effectivity of this Act.
 Provided that:
 (1) Simulation was made for the best interest of the child and
he/she is constantly treated by that person as his/her own child.
 (2) That the application for correction of the birth Registration and
petition for adoption shall be filed within (5) years from the
effectivity of this Act and completed thereafter.
 That such person complies with the procedure for Legal Adoption
as specified in this Act, which includes the Child and Home Study
Report of DSWD to determine if alleged conditions in the
application for rectification exist, and other requirements as
determined by the Department.
Article VIII: Final
Provisions
Title VII: Adoption
Crymyn F. Perlas
ARTICLE VIII.
FINAL PROVISIONS
Section 23. Adoption Resource and Referral
Office
• There shall be established an Adoption Resources
and Referral Office under the Department
Adoption Resource and Referral Office

FUNCTIONS
Monitor the existence, number, and flow of children
legally available for adoption and prospective
adopter(s) so as to facilitate their matching
 Maintain a nationwide information and
educational campaign on domestic adoption
Keep records of adoption proceedings
Generate resources to help child-caring and
child-placing agencies and foster homes
maintain viability
Do policy research in collaboration with
the Intercountry Adoption Board and
other concerned agencies. The office
shall be manned by adoption experts
from the public and private sectors.
Section 24. Implementing Rules and
Regulations.
• Within six (6) months from the promulgation of this
Act, the Department, with the Council for the
Welfare of Children, the Office of Civil Registry
General, the Department of Justice, Office of the
Solicitor General, and two (2) private individuals
representing child-placing and child-caring agencies
shall formulate the necessary guidelines to make the
provisions of this Act operative
Section 25. Appropriations.
• Such sum as may be necessary for the
implementation of the provisions of this Act shall be
included in the General Appropriations Act of the
year following its enactment into law and thereafter.
Section 26. Repealing Clause.
• Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule,
or regulation contrary to, or inconsistent with the
provisions of this Act is hereby repealed, modified, or
amended accordingly.
Section 27. Separability Clause.
• If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected
thereby shall remain valid and subsisting.
Section 28. Effectivity Clause
• This Act shall take effect fifteen (15) days following
its complete publication in any newspaper of general
circulation or in the Official Gazette
Inter-Country Adoption Act of
1995 (R.A. No. 8043)
Title VII: Adoption
Abdul Rahman G. Macasundig
 Chapter 2

Inter-Country
Adoption Act of 1995
(R.A. No. 8043)

ABDUL RAHMAN G. MACASUNDIG

 ARTICLE I
General Provision
• This Act shall be known as the “Inter-
Country Adoption Act of 1995”

• Provide every neglected and abandoned

child with a family that will provide such
child with love and care as well as
opportunities for growth and development.
 ARTICLE II
The Inter-Country Adoption Board
To act as the central authority in
matters relating to inter-country
adoption.
a. Protect the Filipino child
b. Collect, maintain, and preserve
confidential information
c. Monitor, follow up, and facilitate
completion of adoption of the child
 ARTICLE II
d. Prevent improper financial financial
e. Promote the development of
adoption services
f. Lisence and accredit child-
caring/placement agencies
g. Accredit and authorize foreign
adoption agency in the placement of
Filipino children in their own country
h,. Cancel the license to operate and
blacklist the child-caring and
placement agency or adoptive
 ARTICLE II
The Inter-Country Adoption Board
The Board composed of the
Secretary of the Department as ex
officio Chairman, and six (6) other
members to be appointed by the
President for a nonrenewable term of
six (6) years.
The members of the Board shall
receive a per diem allowance of
P1,500 for each meeting attended by
them.
 ARTICLE II

Powers and Functions of the Board

a. To prescribe rules and regulations
b. To set the guidlines for the convening of
an Inter-Country Adoption Placement
Committee
c. To set the guidelines in the
selection/matching of prospective
adoptive parents and adoptive child can
be made
d. To determine a reasonable schedule fees
and charges
 ARTICLE II

Powers and Functions of the Board

e. To determine the form and contents of the
application for inter-country adoption.
f. To formulate and develop policies,
programs and services
g. To institute system and procedures
h. To promote the development of adoption
services
i. To accredit and authorize foreign private
adoption agencies
 ARTICLE II

j. To take appropriate measures to ensure

confidentiality of the records of the child
k. To prepare, review or modify and
thereafter, recommend to the Department
of Foreign Affairs
l. To assist other concerned agencies and
the courts in the implementation of this Act
m. To perform suc other functions on matters
relating to inter-country adoption
Article III: Procedure
(R.A. No. 8043)
Title VII: Adoption
Irvin M. Martinico
ARTICLE VIII.
FINAL PROVISIONS
Section 7: Inter-Country Adoption as the Last
Resort
• The Board shall ensure that all possibilities have
be exhausted (The Family Code)
• That inter-country adoption is the best option for
the child
Exception: foreign adoption shall not exceed six
hundred (600) a year for the first five (5) years
Section 8: Who May Be Adopted?
• Only a legally free child
Requirements to be submitted to the Board:
• Child study
• Birth Certificate/foundling certificate
• Deed of voluntary commitment/decree of abandonment/death
certificate of parents
• Medical evaluation/history
• Psychological evaluation, as necessary
• Recent photo of the child
Section 9: Who May Adopt?
• An alien or Filipino citizen permanently residing
abroad
Requirements:
• At least twenty-seven (27) years old and at least sixteen (16) years older that
the child at the time of the application unless the adopter is the parent by
nature of the child or the spouse of such parent
• If married, his/her spouse must jointly file for the adoption
• Has the capacity to act and assume all rights of responsibilities of parental
authority under his national laws, and has undergone the appropriate
counseling from an accredited counselor in his/her county
• Has not been convicted of a crime involving moral turpitude
• Eligible to adopt under his/her national law
Requirements:
• Is in position to provide proper care and support and to give the necessary moral
values and example to all his children, including the child to be adopted
• Agrees to uphold the basic rights of the child as embodied under Philippine laws,
the U.N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of this Act
• Comes for a country with whom the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and
that adoption is allowed under his/her national laws
• Possesses all the qualifications and none of the disqualifications provided herein
and in other applicable Philippine laws
Section 10: Where to File Application?

 Philippine Regional Trial Court (having jurisdiction

over the child)
 Board, through an intermediate agency
(governmental or authorized and accredited agency
in the country of the prospective adoptive parents)
Requirements: (In support for the application)
 Birth certificate of applicant(s)
 Marriage contract or divorce decree (if married/if applicable)
 Written consent of their biological or adoptive children above ten (10) years old, in the form of
sworn statement
 Physical, medical and psychological evaluation
 Income tax returns or any document showing financial capability of the applicant(s)
 Police clearance of applicant(s)
 Character reference (who have known the applicant/s for at least 5 years
 Recent postcard-size pictures of the applicant(s) and his immediate family
Section 11: Family Selection/Matching
 No child shall be matched to a foreign adoptive family unless it is
satisfactory shown that the child cannot be adopted locally
 The clearance, as issued by the Board, with the copy of the minutes of the
meetings, shall form part of the records of the child to be adopted
 The Board would transmit the Placement Authority to the authorized and
accredited inter-country adoption agency
 The adoptive parents, or any one of them, shall personally fetch the child
in the Philippines
Section 12: Pre-adoptive Placement Costs
 The cost of bringing the child from the Philippines to
the residence of the applicant(s) abroad, including all
travel expenses within the Philippines and abroad
 The cost of passport, visa, medical examination and
psychological evaluation required, and other related
expenses
Section 13: Fees, Charges and Assessments
 Fees, charges, and assessments collected by the
Board in the exercise of its functions shall be used
solely to process applications for inter-country
adoption and to support the activities of the Board
Section 14: Supervision of Trial Custody
 The governmental agency or the authorized and accredited agency in the country of the adoptive parents which
filed the application for inter-country adoption shall be responsible for the trial custody and the care of the child
 It shall provide family counseling and other related services
 The trial custody shall be for a period of six(6) months form the time of placement
 A decree of adoption be issued in the said country, after the lapse of the period of trial custody
 The Department of Foreign Affairs shall set-up a system by which Filipino children sent abroad for trial custody are
monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as
repatriation to the Philippines of a Filipino child whose adoption has not been approved
Section 15: Executive Agreements
 The Department of Foreign Affairs
Penalties: Article IV
 Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in violation of the
provisions of this Act
o Imprisonment ranging from six(6) years and one(1) day to twelve (12) years [prision mayor] and/or
o Fine of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos
(P200,000) [at the discretion of the court]
 Illegality may be presumed from the following acts:
 Consent for an adoption was acquired through, or attended by coercion, fraud, improper material inducement
 There is no authority from the Board to effect adoption
 The procedures and safeguards placed under the law for adoption were not complied with
 The child to be adopted is subjected to, or exposed to danger, abuse and exploitation
 Any person who shall violate established regulations relating to the confidentiality and integrity of records,
documents and communications of adoption applications, cases and processes
o Imprisonment ranging from one(1) year and one(1) day to two(2) years and/or

o Fine of not less than Five thousand pesos (P5,000), but not more than Ten thousand pesos (P10,000) [at the
discretion of the court]
Section 17: Public Officers as Officers
 Any government official, employee or functionary who shall
be found guilty of violating any of the provisions of this Act, or
who shall conspire with private individuals shall, in accordance
with existing civil service laws, rules and regulations: Provided,
that upon the filing of a case, either administrative or criminal,
said government official, employee or functionary concerned
shall automatically suffer suspension until the resolution of
the case.