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7/18/2019 Cervantes vs. Fajardo case digest F.

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CERVANTES V FAJARDO

Facts:Angelie Anne Cervantes, a minor, born on Feb. 14, 1987 to respondents Conrado Fajardo
and Gina Carreon, who are Common-law h sband and wi!e, was o!!ered !or adoption to Gina
Carreon"s sister and brother in law, therein petitioners #enaida Carreon-Cervantes and $elson
Cervantes. %etitioners too& 'are and ' stod( o! the 'hild when she was barel( two wee&s old. An
a!!idavit o! Consent o! adoption o! the 'hild b( the petitioners was e)e' ted b( respondent Gina
Carreon on April *9, 1987 and !iled be!ore the + C o! +i al. ometime d ring /ar'h or April o!
1987, the adoptive parents re'eived !rom the respondents demanding to be paid the amo nt o!
%10 , . , otherwise, the( wo ld not get their 'hild ba'&. %etitioners re! sed. And as a res lt,
while petitioners were o t at wor&, Gina Carreon too& the 'hild !rom their (a(a and bro ght her to
her ho se in %arana2 e and there pon said that she had no desire to give p her 'hild and that the
a!!idavit 'onsent was not ! ll( e)plained to her and she will ret rn the 'hild onl( i! she were paid the
amo nt o! %10 , .

ISSUE: 3hether or not Adopting parents have the right to 'are and ' stod( o! the adopted 'hild
and e)er'ise parental a thorit( and responsibilit( over 'hild

HELD: 5 . As an adopted 'hild, the 'hild will be 6!reed !rom parental a thorit( o! her nat ral
parents as well as the legal obligation and maintenan'e to them and that !rom now on shall be, !or all
legal intents and p rposes, &nown as Angelie Anne Cervantes, a 'hild herein petitioners and 'apable
o! inheriting their estate. Conse2 entl(, even tho gh the 'hild was below 7 (ears o! age, the 'o rts
'an still de'ide where it best s ites the interest o! the 'hild and deprive Gina Carreon o! ' stod( on
gro nds that the 'hild will not have a s itable environment with her, nli&e with the adoptive parents
who appear to be morall(, ph(si'al, !inan'iall( and so'iall( 'apable o! s pporting the minor and
giving her a ! t re better than that o! her nat ral mother.

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