SPECIAL PROCEEDINGS

AN OUTLINE IN PRESENTATION
SPECIAL PROCEEDINGS
Adoption (Rules 99-100, superseded by AM 02-6-02-SC)
(1) Adoption is a juridical act which creates between two persons
a relationship similar to that which results from legitimate
paternity (Prasnick vs. Republic, 98 Phil. 669).
(2) Adoption is a juridical act, a proceeding in rem, which creates
between the two persons a relationship similar to that which results
from legitimate paternity and filiation.
(3) Adoption is not an adversarial proceeding. An adversarial
proceeding is one having opposing parties, contested, as
distinguished from an ex parte application, one of which the party
seeking relief has given legal warning to the other party and afforded
the latter an opportunity to contest it excludes an adoption
proceeding. In adoption, there is no particular defendant to speak of
since the proceeding involves the status of a person it being an
action in rem.
ADOPTION

DOMESTIC ADOPTION INTER-COUNTRY

ADOPTION
Governed by RA 8552, the Governed by RA 8043, the
Domestic Adoption Act of Inter-Country Adoption Act of
1998; procedure governed by 1995; procedure governed by
AM No. 02-06-02-SC, Aug. 22, the Amended Implementing
2002. Rules and Regulations on
ICAA.

Applies to domestic adoption Applies to adoption of a

of Filipino children, where the Filipino child in a foreign
entire adoption process country, where the petition for
beginning from the filing of the adoption is filed, the supervised
petition up to the issuance of trial custody is undertaken and
the adoption decree takes the decree of adoption is issued
place in the Philippines. outside of the Philippines.
ADOPTION
Who may be adopted Who may be adopted
A child legally available for Only a legally free child may be
adoption.Requisites: adopted.Requisites:
a) Below 18 years of age; and a) Below 15 years of age; and
b) Judicially declared available b) Has been voluntarily or
for adoption. involuntarily committed to the
DSWD in accordance with PD
Exceptions: 603.
a) Legitimate son/daughter of
one spouse by the other spouse;
b) Illegitimate son/daughter
by a qualified adopter;
c) Person of legal age if, prior
to the adoption said person has
been consistently considered and
treated by the adopter/s as
his/her own child since minority.
ADOPTION
Who may be adopted Who may be adopted
A child legally available for Only a legally free child may be
adoption.Requisites: adopted.Requisites:
a) Below 18 years of age; and a) Below 15 years of age; and
b) Judicially declared available b) Has been voluntarily or
for adoption. involuntarily committed to the
DSWD in accordance with PD
Exceptions: 603.
a) Legitimate son/daughter of
one spouse by the other spouse;
b) Illegitimate son/daughter
by a qualified adopter;
c) Person of legal age if, prior
to the adoption said person has
been consistently considered and
treated by the adopter/s as
his/her own child since minority.
ADOPTION

Requirement of Joint Requirement of Joint

Adoption by Spouses Adoption by Spouses
General rule: husband and Rule: if the adopter is
wife shall jointly adopt; married, his/her spouse
otherwise, the adoption must jointly file for the
shall not be adoption.
allowed.Exceptions:
1) If one spouse seeks
to adopt the legitimate
son/daughter of the other;
2) If one spouse seeks
to adopt his/her own
illegitimate son/daughter
but the other spouse must
give his/her consent;
3) If the spouses are
legally separated from
each other.
ADOPTION
WHO MAY ADOPT (DOMESTIC ADOPTION ACT)
Filipino Citizens
1) Of legal age;
2) In possession of full civil capacity and legal rights;
3) Of good moral character;
4) Has not been convicted of any crime involving moral turpitude;
5) Emotionally and psychologically capable of caring for children;
6) In a position to support and care for his/her children in keeping
with the means of the family;
7) At least 16 years older than the adoptee but this latter
requirement may be waived if (a) the adopter is the biological parent
of the adoptee; or (b) the adopter is the spouse of the adoptees
parent; and
8) Permanent resident of the Philippines.
 ADOPTION
WHO MAY ADOPT (DOMESTIC ADOPTION ACT)
Aliens (1) Same qualifications as above, and in addition:
2) His/her country has diplomatic relations with the Philippines;
3) His/her government allows the adoptee to enter his/her country
as his/her adopted son/daughter;
4) Has been living in the Philippines for at least 3 continuous years
prior to the filing of the application for adoption and maintains such
residence until the adoption decree is entered; and
5) Has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to
adopt in his/her country. This requirement may be waived if (a) a former
Filipino citizens seeks to adopt a relative within the 4thdegree of
consanguinity or affinity; (b) one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; (c) one who is married to a
Filipino citizen and seeks to adopt a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse.
 ADOPTION
WHO MAY ADOPT? (Inter-country Adoption Act)
FILIPINO CITIZENS
1) Permanent resident of a foreign country;
2) Has the capacity to act and assume all rights and
responsibilities of parental authority under Philippine
laws;
3) Has undergone the appropriate counselling from
an accredited counselor in country of domicile;
4) Has not been convicted of a crime involving moral
turpitude;
5) Eligible to adopt under Philippine laws;
 ADOPTION
Who may adopt? (Inter-country Adoption Act)
FILIPINO CITIZENS
6) 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;
7) Agrees to uphold the basic rights of the child as embodied
under Philippine laws, the UN Convention on Rights of the Child,
and to abide by the rules and regulations issued to implement the
provisions of the ICAA;
8) Residing in a country with whom the Philippines has
diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption is allowed in
that country;
 ADOPTION
Who may adopt? (Inter-country Adoption Act)
FILIPINO CITIZENS
9) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in other
applicable Philippine laws;
10) At least 27 years of age at the time of the application;
and
11) At least 16 years older than the child to be adopted
at the time of application, unless (a) adopted is the parent
by nature of the child to be adopted; or (b) adopter is the
spouse of the parent by nature of the child to be adopted.
 ADOPTION
Who may adopt? (Inter-country Adoption Act)
ALIENS
1) At least 27 years of age at the time of the application;
2) 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;
3) Has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws;
4) Has undergone the appropriate counseling from an accredited
counselor in his/her country;
5) Has not been convicted of a crime involving moral turpitude;
6) Eligible to adopt under his/her national law;
 ADOPTION
Who may adopt? (Inter-country Adoption Act)
ALIENS
7) 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;
8) Agrees to uphold the basic rights of the child as
embodied under Philippine laws, the UN Convention on
the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of the
ICAA;
 ADOPTION
Who may adopt? (Inter-country Adoption Act)
ALIENS
9) 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 his/her national laws; and
10) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in other
applicable Philippine laws.
ADOPTION
PROCEDURE IN DOMESTIC
ADOPTION ACT
Where to file application: In the
Family Court of the province or
city where the prospective
parents reside.After filing: The
petition shall not be set for
hearing without a case study
report by a licensed social
worker.
 ADOPTION
PROCEDURE IN DOMESTIC ADOPTION ACT
Supervised Trial Custody:
a) Temporary parental authority is vested in
prospective adopter;
b) Period is at least 6 months, but may be reduced by
the court motu propio or upon motion;
c) If adopter is alien, the law mandatorily requires completion of the 6-
month trial custody and may not be reduced, except if: (1) a former Filipino citizen
seeks to adopt a relative within 4thdegree of consanguinity or affinity; (2) one seeks
to adopt the legitimate son/daughter of his/her Filipino spouse; (3) one who is
married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the 4th degree of consanguinity or affinity of the Filipino spouse.
 ADOPTION
PROCEDURE IN DOMESTIC ADOPTION ACT
Decree of Adoption: Issued by Philippine Family Court.
Consent Required: Written consent of the following to the
adoption is required, in the form of affidavit: (1) adoptee, if 10
years of age or over; (2) biological parent/s of the child, if
known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child; (3)
legitimate and adopted sons or daughters, 10 years of age or
over, of the adopter/s and adoptee, if any; (4) illegitimate
sons/daughters, 10 years of age of over, of the adopter if living
with said adopter and the latters spouse, if any; (5) spouse, if
any, of the person adopting or to be adopted.
 ADOPTION
PROCEDURE FOR INTER-COUNTRY ADOPTION
Where to file application: Either in (a) Family Court having
jurisdiction over the place where the child resides or may be
found, or (b) Inter-Country Adoption Board (ICAB) through an
intermediate agency, whether governmental or an authorized
and accredited agency, in the country of the prospective
adoptive parents.After filing: (a) if filed in the FC, court
determines sufficiency of petition in respect to form and
substance, after which, petition is transmitted to ICAB; (b) if
petition is already with ICAB, it conducts matching of the
applicant with an adoptive child; (c) after matchmaking, the child
is personally fetched by the applicant for the trial custody
which takes place outside of the Philippines.
 ADOPTION
PROCEDURE FOR INTER-COUNTRY ADOPTION
Supervised Trial Custody:
a) This process takes place outside of the country and
under the supervision of the foreign adoption agency;
b) For a period of 6 months;
c) If unsuccessful, ICAB shall look for another prospective
applicant. Repatriation of the child is to be resorted only as a
last resort;
d) If successful, ICAB transmits a written consent for the
adoption to be executed by the DSWD, and the applicant then
files a petition for adoption in his/her country.
 ADOPTION
PROCEDURE FOR INTER-COUNTRY ADOPTION
Decree of Adoption: Issued by a foreign court.
Consent Required:
(1) Written consent of biological or adopted children
above 10 years of age, in the form of sworn statement is
required to be attached to the application to be filed with
the FC or ICAB;
(2) If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the written consent to
the adoption executed by the DSWD is required.
 ADOPTION
PROCEDURE FOR INTER-COUNTRY ADOPTION
Decree of Adoption: Issued by a foreign court.
Consent Required:
(1) Written consent of biological or adopted children
above 10 years of age, in the form of sworn statement is
required to be attached to the application to be filed with
the FC or ICAB;
(2) If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the written consent to
the adoption executed by the DSWD is required.
 ADOPTION
EFFECTS OF ADOPTION
(1) Transfer of parental authority except in cases
where the biological parent is the spouse of the adopter,
the parental authority of the biological parents shall
terminate and the same shall be vested in the
adopters (Sec. 16).
(2) 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 (Sec. 17).
 ADOPTION
EFFECTS OF ADOPTION
(3) Successional rights
(a) In legal and intestate succession, the adopter(s) and
the adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation (Sec. 18);
(b) However, if the adoptee and his/her biological
parent(s) had left a will, the law on testamentary succession
shall govern (Sec. 18);
(c) Art. 18(3) of the Family Code and Sec. 18, Art V of RA
8552 provide that the adoptee remains an intestate heir of
his/her biological parent
 ADOPTION
EFFECTS OF ADOPTION
(3) Successional rights
(a) In legal and intestate succession, the adopter(s) and
the adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation (Sec. 18);
(b) However, if the adoptee and his/her biological
parent(s) had left a will, the law on testamentary succession
shall govern (Sec. 18);
(c) adoptee remains an intestate heir of his/her biological
parent
 ADOPTION
EFFECTS OF ADOPTION
Issuance of new certificate and first name and surname of adoptee
(a) The adoption decree shall state the name by which the
child is to be known. An amended certificate of birth shall
be issued by the Civil Registry attesting to the fact that the
adoptee is the child of the adopter(s) by being registered
with his/her surname;
(b)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.
 ADOPTION
EFFECTS OF ADOPTION
Issuance of new certificate and first name and surname of adoptee
(c)All records, books, and papers relating to the adoption
cases in the files of the court, the DSWD, or any other
agency or institution participating in the adoption
proceedings shall be kept strictly confidential and the court
may order its release under the following conditions only:
(1) the disclosure of the information to a third person is
necessary for purposes connected with or arising out of
the adoption; (2) the disclosure will be for the best interest
of the adoptee; and (3) the court may restrict the purposes
for which it may be used (Sec. 15).
ADOPTION
Instances when adoption may be rescinded
(1) Grounds for rescission:
(a) Repeated physical and verbal maltreatment
by the adopter(s) despite having undergone
counselling;
(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence; or
(d) Abandonment and failure to comply with
parental obligations (Sec. 19).
ADOPTION
RESCISSION OF ADOPTION

(2) Prescriptive period:

(a) If incapacitated within five (5) years
after he reaches the age of majority;
(b) If incompetent at the time of the
adoption within five (5) years after
recovery from such incompetency (Sec. 21,
Rule on Adoption).
 ADOPTION
EFFECTS OF RESCISSION OF ADOPTION
(1) Parental authority of the adoptees biological parent(s), if
known, or the legal custody of the DSWD shall be restored if
the adoptee is still a minor or incapacitated;
(2) Reciprocal rights and obligations of the adopter(s) and
the adoptee to each other shall be extinguished;
(3) Cancellation of the amended certificate of birth of the
adoptee and restoration of his/her original birth certificate; and
(4) 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.
 ADOPTION
INTER-COUNTRY ADOPTION (RA 8043)
(1) Inter-Country Adoption refers to the socio-legal process
of adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of
adoption is issued in the Philippines (Sec. 3[a]).
When allowed
(1) Inter-country adoptions are allowed when the same shall
prove beneficial to the childs best interests, and shall serve and
protect his/her fundamental rights (Sec. 2).
(2) It is allowed when all the requirements and standards set
forth under RA 8043 are complied with.
 ADOPTION
FUNCTIONS OF THE RTC IN
INTER-COUNTRY ADOPTION
An application to adopt a Filipino child shall be filed either
with the Philippine Regional Trial Court having jurisdiction
over the child, or with the Board, through an intermediate
agency, whether governmental or an authorized and
accredited agency, in the country of the prospective
adoptive parents, which application shall be in accordance
with the requirements as set forth in the implementing
rules and regulations (Sec. 10).
 ADOPTION
Best Interest of the Minor Standard
In case of custody cases of minor children, the court after
hearing and bearing in mind the best interest of the minor,
shall award the custody as will be for the minors best
interests.
The totality of the circumstances and conditions as are
most congenial to the survival, protection, and feelings of
security of the minor and most encouraging to his
physical, psychological and emotional development. It also
means the least detrimental available alternative for
safeguarding the growth and development of the minor.