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Guardianship

What is Guardianship?
It is the power of protective authority given by law and imposed on an
individual who is free and in enjoyment of his rights over one whose
weakness on account of age or other infirmity renders him unable to protect
himself. It is basically procedural but could also be natural, say for parental
authority. The basis in guardianship is parens patriae.
Who is a guardian?
It is a person in whom the law has entrusted the custody and control of the
person or estate or both of an infant, insane or other person incapable of
managing his own affairs.
What are the kinds of guardians?
1. Legal Guardian- without need of judicial appointment, guardians by
operation of law, e.g. parents.
Natural guardian cannot dispose of the property of their
children; only judicial guardian if with written authority from
the court. This is because under the law, a parent acting
merely as legal administrator of the property of his/her
children, hence does not have the power to dispose of or
alienate the property of said minor without judicial approval.

For guardianship of minors, the parents shall post a bond if


the market value of the childs properties or income exceeds
P50,000 and the bond shall not be less than 10% of the value
of the properties or income.
2. Judicial Guardian- appointed by the court in a judicial proceeding
for legal guardianship.
3. Guardian ad litem- appointed by courts of justice not necessarily in
a guardianship proceeding, because this guardian ad litem is only on a
temporary basis with a specific duty to perform.

Which court has jurisdiction over a petition for guardianship?


Under RA 8369, it is exclusively and originally cognizable by the Family
Court (RTC designated as such).
Where is the venue?
The venue is the residence of the ward. However, if the ward has no residence
and the guardianship application is over the property of the ward, the venue is
where the property is situated/located. This is so because, the guardian would
normally go to the ward since their relationship is temporary in character
compared to adoption in which the adoptee becomes the child of the adopter.

Difference between Guardianship of Minors (AM No. 03-02-05-SC) and Guardianship of Incompetents (Rule 92-97)
Salient Points

Guardianship of Minors (AM No. 03-02-05SC)

Guardianship of Incompetents (Rule 92-97 of


the Rules of Court)

Who are subject to guardianship?

Minors who are below 18 years old, which could be over


their person or property or both

Which court has jurisdiction?

Family Court of the province or the city where the minor


actually resides.
If non-resident, with the Family Court of the Province or

Incompetents who are: CLePDUN


1. Those suffering from penalty of Civil
interdiction.
2. Those hospitalized Lepers.
3. Prodigals (spendthrift).
4. Deaf and dumb who are unable to read and write.
5. Those of Unsound mind though they may have
lucid intervals.
6. Persons Not of unsound mind but by reason of
age, disease, weak mind and other similar causes
cannot without outside aid, take care of
themselves and manage their property.
If resident, RTC of the place where he resides.
If non-resident, RTC where his property is situated.
* If the incompetent transferred his bona-fide residence

city where his property or any part thereof is situated.


* EXCLUSIONARY RULE applies suppletorily.
Who may file petition for guardianship?

ROMSS

1.
2.
3.
4.
5.

What are the grounds for filing petition for


guardianship?

Who may be appointed guardian of the person or


property or both of the minor?

Any relative,
Other person on behalf of a minor
Minor himself if 14 years of age or over
Secretary of Social Welfare and Development
Secretary of Health in case of an insane minor.

Being a MINOR will not suffice, because the following


conditions should also be considered:
DSuReBest
1. Death, continued absence or incapacity of his
parents
2. Suspension, termination or deprivation of
parental authority
3. Remarriage of his surviving parent, if the latter is
found unsuitable to exercise parental authority
4. When the best interest of the minor so require.
There is an ORDER OF PREFERENCE to be followed:
1. Parents or a court-appointed guardian.
2. In default of the above guardians, the surviving
grandparent.

within the Philippines, the court having cognizance of a


guardianship proceeding may transfer the same to the
court of another province wherein the ward acquired real
property, the latter court to continue the proceeding
without requiring payment of additional court fees.
If resident,
RFOOD
1. Any relative,
2. friend
3. other person on behalf of a resident incompetent
4. Officer of the Federal Administration of the USA
in the Phil.
5. Director of Health in favor of an insane person or
isolated leper.
The father and the mother shall jointly exercise
legal guardianship over the person and property
of their minor child without the necessity of a
court appointment.
If non-resident,
RFO
1. Any relative
2. friend of such non-resident person
3. Any other person interested in his estate in
expectancy or otherwise.
* Parents as guardians
If property of the incompetent is 2,000 or less- the father
or mother without the necessity of court appointment shall
be his legal guardian
If the property of the incompetent is more than 2,000- the
father or mother shall be considered as guardian being a
judicial guardian not anymore a legal guardian.
The INCOMPETENCY of the person.

There is no such order of preference.


* The appointment of guardian is DISCRETIONARY,
although with guides, but the same is NOT

3.
4.
5.

What are the contents of the petition and its


attachment required by law?

What are the procedures involve?

The oldest brother or sister of the minor over 21


years of age unless unfit or disqualified.
The actual custodian of the minor over 21 years
of age unless unfit or disqualified.
Any other person who in the sound discretion of
the court would serve best interest of the minor.

Qualifications of Guardian- MP-FRALA


1. Moral Character
2. Physical, Mental and Psychological Condition
3. Financial Status (present ITR)
4. Relationship of trust with the minor
5. Availability to exercise the powers and duties of
guardian
6. Lack of Conflict of interest with the minor
7. Ability to manage the property of minor.
The rule requires the petition to be verified and
accompanied by certification against forum shopping.
However, no defect in the petition or verification shall
render VOID the issuance of letters of guardianship.
JAG RVN
1. Jurisdictional facts
2. Name, age and residence of the prospective ward
3. Ground/s rendering the appointment necessary or
convenient
4. Names, ages and residences of Relative within
the 4th degree of minor
5. Probable Value, character and location of the
property of the minor
6. Name, age and residence of the person for whom
letters of guardianship are prayed for.
Time and Notice of Hearing
Notice must be given to persons named in the petition and
to the minor if over 14 years of age.
If the minor is above 14 years old, notice to him is
jurisdictional. Non-compliance with this renders the
proceeding null and void.
Case Study Report
The court shall order a social worker to conduct a case
study of the minor and all prospective guardians and
submit his report and recommendations 3 days before
hearing to the court for its guidance before scheduled
hearing.
Opposition to Petition

MANDATORY.

The rule requires the petition must be verified.


JINEN
1. Jurisdictional facts
2. Incompetency rendering the appointment
necessary or convenient
3. Name, ages and residences of the relatives of the
incompetent
4. Probable value and character of his Estate
5. Name of the person for whom letters of
guardianship are prayed.

Notice requirement
Notice shall be served to (1) persons mentioned in the
petition residing in the Philippines; (2) incompetent. There
is no notice requirement for publication, except in case of
a non-resident incompetent.
This service of notice is mandatory and jurisdictional.
This latter is also known as, ancillary guardianship
which refers to the guardianship in a state other than that
in which guardianship is originally granted.
Opposition
Any interested person may oppose by:
1. filing a written opposition contesting the petition
on the grounds of: (1) competency of the alleged
incompetent; (2) unsuitability of the person for

Any interested person may oppose by:


1. filing a written opposition which need not be
verified on the grounds: (1) majority of the
alleged minor; and (2) unsuitability of the person
for whom letters are prayed for.
2. Pray that the petition be denied or prayer that
letters of guardianship issue to himself or to any
suitable person named in the opposition.

2.

whom letters are prayed for;


Pray that the petition be dismissed or that letters
of guardianship issue to himself or to any suitable
person named in the opposition.

Hearing and Order for Letters to issue


At the hearing, the alleged incompetent must attend if able
to attend and it must be shown that the required notice has
been given.
Appointing of a suitable guardian for incompetent.
Service of Judgment
Final orders or judgments shall be served upon the civil
registrar of the Municipality or City where the
incompetent resides or where his property is located.

Who are required to file a bond? And how much?


Where to be filed? In case of breach, where to be
prosecuted?

Before a guardian appointed enters upon the execution of


his trust or letters of guardianship issue, he shall give a
bond in the amount set by the court.

Before a guardian appointed enters upon the execution of


his trust or letters of guardianship issue, he shall give a
bond in the sum as the court directs.
A new bond is required and discharge of the sureties on
the old bond from further liability, after due notice to
interested parties, when no injury can result to those
interested in the estate.
The bond shall be filed in the office of the clerk of court.
In case of breach, to be prosecuted in the same proceeding
or in separate action for the use and benefit of the ward.

What will be the purpose of the posting of a bond?


And what are the conditions corresponding such
bond?

Conditions: IFAP
1. To make and return to the court within 3 months,
a true and complete Inventory of all the estate of
his ward which shall come to his possession or
knowledge or to the possession or knowledge of
other person.
2. To Faithfully execute the duties of his trust, to
manage and dispose of the estate according to
these rules.
3. To render a true and just Account of all the estate
of the ward in his hands at the time designated by
the rules and at the expiration of his trust.
4. To Perform all orders of the court by him to be
performed.
* Bonds of parents as guardians of the property of the
minor
The parents shall post a bond if the market value of the
childs properties or income exceeds P50,000 and the
bond shall not be less than 10% of the value of the
properties or income. This amount may not be cash, could
be surety bond.

When will selling and encumbering of the properties of


the ward ALLOWED?

PERSONAL PROPERTY- sell ONLY


REAL PROPERTY- sell or encumber
Grounds for selling or encumbering minors properties
1. When the income of estate is insufficient to
maintain and educate ward when a minor;
2. When it appears that it is for the benefit of the
ward.
Period allowed
The authority to sell or encumber shall not extend beyond
one year unless renewed by the court.

Purpose of the bond


For the protection of the property of the minor or
incompetent to the end that he may be assured of an
honest administration of his funds.
*The bond of the guardian is a continuing one against the
obligors and their estates until all conditions are fulfilled.
Hence, the mere fact that the defendant was removed as
guardian did not relieve her or her bondsmen from
liability during the time she was duly acting as such
guardian.
Conditions: IFAP
5. To make and return to the court within 3 months,
a true and complete Inventory of all the estate of
his ward which shall come to his possession or
knowledge or to the possession or knowledge of
other person.
6. To Faithfully execute the duties of his trust, to
manage and dispose of the estate according to
these rules.
7. To render a true and just Account of all the estate
of the ward in his hands at the time designated by
the rules and at the expiration of his trust.
8. To Perform all orders of the court by him to be
performed.
PERSONAL PROPERTY- sell ONLY
REAL PROPERTY- sell or encumber
Grounds for selling or encumbering the estate of the
incompetent
1. When the income of an estate is insufficient to:
a. maintain the ward and his family
b. maintain and educate the ward
c. when it appears that it is for the benefit of the
ward that his real estate or some part thereof be
sold, mortgaged, or encumbered and the proceeds
thereof put out at interest or invested in some
productive security. Purpose? For the
management, investment and disposition of the
estate and effects of the ward.
* It must be through a verified petition filed to the court
setting forth the facts and pray for an order issue
authorizing the sale or encumbrance. Notice must be
given to next of kin. A hearing must be done to show cause
why petition should NOT be granted.

Next of Kin refers to those relatives who are entitled to


share in the estate of the ward. Notice to next of kin and
other interested persons is JURISDICTIONAL.
Period to sell or encumber
The authority to sell or encumber shall NOT extend
beyond one year unless renewed by the court.
What is the remedy of the person against the Order of
the court authorizing the sale of the wards property?
Appeal from such order.
Presumptions
1. When within 1 year from the granting of the
Order of Sale, it is presumed that if the property
was NOT SOLD within 1 year, the ward has
sufficient income.
2. There being presumption that the sale of the
wards estate is VALID. Hence, it cannot be
attacked collaterally in the registration
proceedings. Remedy? Filing a separate action to
AVOID or RESCIND the sale.
Prohibition to acquire by purchase the property of the
ward by the GUARDIAN
Under Art. 1491 of the New Civil Code, the guardian
cannot acquire by purchase even at public auction or
judicial auction either in person or in mediation of another.

What are the powers and duties of guardians?

General powers extend


1. Care and custody of the person of his ward and
the management of his estate
2. Management of his estate

General powers extend


3. Care and custody of the person of his ward and
the management of his estate
4. Management of his estate

Specific powers
1. Pay the just debts of the ward- personal estate
and income of his real estate first, if insufficient,
second sale or encumbrance of real estate.
2. Settle accounts, collect debts (demand, sue for,
and receive debts due him) (with the approval of
the court, compound and give discharges to the
debtor on receiving a fair and just dividend of
the estate) and appear in actions for ward.
3. To manage the estate of the ward frugally and
without waste.
4. To join in an assent to a partition of real or
personal estate.
5. Render inventory of the estate of the ward within
3 months, being sworn to with appraisals of those
properties already in the possession of ward or to
be possessed.

Specific powers
6. Pay the just debts of the ward- personal estate
and income of his real estate first, if insufficient,
second sale or encumbrance of real estate.
7. Settle accounts, collect debts (demand, sue for,
and receive debts due him) (with the approval of
the court, compound and give discharges to the
debtor on receiving a fair and just dividend of the
estate) and appear in actions for ward.
8. To manage the estate of the ward frugally and
without waste.
9. To join in an assent to a partition of real or
personal estate.
10. Render inventory of the estate of the ward within
3 months, being sworn to with appraisals of those
properties already in the possession of ward or to
be possessed.

What if a person is suspected to have embezzled,


concealed or conveyed away the property of the ward
The court may cite the suspected person to appear for
examination.

What if a person is suspected to have embezzled,


concealed or conveyed away the property of the ward
The court may cite the suspected person to appear for
examination.

How much will be the compensation of guardians?


It shall be allowed reasonable expenses in the execution of
his trust and also compensation for his services, not
exceeding 15% of the net income of the ward.

*The court here cannot actually order the delivery of the


wards property found to be embezzled EXCEPT when
the title of the ward to the same is clear and indisputable.
Absent any, the recovery must be made in a separate
proceeding.
How much will be the compensation of guardians?
It shall be allowed reasonable expenses in the execution of
his trust and also compensation for his services, not
exceeding 15% of the net income of the ward.

When will guardianship be terminated? What are the


grounds?

Grounds for Removal or Resignation of GuardianIUMA


1. When the guardian becomes Insane or otherwise
incapable of discharging his trust.
2. When found to be thereafter Unsuitable.
3. When he waster or Mismanaged the property of
the ward.
4. Has failed to rendered an Account or make a

Who may file for petition (verified by oath) that


competency be judicially determined?
1. Incompetent
2. Guardian
3. Relative, or
4. Friend
* After the hearing for question as to the competency of

return 30 days after it was due.


*Before a motion for removal or resignation may be
granted, guardian must submit the proper accounting of
the property of the ward and the court to approve the
same.
Grounds for Termination of Guardianship
1. The ward has come of age
2. He has died
*No motion for removal of guardian unless the latter has
submitted proper accounting and such was approved by
the court.
Guardianships termination may be either motu proprio or
by a verified motion by any person allowed to file the
same petition on the grounds of majority or death of the
ward, notifying the court within 10 days from such fact.

the alleged incompetent, if it be found that he is no longer


competent, his competency shall be adjudged and the
guardianship shall cease.
Grounds for Removal or Resignation- IUMA
5. When the guardian becomes Insane or otherwise
incapable of discharging his trust.
6. When found to be thereafter Unsuitable.
7. When he waster or Mismanaged the property of
the ward.
8. Has failed to rendered an Account or make a
return 30 days after it was due.
*A guardian may be allowed to resign when it appears
proper and the court will appoint another in his place.
Grounds for Termination of Guardianship of
Incompetent
1. Competency of the ward
2. Guardianship no longer necessary
3. Death of guardian
4. Death of Ward (However, if the guardian is ALSO
the heir of the ward, going back to settlement and
of estate and terminating the present on-going
guardianship would be taxing)
Who may oppose the termination of guardianship?
1. Guardian
2. Relative of the ward
3. Any other person in the direction of the court
What will be the REMEDY of the guardian from an
order of removal?
Appeal.
What will accompany the termination of guardianship;
effects thereto?
1. Enable the incompetent to administer his
property
2. He CANNOT borrow money or alienate or
encumber real property WITHOUT consent of
his father/mother, or guardian
3. He can sue and be sued in court with the
assistance of his father, mother or guardian
Where should the record be kept?
RTC where the petition is filed.

Service of Judgment
Final orders or judgments shall be served upon the civil
registrar of the Municipality or City where the
incompetent resides or where his property is located.

Differences between Estate/Intestate Court from Guardianship Court


Estate/Intestate Court (Rule 73-90)

Guardianship Court (Rule 92-97)

Application of Statute of Non-claims


Can pass upon the merits of the claim
Sale of personal properties first (Rule 89)
Bond DEFEATS the Petition for Authority to Sell
Publication requirement under Rule 89
INDEFINITE effectivity of Authority to Sell
May appoint a SPECIAL ADMINISTRATOR

Non application of Statute of Non-claims


Cannot pass upon the merits of the claim
Sale of personal properties or income of real properties first (Rule 95)
Bond DOES NOT DEFEAT the Petition for Authority to Sell
Only Personal Notice except for non-resident ward with properties in the Philippines
ONE YEAR effectivity of Authority to Sell unless renewed by the court
No such thing as SPECIAL GUARDIAN; Remedy from Order Appointing Guardian is
APPEAL.

Adoption
What is ADOPTION?
It is a JURIDICAL ACT, a proceeding in rem, which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.
What court has jurisdiction of a petition for adoption?
It is the Family Court.
Where is the venue?
The Family Court of the City or Municipality where the PROSPECTIVE ADOPTER resides.
Definition of terms
Child- refers to a person below 18 years of age at the time of the filing of the petition for adoption.
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 biological parents, or in case of rescission of adoption.
Voluntarily committed child- refers to one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.
Involuntarily committed child- refers to one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to
(1) abandonment; (2) substantial, continuous or repeated neglect and abuse; or (3) incompetence to discharge parental responsibilities.
Foundling- refers to a deserted or abandoned infant or child whose parents, guardian or relatives are UNKNOWN; or a child committed to an orphanage, or
charitable or similar institution with UNKNOWN FACTS OF BIRTH AND PARENTAGE and registered in the Civil register as foundling.

Abandoned child- refers to one who has NO proper parental care or guardianship or whose parents have deserted him for a period of at least 6 continuous months
and has been judicially declared as such.
Neglected child- refers to one whose basic needs have been deliberately NOT ATTENDED to or adequately attended to, physically or emotionally, by his parents or
guardians.
* To be abandoned, you must have been neglected first.
Child-placement agency- refers to an agency duly licensed and accredited by the Department to provide comprehensive child welfare services including but not
limited to receiving applications for adoption, evaluating the prospective adopters and preparing home study reports.
Child-caring agency- refers to an agency duly licensed and accredited by the Department that provides 24-hour residential care services for abandoned, orphaned,
neglected or voluntarily committed children.
Foundling Certificate- this is in lieu of birth certificate because no parents care or known for the child. Together with your petition for adoption, you can attach this
and in your petition pray for the change of such certificate without MARGINAL NOTES or annotation which is presumed to be prejudicial for the child.
Child Study Report- refers to a study made by the court social worker of the childs legal status, placement history, psychological, etc. needed in determining the
most appropriate placement for him.
Home Study Report- refers to a study made by the court social worker of the motivation and capacity of the prospective adoptive parents to provide a home that
meets the needs of the child.
Supervised Trial Custody- refers to the period of time during which social worker oversees the adjustment and emotional readiness of both adopter and adoptee in
stabilizing filial relationship. Before issuance of decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least 6 months
within which the parties are expected to adjust psychologically and emotionally to each other and establish bonding relationship. If the child is below 7 years of age
and is placed with prospective adopter through pre-adoption placement authority, the court shall order that prospective adopter shall enjoy all the benefits to which
the biological parent is entitled. 2 weeks after its termination, the social worker shall submit its Report for such matter.
Simulation of Birth- is the tampering of the civil registry to make it appear in the birth records that a certain child was born to a person who is NOT his biological
mother, thus causing the child to lose his true identity and status. This can be considered as an admission that the child was not hers.
Residence- means the persons actual stay in the Philippines for 3 continuous years immediately PRIOR to the filing of a petition for adoption and which is
maintained until the adoption decree is entered. Temporary absence for professional, business, health, or emergency reasons NOT exceeding 60 days in 1 year
DOES NOT BREAK THE CONTINUITY REQUIREMENT.

Differences between the Domestic Adoption Act of 1998 (RA 8552), Inter-Country Adoption Act of 1995 (RA 8043), and the Adoption and
Custody of Minors Rules (AM No. 02-6-02, August 22, 2002)
Salient Points

Domestic Adoption Act of 1998

Inter-Country Adoption Act of

Adoption and Custody of Minors

(RA 8552)
Venue in filing petition for adoption

* Family Courts of the province or city


where the prospective adoptive parents
reside.

1995 (RA 8043)


Family Courts having jurisdiction over the
place where the child resides or may be
found.

(AM No. 02-6-02, August 22,


2002)
Family Courts of the province or city
where the prospective adoptive parents
reside.

Or could be filed directly with the InterCountry Adoption Board.


Composition of the Board
1. Secretary of Department as exofficio Chairman
2. 6 other members to be appointed
by the President for a
nonrenewable term of 6 years
a. 1 psychiatrist or psychologist
b. 2 lawyers (qualification of RTC
Judge)
c. 1 registered social worker
d. 2 representatives from NGO
engaged in child-caring and
placement activities

Who may adopt?

1.
a.
b.
c.
d.
e.
f.

Any Filipino citizen which has


the following qualifications:
of legal age
in possession of full civil capacity
and legal rights
of goof moral character
has not been convicted of any
crime involving moral turpitude
emotionally and psychologically
capable of caring for children
at least 16 years OLDER than the
adoptee

*The 16 year-age difference may be


waived if the adopter is:
i. the biological parent of the adoptee
ii. the spouse of the adoptees parent
g.

in a position to support and care


for his/her children in keeping

Compensation
1,5000 per meeting, not more than 4
meetings a month
Any alien or Filipino citizen
permanently residing abroad may file an
application for inter-country adoption of a
Filipino child if he/she is:
1. At least 27 years of age and at
least 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.
2. If married, his/her spouse must
jointly file for the adoption.
3. Has the capacity to act and
assume all rights and
responsibilities of parental
authority under his national laws.
4. Has not been convicted of crime
involving moral turpitude.
5. Eligible to adopt under his/her

4.

Any Filipino citizen which has


the following qualifications:
h. of legal age
i. in possession of full civil capacity
and legal rights
j. of goof moral character
k. has not been convicted of any
crime involving moral turpitude
l. emotionally and psychologically
capable of caring for children
m. at least 16 years OLDER than the
adoptee
*The 16 year-age difference may be
waived if the adopter is:
i. the biological parent of the adoptee
ii. the spouse of the adoptees parent
n.

in a position to support and care


for his/her children in keeping

with the means of the family


6.
2.
a.
b.

Any alien possessing the same


qualifications as above,
PROVIDED:
that his country has diplomatic
relations with the Philippines
that he has been living in the
Philippines for at least 3
continuous years prior to the
filing of the application for
adoption

*Waiver of residency requirement


i. if the adopter is a former Filipino citizen
who seeks to adopt a relative within 4th
degree of consanguinity or affinity
ii. one who seeks to adopt the legitimate
child of his Filipino spouse
iii. one who is married to a Filipino citizen
and seeks to adopt jointly with his spouse
a relative within 4th degree of
consanguinity or affinity of the Filipino
spouse
c.
d.
e.

3.

maintains residence until the


adoption decree is entered
certified to have legal capacity to
adopt by his country
his government allows the
adoptee to enter his country as the
adopted child
The guardian with respect to the
ward after the termination of
guardianship and clearance of his
financial accountabilities.

* Husband and wife shall jointly adopt


EXCEPT:
1. If one spouse seeks to adopt the
legitimate child of one spouse by the other
spouse
2. If one spouse seeks to adopt his own
illegitimate child; provided, that the other
spouse has signified consent thereto;

7.
8.
9.

national law.
In the position to provide the
proper care and custody and to
give necessary moral values and
example to all children.
Agrees to uphold the basic rights
of the child.
Comes from the country with
whom the Phil. Has diplomatic
relations
Possess all the qualifications and
none of the disqualifications
provided in Phil. Laws.

with the means of the family


5.
f.
g.

Any alien possessing the same


qualifications as above,
PROVIDED:
that his country has diplomatic
relations with the Philippines
that he has been living in the
Philippines for at least 3
continuous years prior to the
filing of the application for
adoption

*Waiver of residency requirement and


certification requirement. Also, the 6month trial custody.
i. if the adopter is a former Filipino citizen
who seeks to adopt a relative within 4th
degree of consanguinity or affinity
ii. one who seeks to adopt the legitimate
child of his Filipino spouse
iii. one who is married to a Filipino citizen
and seeks to adopt jointly with his spouse
a relative within 4th degree of
consanguinity or affinity of the Filipino
spouse
h.
i.
j.

6.

maintains residence until the


adoption decree is entered
certified to have legal capacity to
adopt by his country
his government allows the
adoptee to enter his country as the
adopted child
The guardian with respect to the
ward after the termination of
guardianship and clearance of his
financial accountabilities.

* Husband and wife shall jointly adopt


EXCEPT:
1. If one spouse seeks to adopt the
legitimate child of one spouse by the other
spouse
2. If one spouse seeks to adopt his own
illegitimate child; provided, that the other

* Joint parental authority shall be


exercised by the spouses.

spouse has signified consent thereto;


* Joint parental authority shall be
exercised by the spouses.

3. If the spouses are legally separated from


each other.
Who may be adopted?

1.

2.
3.
4.

5.
6.

Whose Consent is necessary for the


adoption?

Any person below 18 years of age


who has been voluntarily
committed or judicially declared
available for adoption
Legitimate child of one spouse,
by the other spouse
Illegitimate child by a qualified
adopter to raise the status of the
former to that of legitimacy
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
Child whose adoption has been
previously rescinded
Child whose biological or
adoptive parents have died;
provided, that no proceedings
shall be initiated within 6 months
from the time of death of said
parent

Written consent of the following is


required:
1. The adoptee, if 10 years of age or
over
2. Biological parents of the child, if
known, or the legal guardian, or
proper government
instrumentality which has legal
custody of the child
3. Legitimate and adopted children,
10 years of age or over of the
adopter and adoptee, if any
4. Illegitimate children, 10 years of
age or over, of the adopter, if
living with said adopter and the
latters spouse

Only legally free child may be subject of


inter-country adoption.

Written consent of their biological or


adopted children above 10 years of age, in
the form of sworn statement.

3. If the spouses are legally separated from


each other.
1. Any person below 18 years of age
who has been voluntarily
committed or judicially declared
available for adoption
2. Legitimate child of one spouse,
by the other spouse
3. Illegitimate child by a qualified
adopter to raise the status of the
former to that of legitimacy
4. 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. Child whose adoption has been
previously rescinded
6. Child whose biological or
adoptive parents have died;
provided, that no proceedings
shall be initiated within 6 months
from the time of death of said
parent
7. Child not otherwise disqualified
Affidavit of consent of the following:
6. The adoptee, if 10 years of age or
over
7. Biological parents of the child, if
known, or the legal guardian, or
proper government
instrumentality which has legal
custody of the child
8. Legitimate and adopted children,
10 years of age or over of the
adopter and adoptee, if any
9. Illegitimate children, 10 years of
age or over, of the adopter, if
living with said adopter and the
latters spouse
10. The spouse of the person to be

5.

What are other requirements as to


content of the petition?

The spouse of the person to be


adopted
*Same with New Rules on Adoption supra

adopted
Qualifications of being adopter, adoptee.

The petition shall be verified and shall


specifically state at the heading of the
initiatory pleading whether the petition
contains an application for:
1. Change of name
2. Rectification of simulated birth
3. Voluntary or involuntary
commitment of children
4. Declaration of child as
abandoned, dependent or
neglected
If adopter is a Filipino citizen:
1. Jurisdictional facts
2. Qualifications provided before
allowed to adopt, supra
If adopter is an alien:
1. Jurisdictional facts
2. Qualifications to adopt while
being an alien, supra
If the adopter is a legal guardian:
The petition shall allege that guardianship
had been terminated and the guardian had
cleared his financial accountabilities.
If the adopter is married:
The spouse shall be a co-petitioner for
JOINT ADOPTION except:
1. If one spouse seeks to adopt the
legitimate child of one spouse by the other
spouse
2. If one spouse seeks to adopt his own
illegitimate child; provided, that the other
spouse has signified consent thereto;
3. If the spouses are legally separated from
each other.
If the adoptee is a foundling:
The petition shall allege the entries which
should appear in his birth certificate.
If the petition prays for CHANGE OF

NAME:
Cause the reason for the change of name.
IN GENERAL, IN ALL PETITIONS, it
shall allege the following:
1. The first name, surname or names,
age, and residence of the adoptee
as shown by his records
(baptismal, birth, foundling
certificate or school)
2. Adoptee not disqualified by law to
be adopted
3. Probable value and character of
the estate of the adoptee
4. The first name, surname or names
by which the adoptee is to be
known and registered in the Civil
Registry
* Also, the certification of non-forum
shopping shall be included.
What are the annexes to the petition?

*Same with Adoption of Minors Rules,


supra

The application shall be supported by the


following documents written and officially
translated in English:
1. Birth certificate of applicants
2. Marriage contract or divorce
decree
3. Written consent, supra
4. Physical, medical and
psychological evaluation by a
duly licensed physician and
psychologist
5. Income tax returns or any
document showing financial
capability of applicants
6. Police clearance of applicants
7. Character reference from local
church/minister who have known
the applicant at least 5 years
8. Recent postcard-size pictures of
the applicants and his immediate
family

Procedure

Hurried Decision
In all proceedings for adoption, the court

Inter-country adoption as the last resort


Possible adoption of the child under the

1.

Birth, baptismal or foundling


certificate and school records
showing name, age and residence
of adoptee.
2. Affidavit of consent, supra
3. Child Study Report on the
adoptee and his biological parents
4. If petitioner is alien, certification
by his diplomatic or consular
office or any appropriate
government agency that he has
the legal capacity to adopt in his
country and allowed adoptee to
enter into his country
5. Home Study Report on the
adopters. If alien, Home Study
Report by a foreign adoption
agency duly accredited by InterCountry Adoption Board
6. Decree of Annulment, nullity of
marriage or legal separation of the
adoptee as well as that of
biological parents of the adoptee,
if any.
Order of Hearing
1. Published at least once a week for

shall require proof that the biological


parents have been counseled to prevent
him/her from making hurried decisions
caused by strain or anxiety to give up the
child and sustain that all measures to
strengthen the family have been exhausted
and that stay of the child in the family is
inimical to his welfare.

Family Code must be exhausted.


The maximum number that may be
allowed for foreign adoption shall NOT
EXCEED 600 a year for the first 5 years.

2.

Case study.
3.
Supervised trial custody.
Effects of Adoption:
1. All legal ties between the
biological parents and the adoptee
shall be severed and the same to be
vested on the adopters
2. The adoptee to be considered the
legitimate child of the adopter for
all intents and purposes
3. Adoptee to have reciprocal rights
in succession as that of legitimate
child.

Decree of Adoption

Rectification of Simulated Births


A person committing such shall NOT be
punished if:
1. The simulation was for the benefit of the
child.
2. The child to be consistently considered
as their child
3. The application for correction of the
birth registration and petition for adoption
shall be filed within 5 years.
Supra.
*THESE RECORDS OF ADOPTION
ARE CONFIDENTIAL IN NATURE.

4.

Supra.

3 successive weeks. Newspaper to


be raffled under the supervision of
the Executive Judge.
At the discretion of the court,
copies of the order of hearing
shall be furnished to the office of
the Solicitor General through the
provincial or city prosecutor,
Department and biological parents
of the adoptee.
Date and place of hearing which
shall be set within 6 months from
date of the issuance of the order
In case of application for change
of name, the date set for hearing
shall not be within 4 months after
the last publication of the notice
now within 30 days prior to an
election. Also, notice to the
Solicitor General shall be
mandatory.

To take effect as of the date of filing of the


original petition.
The clerk of court to issue to the adopter a
certificate of finality upon the expiration of
the 15-day reglementary period within
which to appeal.
If the adoptee is foundling, the court shall
order the Civil Registrar where the
foundling was registered to annotate the
decree of adoption on the foundling

certificate and a new birth certificate shall


be ordered.

Rescission of Adoption

Petition
Must be verified and filed by the
ADOPTEE who is over 18 years of age or
with the assistance of the Department, if a
minor or if incapacitated.
Grounds
1. Repeated physical and verbal
maltreatment by the adopter
despite undergoing counseling
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment or failure to
comply with parental obligations

No provision to that effect.

*THESE RECORDS OF ADOPTION


ARE CONFIDENTIAL IN NATURE.
Petition
Must be verified and filed by the
ADOPTEE who is over 18 years of age or
with the assistance of the Department, if a
minor or if incapacitated.
Venue
Family Court where adoptee resides. It is a
separate proceeding from the original
petition.

*Adopter cannot rescind only to


DISINHERIT THE ADOPTEE because
Adoption is for the best interest of the
child.

Grounds
1. Repeated physical and verbal
maltreatment by the adopter
despite undergoing counseling
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment or failure to
comply with parental obligations

Time to file petition for rescission


Within 5 years after reaches the age of
majority or after recovery from
incompetency.

*Adopter cannot rescind only to


DISINHERIT THE ADOPTEE because
Adoption is for the best interest of the
child.
Time to file petition for rescission
Within 5 years after reaches the age of
majority or after recovery from
incompetency.