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In Re Petition for Adoption of Michelle Lim who went to Italy, re-married there and now has two

and Michael Jude Lim children by her second marriage and no longer
GR No. 168992-93, May 21, 2009 communicated with her children.

FACTS: ISSUE: Whether or not the petition for adoption is


invalid for lack of consent of the biological mother?
Monina Lim, petitioner, who was an optometrist was
married with Primo Lim but were childless. Minor HELD:
children, were entrusted to them by Lucia, whose No. The general requirement of consent and notice to
parents were unknown as shown by a certification of the natural parents is intended to protect the natural
DSWD. The spouses registered the children making it parental relationship from unwarranted interference by
appears as if they were the parents. Unfortunately, in interlopers, and to insure the opportunity to safeguard
1998, Primo died. She then married an American the best interests of the child in the manner of the
Citizen, Angel Olario in December 2000. Petitioner proposed adoption. When she filed her petition with the
decided to adopt the children by availing of the amnesty trial court, Rep. Act No. 8552 was already in effect.
given under RA 8552 to individuals who simulated the Section 9 thereof provides that if the written consent of
birth of a child. In 2002, she filed separate petitions for the biological parents cannot be obtained, the written
adoption of Michelle and Michael before the trial consent of the legal guardian of the minors will suffice.
court. Michelle was then 25 years old and already If, as claimed by petitioner, that the biological mother
married and Michael was 18 years and seven months of the minors had indeed abandoned them, she should,
old. Michelle and her husband including Michael and thus have adduced the written consent of their legal
Olario gave their consent to the adoption executed in an guardian.
affidavit.

ISSUE: WON petitioner who has remarried can singly


adopt.

HELD:

Petition was denied. The time the petitions were filed, In Re: Adoption of Stephanie Nathy
petitioner had already remarried. Husband and wife Astorga Garcia
shall jointly adopt except in 3 instances which was not
GR 148311, March 31, 2005
present in the case at bar. In case spouses jointly
adopts, they shall jointly exercised parental
authority. The use of the word “shall” signifies that joint FACTS:
adoption of husband and wife is mandatory. This is in
consonance with the concept of joint parental authority Petitioner HonoratoCatindig filed a petition to adopt his
since the child to be adopted is elevated to the level of a minor illegitimate child Stephanie, and that Stephanie
legitimate child, it is but natural to require spouses to has been using her mother’s middle and surname;
adopt jointly. The affidavit of consent given by Olario and that he is now a widower and qualified to
will not suffice since there are certain requirements that her adopting parent. He prayed that Stephanie’s middle
he must comply as an American Citizen. He must meet name Astorga be changed to Garcia, her mother’s
the qualifications set forth in Sec7 of RA8552. The surname, and that her surname Garcia be changed to
requirements on residency and certification of the Catindig, his surname.
alien’s qualification to adopt cannot likewise be waived
pursuant to Sec 7. Parental authority is merely just one ISSUE:
of the effects of legal adoption. It includes caring and
rearing the children for civic consciousness and
May an illegitimate child, upon adoption by her
efficiency and development of their moral mental and
natural father, use the surname of her natural mother as
physical character and well-being.
her middle name?

RULING:

YES. Being a legitimate child by virtue of her adoption,


it follows that Stephanie is entitled to all the rights
Diwata Ramos Landingin vs. Republic, provided by law to a legitimate child
G.R. No. 164948 without discrimination of any kind, including the right
to bear surname of her father and her mother.
Stephanie’s continued use of her mother’s surname as
FACTS: Diwata Ramos Landingin, a citizen of the her middle name will maintain her maternal lineage.
United States of America (USA), of Filipino parentage The Adoption Act and the Family Code provide that
and a resident of Guam, USA, filed a petition for the the adoptee remains an intestate heir of his/her
adoption of minors Elaine Dizon Ramos, Elma Dizon biological parent. Hence, Stephanie can assert her
Ramos and Eugene Dizon Ramos who was born on. The hereditary rights from her natural mother in the future.
minors are the natural children of Manuel Ramos,
petitioner’s brother (deceased), and Amelia Ramos-