ASG Law

Category: Adoption Law

  • Adoption in the Philippines: Consent of Adult Children and Jurisdictional Requirements

    The Vital Role of Adult Children’s Consent in Philippine Adoption Cases

    G.R. No. 264146, August 07, 2023

    Imagine a scenario where a loving couple seeks to adopt a child they’ve cared for as their own. However, their adult children, who stand to inherit from them, were not properly notified or asked for their consent. This raises critical questions about the validity of the adoption process and the rights of all parties involved. The Supreme Court case of Nena Bagcat-Gullas v. Joselito F. Gullas underscores the importance of obtaining the consent of adult children in adoption proceedings, highlighting the potential for a judgment to be deemed void if this requirement is not met. This case clarifies the rights of adult children and the procedural requirements for a valid adoption under Philippine law.

    Understanding Indispensable Parties and Adoption Law

    Philippine adoption law is governed primarily by Republic Act No. 8552, also known as the Domestic Adoption Act of 1998. This law outlines the requirements and procedures for legally adopting a child in the Philippines. One of the critical aspects of this law is the necessity of obtaining consent from certain individuals to ensure the adoption process is fair and protects the rights of all parties involved.

    Specifically, Section 9 of R.A. No. 8552 states:

    SECTION 9. Whose Consent is Necessary to the Adoption. — After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:

    ….

    (c) The legitimate and adopted sons/daughters, ten (10)-years of age or over, of the adopter(s) and adoptee, if any; . . .

    This provision clearly mandates that the legitimate and adopted children, aged ten years or older, of the adopter must provide written consent for the adoption to proceed. This requirement is not merely a formality; it is a crucial safeguard to protect the rights and interests of these children, as the adoption can impact their inheritance and familial relationships.

    Consider a hypothetical situation: Mr. and Mrs. Reyes decide to adopt a child. They have two adult children, both over the age of 21. Under R.A. No. 8552, the consent of these adult children is legally required. If the adoption proceeds without their informed and written consent, the validity of the adoption can be challenged in court.

    The Case of Bagcat-Gullas: A Detailed Look

    The case of Nena Bagcat-Gullas v. Joselito F. Gullas revolves around a petition for adoption filed by Nena Bagcat-Gullas and her husband, Jose R. Gullas, for a minor named Jo Anne Maria Ariraya. The RTC initially granted the petition, but the adult children of Jose R. Gullas—Joselito, Joie Marie, and John Vincent—subsequently contested the decision, arguing that they were indispensable parties whose consent was necessary for the adoption to be valid.

    Here’s a breakdown of the case’s procedural journey:

    • Initial Petition: Nena Bagcat-Gullas and Jose R. Gullas filed a petition for adoption in the RTC of Cebu City.
    • RTC Decision: The RTC initially granted the petition without requiring the consent of Jose’s adult children.
    • Children’s Intervention: The adult children filed a Motion for Reconsideration, asserting their right to consent as indispensable parties.
    • RTC Reversal: The RTC reversed its initial decision, acknowledging the need for the adult children’s consent and ordering that they be served summons.
    • CA Decision: The Court of Appeals affirmed the RTC’s reversal, emphasizing the importance of obtaining consent from indispensable parties.

    The Supreme Court, in upholding the CA’s decision, emphasized the importance of this consent. The Court stated:

    The law could not be any clearer. The consent of the adopter’s legitimate children, who are, at least, of the age of 10, is required for the petition for adoption to prosper.

    Furthermore, the Court highlighted the necessity of personal service of summons to ensure the protection of substantive rights:

    Personal service of summons should have been effected on the spouse and all legitimate children to ensure that their substantive rights are protected. It is not enough to rely on constructive notice as in this case. Surreptitious use of procedural technicalities cannot be privileged over substantive statutory rights.

    Practical Implications and Key Lessons

    This case has significant implications for adoption proceedings in the Philippines. It reinforces the principle that adult children of the adopter are indispensable parties whose consent is required for a valid adoption, especially concerning inheritance and familial harmony. Moving forward, it is crucial for parties seeking adoption to ensure that all indispensable parties are properly notified and given the opportunity to provide their consent.

    Key Lessons:

    • Consent is Crucial: Obtain written consent from all adult children of the adopter.
    • Proper Notification: Ensure personal service of summons to all indispensable parties.
    • Legal Counsel: Seek legal advice to navigate the complexities of adoption law.

    For instance, if a couple is considering adopting a relative, they must ensure that their adult children are fully informed and provide their written consent. Failure to do so can result in the adoption being challenged and potentially invalidated.

    Frequently Asked Questions

    Q: Are adult children always considered indispensable parties in adoption cases?

    A: Yes, under R.A. No. 8552, legitimate and adopted children aged ten years or older are considered indispensable parties and their written consent is required.

    Q: What happens if an adult child’s consent is not obtained?

    A: If the consent of an indispensable party is not obtained, the adoption can be challenged and may be deemed void by the courts.

    Q: Can an adoption be challenged years after it has been finalized?

    A: Yes, if it can be proven that the consent of an indispensable party was not obtained or that there were other jurisdictional defects, the adoption can be challenged even after it has been finalized.

    Q: What is the role of the National Authority for Child Care (NACC) in adoption proceedings?

    A: The NACC has original and exclusive jurisdiction over all matters pertaining to alternative child care, including domestic administrative adoption. It aims to streamline and expedite the adoption process.

    Q: What if an adult child refuses to give consent?

    A: If an adult child refuses to give consent, the adoption may not proceed unless there are compelling reasons and legal grounds to override the lack of consent, which is highly unlikely.

    ASG Law specializes in Family Law including Adoption. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Adoption Rights: How Residency Affects Foreign Nationals’ Adoption Petitions in the Philippines

    In Spouses Joon Hyung Park and Kyung Ah Lee v. Hon. Rico Sebastian D. Liwanag, the Supreme Court ruled that foreign nationals residing in the Philippines for at least three continuous years may file for domestic adoption, not inter-country adoption. This decision emphasizes that the Domestic Adoption Act of 1998 appropriately covers such cases, ensuring the child’s welfare remains the paramount consideration. This ruling clarifies the jurisdiction and procedures for adoption involving foreign residents, streamlining the process and prioritizing the child’s best interests.

    Domestic Adoption or Inter-Country? Navigating the Legal Maze for Foreign Residents

    The case revolves around Spouses Joon Hyung Park and Kyung Ah Lee, American citizens residing in the Philippines, who sought to adopt a minor named Innah Alegado. The Regional Trial Court (RTC) initially treated the petition as one for inter-country adoption due to the petitioners’ foreign citizenship. This prompted the RTC to direct the transmittal of the adoption petition to the Inter-Country Adoption Board (ICAB). The central legal question is whether foreign nationals, who have resided in the Philippines for a substantial period, should be subjected to the rules on domestic adoption or inter-country adoption.

    The petitioners argued that since they have been residing in the Philippines for more than three continuous years, the Domestic Adoption Act of 1998 should apply. The RTC, however, insisted on treating the case as an inter-country adoption, which led to the dismissal of the initial petition. This dismissal was based on the interpretation that the petitioners, being foreign citizens, should comply with the requirements set forth for inter-country adoptions, regardless of their residency status in the Philippines. The Court of Appeals (CA) further compounded the issue by dismissing the Petition for Certiorari filed by the petitioners for being filed out of time.

    In resolving the issue, the Supreme Court emphasized that procedural rules should be relaxed to serve substantial justice, particularly concerning the welfare of the child. Citing Heirs of Deleste v. Land Bank of the Phils, the Court reiterated that a strict application of technicalities should be avoided if it frustrates justice. The Court noted that the petitioners’ second motion for reconsideration was based on a supervening event, namely the agreement between the Supreme Court and ICAB regarding the treatment of adoption cases filed by foreigners residing in the Philippines.

    Rules of procedure are merely tools designed  to facilitate the attainment of justice. If the application of the Rules would tend to frustrate rather than to promote justice, it is always within our power to suspend the rules or except a particular case from their operation. Law and jurisprudence grant to courts the  prerogative to relax compliance with the procedural rules, even the most mandatory in character, mindful of the duty to reconcile the need to put an end to litigation speedily and the parties’ right to an opportunity to be heard.

    Building on this principle, the Court highlighted that the petitioners did not simply allow the period to lapse but actively sought clarification and rectification of the RTC’s order. This effort demonstrated their intent to comply with the legal requirements and expedite the adoption process. Therefore, the Supreme Court found sufficient grounds to relax the procedural rules and consider the merits of the case.

    The Court then addressed whether the petition was appropriately filed under the Domestic Adoption Act of 1998. The petitioners contended that since they have been residing in the Philippines for more than three continuous years, they fall under the ambit of the Domestic Adoption Act, which confers jurisdiction on Family Courts to hear adoption cases filed by aliens with such residency. The Inter-Country Adoption Act of 1995, on the other hand, applies to aliens who permanently reside abroad.

    To emphasize the distinction between Domestic Adoption and Inter-Country Adoption, the Supreme Court provided a comparative review of the relevant provisions:

    Domestic Adoption
    Inter-Country Adoption
    SECTION 4 . Who may adopt. – The following may adopt :

    (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 then the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirements 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.
    (Rule on Adoption, A.M. No. 02-6-SC [August 22, 2002]); See also Section 7, Domestic Adoption Act of 1998, Republic Act No. 8552 [February 25, 1998])
    SECTION 9. Who May Adopt. – An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she:
    a) is at least twenty – seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent;

    b)if married his/her spouse must jointly file for the adoption;

    c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his / her country;

    d) has not been convicted of a crime involving moral turpitude;

    e) is eligible to adopt under his/her national law;

    f) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted;

    g) 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;
    h) comes from 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 is/her national laws; and
    i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws. (Emphasis supplied)

    (Inter-Counrty Adoption Act of 1995, Republic Act No. 8043, [June 7, 1995)
    SECTION 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside. (Rule on Adoption, A.M. No. 02-6-02-SC [August 22, 2002])
    SECTION 28. Where to File Petition.- A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found
     
    It may be filed directly with the Inter-Country Adoption Board.
      (Rule on Adoption A.M. No. 02-6-02-SC [August 22, 2002]) (See also, Section 10 of Inter-Country Adoption Act of 1995, Republic Act No. 8043 [June 7, 1995])

    The Supreme Court emphasized that the petitioners, being American citizens residing and gainfully employed in the Philippines for a considerable period, fall under the ambit of the Domestic Adoption Act. This Act requires Family Courts or RTCs to take cognizance of such cases. Referring the case to the ICAB would only cause delays, which would be prejudicial to the interest of the child and the petitioners.

    Furthermore, the Court acknowledged the agreement between the Supreme Court and the ICAB regarding the treatment of foreigners residing in the Philippines who file adoption petitions. This agreement, outlined in the DSWD’s Memorandum dated June 1, 2018, specifies the necessary certifications required from foreign adoptive families. Even if the adoption proceeding were referred to the ICAB, there is a high probability that the ICAB would file a manifestation to pursue domestic adoption before the trial court, considering the case’s circumstances. Thus, the referral to the ICAB would only delay the proceedings.

    The Office of the Solicitor General (OSG) also noted that the CA’s dismissal was based purely on procedural grounds. Citing Aguam v. Court of Appeals, the OSG opined that excusing a technical lapse and reviewing the case on appeal would better serve justice than disposing of the case on a technicality. The Supreme Court concurred, emphasizing that the petitioners had already taken significant steps to secure relevant documents and expert testimonies to support their petition.

    Considering that the child, Innah, had been living with the petitioners for six years and recognized them as her parents, the Supreme Court held that the case properly falls under the Domestic Adoption Act. Therefore, it is in the child’s best interest for the trial court to speedily determine whether the petitioners are qualified to adopt her. Referring the case to the ICAB would only prolong the proceedings and potentially require a fresh start, which would be detrimental to the child’s welfare. The paramount consideration in adoption proceedings is the welfare of the child, as emphasized in In the Matter of the Adoption of Stephanie Nathy Astorga Garcia.

    Liberal Construction of Adoption
    Statutes 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. The interests and welfare of the adopted child are of primary and paramount consideration, hence, every reasonable intendment should be sustained to promote and fulfill these noble and compassionate objectives of the law.

    In conclusion, the Supreme Court granted the Petition for Review on Certiorari, emphasizing that the Domestic Adoption Act of 1998 is the appropriate legal framework for foreign nationals residing in the Philippines for an extended period. The case was remanded to the Regional Trial Court of Makati City for the continuation of the adoption proceedings, underscoring the importance of prioritizing the child’s welfare and expediting the process.

    FAQs

    What was the key issue in this case? The key issue was whether foreign nationals residing in the Philippines for at least three years should file for domestic adoption or inter-country adoption. The Supreme Court clarified that domestic adoption is the appropriate avenue for such residents.
    Who are the petitioners in this case? The petitioners are Spouses Joon Hyung Park and Kyung Ah Lee, American citizens residing in the Philippines, who sought to adopt a minor named Innah Alegado. They have been living and working in the Philippines for several years.
    What did the Regional Trial Court initially decide? The Regional Trial Court (RTC) initially treated the petition as one for inter-country adoption due to the petitioners’ foreign citizenship. It ordered the transmittal of the adoption petition to the Inter-Country Adoption Board (ICAB).
    What was the basis for the Supreme Court’s decision? The Supreme Court based its decision on the Domestic Adoption Act of 1998, which confers jurisdiction on Family Courts to hear adoption cases filed by aliens residing in the Philippines for at least three years. The child’s welfare was also a paramount consideration.
    How did the Court of Appeals factor into this case? The Court of Appeals (CA) dismissed the Petition for Certiorari filed by the petitioners for being filed out of time. The Supreme Court reversed this decision, emphasizing the need to relax procedural rules in the interest of justice.
    What is the Inter-Country Adoption Board (ICAB)? The Inter-Country Adoption Board (ICAB) is the central authority in the Philippines for inter-country adoption matters. It ensures that adoptions involving foreign nationals comply with international and local laws.
    What is the significance of the DSWD Memorandum mentioned in the case? The DSWD Memorandum dated June 1, 2018, reflects an agreement between the Supreme Court and ICAB regarding adoption cases filed by foreigners residing in the Philippines. It clarifies the certifications required in such cases.
    What does this ruling mean for other foreign nationals residing in the Philippines? This ruling clarifies that foreign nationals residing in the Philippines for at least three years can file for domestic adoption, streamlining the process and potentially making it more accessible. It emphasizes the importance of residency in determining the appropriate adoption procedure.
    What is the next step for the petitioners in this case? The case has been remanded to the Regional Trial Court of Makati City, Branch 136, which is directed to continue with the adoption proceedings, prioritizing a speedy resolution in the best interest of the child. This means the trial court will proceed to evaluate whether the petitioners meet all qualifications to adopt.

    This landmark decision provides clarity on the application of adoption laws concerning foreign residents in the Philippines. It reinforces the principle that the welfare of the child is paramount and that procedural rules should be applied flexibly to achieve justice. This ruling is a crucial step in ensuring that adoption processes are both efficient and aligned with the best interests of the children involved.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: SPOUSES JOON HYUNG PARK AND KYUNG AH LEE, PETITIONERS, VS. HON. RICO SEBASTIAN D. LIWANAG, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 136, G.R. No. 248035, November 27, 2019