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Relevant article from Legal Updates
blog
Procedures in RA 8552 domestic adoption and RA 8043 inter-country
adoption; misinterpretation of RA 9523
Lahom vs. Sibulo,
G.R. No.
143989. July
14, 2003
The bliss of marriage and family would be
to most less than complete without children. The realization
could have likely prodded the spouses Dr. Diosdado Lahom and
Isabelita Lahom to take into their care Isabelita’s
nephew Jose Melvin Sibulo and to
bring him up as their own. At the tender age of two, Jose
Melvin enjoyed the warmth, love and support of the couple
who treated the child like their own. Indeed, for years, Dr.
and Mrs. Lahom fancied on legally
adopting Jose Melvin. Finally, in 1971, the couple decided
to file a petition for adoption. On 05 May 1972, an order granting the petition was issued that made all the more intense
than before the feeling of affection of the spouses for Melvin.
In keeping with the court order, the Civil Registrar of Naga
City changed the name “Jose Melvin Sibulo” to “Jose Melvin Lahom.”
A sad turn of events came many years later.
Eventually, in December of 1999, Mrs. Lahom
commenced a petition to rescind the decree of adoption before
the Regional Trial Court (RTC), Branch 22, of Naga City. In her petition, she averred
-
7. That x x x despite the proddings and pleadings
of said spouses, respondent refused to change his surname
from Sibulo to Lahom, to the frustrations
of petitioner particularly her husband until the latter died,
and even before his death he had made known his desire to
revoke respondent’s adoption, but was prevented by petitioner’s
supplication, however with his further request upon petitioner
to give to charity whatever properties or interest may pertain
to respondent in the future.
=x
x x
10. That respondent continued using his
surname Sibulo to the utter disregard
of the feelings of herein petitioner, and his records with
the Professional Regulation Commission showed his name as
Jose Melvin M. Sibulo originally
issued in 1978 until the present, and in all his dealings
and activities in connection with his practice of his profession,
he is Jose Melvin M. Sibulo.
x x x
13. That herein petitioner being a widow,
and living alone in this city with only her household helps
to attend to her, has yearned for the care and show of concern
from a son, but respondent remained indifferent and would
only come to Naga to see her once
a year.
14. That for the last three or four years,
the medical check-up of petitioner in Manila became more frequent
in view of a leg ailment, and those were the times when petitioner
would need most the care and support from a love one, but
respondent all the more remained callous and utterly indifferent
towards petitioner which is not expected of a son.
15. That herein respondent has recently
been jealous of petitioner’s nephews and nieces whenever they
would find time to visit her, respondent alleging that they
were only motivated by their desire for some material benefits
from petitioner.
16. That in view of respondent’s insensible
attitude resulting in a strained and uncomfortable relationship
between him and petitioner, the latter has suffered wounded
feelings, knowing that after all respondent’s only motive
to his adoption is his expectancy of his alleged rights over
the properties of herein petitioner and her late husband,
clearly shown by his recent filing of Civil Case No. 99-4463
for partition against petitioner, thereby totally eroding
her love and affection towards respondent, rendering the decree
of adoption, considering respondent to be the child of petitioner,
for all legal purposes, has been negated for which reason
there is no more basis for its existence, hence this petition
for revocation.
Prior to the institution of the case, specifically
on 22 March 1998, Republic Act (R.A.) No. 8552, also known
as the Domestic Adoption Act, went into effect. The new statute
deleted from the law the right of adopters to rescind a decree
of adoption (under Section 19 of Article VI of R.A. No. 8552).
Jose Melvin moved for the dismissal of the
petition, contending principally (a) that the trial court
had no jurisdiction over the case and (b) that the petitioner
had no cause of action in view of the aforequoted
provisions of R.A. No. 8552. Petitioner asseverated, by way
of opposition, that the proscription in R.A. No. 8552 should
not retroactively apply, i.e., to cases where the ground
for rescission of the adoption vested under the regime of
then Article 348 of the Civil Code and Article 192 of the
Family Code.
In an order, dated 28 April 2000, the trial
court held thusly: On the issue of jurisdiction over the subject
matter of the suit, Section 5(c) of R.A. No. 8369 confers
jurisdiction to this Court, having been designated Family
Court in A.M. No. 99-11-07 SC.
On the matter of no cause
of action, the test on the sufficiency of the facts alleged
in the complaint, is whether or not, admitting the facts alleged,
the Court could render a valid judgment in accordance with
the prayer of said complaint (De Jesus, et al. vs. Belarmino, et al., 95 Phil. 365).
Admittedly, Section 19, Article
VI of R.A. No. 8552 deleted the right of an adopter to rescind
an adoption earlier granted under the Family Code. Conformably,
on the face of the petition, indeed there is lack of cause
of action.
Petitioner however, insists
that her right to rescind long acquired under the provisions
of the Family Code should be respected. Assuming for the sake
of argument, that petitioner is entitled to rescind the adoption
of respondent granted on May 5, 1972, said right should have
been exercised within the period allowed by the Rules. From
the averments in the petition, it appears clear that the legal
grounds for the petition have been discovered and known to
petitioner for more than five (5) years, prior to the filing
of the instant petition on December 1, 1999, hence, the action if any, had already prescribed.
(Sec. 5, Rule 100 Revised Rules of Court)
WHEREFORE, in view of the
foregoing consideration, the petition is ordered dismissed.
Via a petition for review on certiorari under Rule
45 of the 1997 Rules of Court, petitioner raises the following
questions; viz:
1. May the subject adoption, decreed on
05 May 1972, still be revoked or rescinded by an adopter after
the effectivity of R.A. No. 8552
2. In the affirmative,
has the adopte’rs action prescribed
A brief background on the law and its origins
could provide some insights on the subject. xxx In the early part of the century just passed, the rights of children invited
universal attention; the Geneva Declaration of Rights of the
Child of 1924 and the Universal Declaration of Human Rights
of 1948, followed by the United Nations Declarations of the
Rights of the Child, were written instruments that would also
protect and safeguard the rights of adopted children. The
Civil Code of the Philippines of 1950 on adoption, later
modified by the Child and Youth Welfare Code and then by the
Family Code of the Philippines, gave immediate statutory acknowledgment to the rights
of the adopted. In 1989, the United Nations initiated the
Convention of the Rights of the Child.
The Philippines, a State Party to the Convention, accepted the principle
that adoption was impressed with social and moral responsibility,
and that its underlying intent was geared to favor the adopted
child. R.A. No. 8552 secured these rights and privileges for
the adopted. Most importantly, it affirmed the legitimate
status of the adopted child, not only in his new family but
also in the society as well. The new law withdrew the right
of an adopter to rescind the adoption decree and gave to the
adopted child the sole right to sever the legal ties created
by adoption.
Petitioner, however, would insist that R.A.
No. 8552 should not adversely affect her right to annul the
adoption decree, nor deprive the trial court of its jurisdiction
to hear the case, both being vested under the Civil Code and
the Family Code, the laws then in force.
The concept of “vested right” is a consequence
of the constitutional guaranty of due process that expresses
a present fixed interest which in right reason and
natural justice is protected against arbitrary state action;
it includes not only legal or equitable title to the enforcement
of a demand but also exemptions from new obligations created
after the right has become vested. Rights are considered vested
when the right to enjoyment is a present interest, absolute,
unconditional, and perfect or fixed and irrefutable.
In Republic vs. Court of Appeals,
a petition to adopt Jason Condat
was filed by Zenaida C. Bobiles
on 02 February 1988 when the Child
and Youth Welfare Code (Presidential Decree No. 603) allowed
an adoption to be sought by either spouse or both of them.
After the trial court had rendered its decision and while
the case was still pending on appeal, the Family Code of the
Philippines (Executive Order No. 209), mandating joint adoption
by the husband and wife, took effect.Petitioner Republic argued that the case should be dismissed for having been filed by Mrs.
Bobiles alone and without being joined by the husband. The
Court concluded that the jurisdiction of the court is determined
by the statute in force at the time of the commencement
of the action. The petition to adopt Jason, having been
filed with the court at the time when P.D. No. 603 was still
in effect, the right of Mrs. Bobiles to file the petition, without being joined by her
husband, according to the Court had become vested. In Republic
vs. Miller, spouses Claude and Jumrus
Miller, both aliens, sought to adopt Michael Madayag. On 29 July
1988, the couple filed a petition to formalize Michael’s
adoption having theretofore been taken into their care. At
the time the action was commenced, P.D. No. 603 allowed aliens
to adopt. After the decree of adoption and while on appeal
before the Court of Appeals, the Family Code was enacted into
law on 08 August 1988 disqualifying aliens from adopting Filipino children.
The Republic then prayed for the withdrawal of the adoption
decree. In discarding the argument posed by the Republic,
the Supreme Court ruled that the controversy should be resolved
in the light of the law governing at the time the petition
was filed.
It was months after the effectivity of R.A. No. 8552 that herein petitioner filed
an action to revoke the decree of adoption granted in 1975.
By then, the new law, had already abrogated and repealed the
right of an adopter under the Civil Code and the Family Code
to rescind a decree of adoption. Consistently with its earlier
pronouncements, the Court should now hold that the action
for rescission of the adoption decree, having been initiated
by petitioner after R.A. No. 8552 had come into force, no
longer could be pursued.
Interestingly, even before the passage of
the statute, an action to set aside the adoption is subject
to the five-year bar rule under Rule 100 of the Rules of Court
and that the adopter would lose the right to revoke the adoption
decree after the lapse of that period. The exercise of the
right within a prescriptive period is a condition that could
not fulfill the requirements of a vested right entitled to
protection. It must also be acknowledged that a person has
no vested right in statutory privileges. While adoption has
often been referred to in the context of a “right,” the privilege
to adopt is itself not naturally innate or fundamental but
rather a right merely created by statute. It is a privilege
that is governed by the state’s determination on what it may
deem to be for the best interest and welfare of the child.
Matters relating to adoption, including the withdrawal of
the right of an adopter to nullify the adoption decree, are
subject to regulation by the State. Concomitantly, a right
of action given by statute may be taken away at anytime before
it has been exercised.
While R.A. No. 8552 has unqualifiedly withdrawn
from an adopter a consequential right to rescind the adoption
decree even in cases where the adoption might clearly turn
out to be undesirable, it remains, nevertheless, the bounden
duty of the Court to apply the law. Dura
lex sed lex
would be the hackneyed truism that those caught in the law
have to live with. It is still noteworthy, however, that an
adopter, while barred from severing the legal ties of adoption,
can always for valid reasons cause the forfeiture of certain
benefits otherwise accruing to an undeserving child. For instance,
upon the grounds recognized by law, an adopter may deny to
an adopted child his legitime and,
by a will and testament, may freely exclude him from having
a share in the disposable portion of his estate. |
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Republic Act No.
8552
Domestic Adoption Act of 1998
(Promulgated February 25, 1998)
Note: Please read the
Supreme
Court rule for the procedures in domestic adoption.
Article I. General Provisions
Section 1. Short Title. This Act shall be known as the "Domestic
Adoption Act of 1998."
Sec.
2. Declaration of Policies.
(a) It is hereby declared the
policy of the State to ensure that every child remains under the
care and custody of his/her parent(s) and be provided with love,
care, understanding and security towards the full and harmonious
development of his/her personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the
child's extended family is available shall adoption by an unrelated
person be considered.
(b) In all matters relating to
the care, custody and adoption of a child, his/her interest shall
be the paramount consideration in accordance with the tenets set
forth in the United Nations (UN) Convention on the Rights of the
Child; UN Declaration on Social and Legal Principles Relating
to the Protection and Welfare of Children with Special Reference
to Foster Placement and Adoption, Nationally and Internationally;
and the Hague Convention on the Protection of Children and Cooperation
in Respect of Intercountry Adoption.
Toward this end, the State shall provide alternative protection
and assistance through foster care or adoption for every child
who is neglected, orphaned, or abandoned.
(c) It shall also be a State
policy to:
(i)
Safeguard the biological parent(s) from making hurried decisions
to relinquish his/her parental authority over his/her child;
(ii) Prevent the child from
unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent(s)
from attempts to disturb his/her parental
authority and custody over his/her adopted child.
Any voluntary or involuntary
termination
of parental authority shall be administratively or judicially
declared so as to establish the status of the child as "legally
available for adoption" and his/her custody transferred
to the Department of Social Welfare and Development or to any
duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent
placement of the child;
(iv) Conduct
public information and educational campaigns to promote a positive
environment for adoption;
(v) Ensure that sufficient
capacity exists within government and private sector agencies
to handle adoption inquiries, process domestic adoption applications,
and offer adoption-related services including, but not limited
to, parent preparation and post-adoption education and counseling;
and
(vi) Encourage domestic adoption
so as to preserve the child's identity and culture in his/her
native land, and only when this is not available shall intercountry
adoption be considered as a last resort.
Sec 3.
Definition of terms. For purposes of this Act, the following terms shall
be defined as:
(a) "Child" is a person
below eighteen (18) years of age.
(b) "A 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/her biological parent(s) or guardian
or adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed
child" is one whose parent(s) knowingly and willingly relinquishes
parental authority to the Department.
(d) "Involuntarily committed
child" is one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due
to abandonment; substantial, continuous, or repeated neglect;
abuse; or incompetence to discharge parental responsibilities.
(e) "Abandoned child"
refers to one who has no proper parental care or guardianship
or whose parent(s) has deserted him/her for a period of at least
six (6) continuous months and has been judicially declared as
such.
(f) "Supervised trial custody"
is a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter(s) and adoptee
in stabilizing their filial relationship.
(g) "Department" refers
to the Department of Social Welfare and Development.
(h) "Child-placing agency"
is a duly licensed and accredited agency by the Department to
provide comprehensive child welfare services including, but not
limited to, receiving applications for adoption, evaluating the
prospective adoptive parents, and preparing the adoption home
study.
(i)
"Child-caring agency" is a duly licensed and accredited
agency by the Department that provides twenty four (24)-hour residential
care services for abandoned, orphaned, neglected, or voluntarily
committed children.
(j) "Simulation of birth"
is the tampering of the civil registry making it appear in the
birth records that a certain child was born to a person who is
not his/her biological mother, causing such child to lose his/her
true identity and status.
Back to top
Article II. Pre-Adoption Services
Sec.
4. Counseling Service.
The Department shall provide the services of licensed social workers
to the following:
(a) Biological Parent(s). Counseling
shall be provided to the parent(s) before and after the birth
of his/her child. No binding commitment to an adoption plan shall
be permitted before the birth of his/her child. A period of six
(6) months shall be allowed for the biological parent(s) to reconsider
any decision to relinquish his/her child for adoption before the
decision becomes irrevocable. Counseling and rehabilitation services
shall also be offered to the biological parent(s) after he/she
has relinquished his/her child for adoption.
Steps shall be taken by the Department
to ensure that no hurried decisions are made and all alternatives
for the child's future and the implications of each alternative
have been provided.
(b) Prospective Adoptive Parent(s).
Counseling sessions, adoption fora and seminars, among others, shall be provided to prospective
adoptive parent(s) to resolve possible adoption issues and to
prepare him/her for effective parenting.
(c) Prospective Adoptee. Counseling
sessions shall be provided to ensure that he/she understands the
nature and effects of adoption and is able to express his/her
views on adoption in accordance with his/her age and level of
maturity.
Sec.
5. Location of Unknown
Parent(s). It shall be the duty of the Department or the child-placing
or child-caring agency which has custody of the child to exert all
efforts to locate his/her unknown biological parent(s). If such
efforts fail, the child shall be registered as a foundling and subsequently
be the subject of legal proceedings where he/she shall be declared
abandoned.
Sec. 6. Support Services. The Department shall develop a pre-adoption
program which shall include, among others, the above mentioned services.
Article III. Eligibilty
Sec.
7. Who May Adopt. The
following may adopt:
(a) 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, emotionally and psychologically capable of caring
for children, at least sixteen (16) years older than the adoptee,
and who is in a position to support and care for his/her children
in keeping with the means of the family. The requirement of sixteen
(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;
(b) Any alien possessing the
same qualifications as above stated for Filipino nationals: Provided,
That his/her country has diplomatic relations with the Republic
of the Philippines, that he/she has been living in the Philippines
for at least three (3) continuous years prior to the filing of
the application for adoption and maintains such residence until
the adoption decree is entered, that he/she 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, and that his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter: Provided, Further,
That the requirements on residency and certification of the alien's
qualification to adopt in his/her 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 son/daughter of his/her Filipino
spouse; or
(iii) one who is married to
a Filipino citizen and seeks to adopt jointly with his/her spouse
a relative within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
(c) The guardian with respect
to the ward after the termination of the guardianship and clearance
of his/her financial accountabilities.
Husband and wife shall jointly
adopt, except in the following cases:
(i)
if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if
one spouse seeks to adopt his/her own illegitimate son/daughter:
Provided, However, that
the other spouse has signified his/her 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 son/daughter of the
other, joint parental authority shall be exercised by the spouses.
Sec.
8. Who May Be Adopted. The following may be adopted:
(a) Any person below eighteen
(18) years of age who has been administratively or judicially
declared available for adoption;
(b) The legitimate son/daughter
of one spouse by the other spouse;
(c) An illegitimate son/daughter
by a qualified adopter to improve his/her status to that of legitimacy;
(d) A 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;
(e) A child whose adoption has
been previously rescinded; or
(f) A child whose biological
or adoptive parent(s) has died: Provided, That
no proceedings shall be initiated within six (6) months from the
time of death of said parent(s).
Sec.
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:
(a) The adoptee, if ten (10)
years of age or over;
(b) The biological parent(s)
of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;
(c) The legitimate and adopted
sons/daughters, ten (10) years of age or over, of the adopter(s)
and adoptee, if any;
(d) The illegitimate sons/daughters,
ten (10) years of age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the
person adopting or to be adopted.
Back to top
Article IV. Procedure
Note:
Please see the Supreme Court rule on adoption procedures.
Sec.
10. Hurried Decisions.
In all proceedings for adoption, the court shall require proof that
the biological parent(s) has been properly counseled to prevent
him/her from making hurried decisions caused by strain or anxiety
to give up the child, and to sustain that all measures to strengthen
the family have been exhausted and that any prolonged stay of the
child in his/her own home will be inimical to his/her welfare and
interest.
Sec.
11. Case Study. No petition
for adoption shall be set for hearing unless a licensed social worker
of the Department, the social service office of the local government
unit, or any child-placing or child-caring agency has made a case
study of the adoptee, his/her biological parent(s), as well as the
adopter(s), and has submitted the report and recommendations on
the matter to the court hearing such petition.
At the time of preparation of the
adoptee's case study, the concerned social
worker shall confirm with the Civil Registry the real identity and
registered name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the responsibility
of the concerned social worker to ensure that the adoptee is registered.
The case study on the adoptee shall
establish that he/she is legally available for adoption and that
the documents to support this fact are valid and authentic. Further,
the case study of the adopter(s) shall ascertain his/her genuine
intentions and that the adoption is in the best interest of the
child.
The Department shall intervene
on behalf of the adoptee if it finds, after the conduct of the case
studies, that the petition should be denied. The case studies and
other relevant documents and records pertaining to the adoptee and
the adoption shall be preserved by the Department.
Sec.
12. Supervised Trial
Custody. No petition for adoption shall be finally granted until
the adopter(s) has been given by the court a supervised trial custody
period for at least six (6) months within which the parties are
expected to adjust psychologically and emotionally to each other
and establish a bonding relationship. During said period, temporary
parental authority shall be vested in the adopter(s).
The court may
motu proprio or upon motion of any party reduce the trial
period if it finds the same to be in the best interest of the adoptee,
stating the reasons for the reduction of the period. However, for
alien adopter(s), he/she must complete the six (6)-month trial custody
except for those enumerated in Sec. 7 (b) (i)
(ii) (iii).
If the child is below seven (7)
years of age and is placed with the prospective adopter(s) through
a pre-adoption placement authority issued by the Department, the
prospective adopter(s) shall enjoy all the benefits to which biological
parent(s) is entitled from the date the adoptee is placed with the
prospective adopter(s).
Sec.
13. Decree of Adoption.
If, after the publication of the order of hearing has been complied
with, and no opposition has been interposed to the petition, and
after consideration of the case studies, the qualifications of the
adopter(s), trial custody report and the evidence submitted, the
court is convinced that the petitioners are qualified to adopt,
and that the adoption would redound to the best interest of the
adoptee, a decree of adoption shall be entered which shall be effective
as of the date the original petition was filed. This provision shall
also apply in case the petitioner(s) dies before the issuance of
the decree of adoption to protect the interest of the adoptee. The
decree shall state the name by which the child is to be known.
Sec.
14. Civil Registry Record.
An amended certificate of birth shall be issued by the Civil Registry,
as required by the Rules of Court, attesting to the fact that the
adoptee is the child of the adopter(s) by being registered with
his/her surname. 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.
Sec.
15. Confidential Nature
of Proceedings and Records. All hearings in adoption cases shall
be confidential and shall not be open to the public. All records,
books, and papers relating to the adoption cases in the files of
the court, the Department, or any other agency or institution participating
in the adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure
of the information to a third person is necessary for purposes connected
with or arising out of the adoption and will be for the best interest
of the adoptee, the court may merit the necessary information to
be released, restricting the purposes for which it may be used.
Article V. Effects of Adoption
Sec.
16. Parental
Authority. Except in cases where the biological parent is the
spouse of the adopter, all legal ties between the biological parent(s)
and the adoptee shall be severed and the same shall then be vested
on the adopter(s).
Sec.
17. 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.
To this end, the adoptee is entitled to love, guidance, and support
in keeping with the means of the family.
Sec.
18. Succession. In legal
and intestate succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without distinction from legitimate
filiation. However, if the adoptee and
his/her biological parent(s) had left a will, the law
on testamentary succession shall govern.
Article VI. Rescission of Adoption
Sec.
19. Grounds for Rescission
of Adoption. Upon petition of the adoptee, with the assistance of
the Department if a minor or if over eighteen (18) years of age
but is incapacitated, as guardian/counsel, the adoption may be rescinded
on any of the following grounds committed by the adopter(s): (a)
repeated physical and verbal maltreatment by the adopter(s) despite
having undergone counseling; (b) attempt on the life of the adoptee;
(c) sexual assault or violence; or (d) abandonment and failure to
comply with parental obligations.
Adoption, being in the best interest
of the child, shall not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee for causes provided
in Article
919 of the Civil Code.
Sec. 20. Effects of Rescission. If the petition is granted,
the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of the Department
shall be restored if the adoptee is still a minor or incapacitated.
The reciprocal rights and obligations of the adopter(s) and the
adoptee to each other shall be extinguished.
The court shall order the Civil
Registrar to cancel the amended certificate of birth of the adoptee
and restore his/her original birth certificate.
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.
All the foregoing effects of rescission
of adoption shall be without prejudice to the penalties imposable
under the Penal Code if the criminal acts are properly proven.
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Article VII. Violations and
penalties
Sec.
21. Violations and Penalties.
(a) The penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years
and/or a fine not less than Fifty thousand pesos (P50,000.00),
but not more than Two hundred thousand pesos (P200,000.00) at
the discretion of the court shall be imposed on any person who
shall commit any of the following acts:
(i)
obtaining consent for an adoption through
coercion, undue influence, fraud, improper material inducement,
or other similar acts;
(ii) non-compliance
with the procedures and safeguards provided by the law for adoption;
or
(iii) subjecting
or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause
the fictitious registration of the birth of a child under the
name(s) of a person(s) who is not his/her biological parent(s)
shall be guilty of simulation of birth, and shall be punished
by prision mayor in its medium period and a fine not exceeding
Fifty thousand pesos (P50,000.00).
.Any
physician or nurse or hospital personnel who, in violation of his/her
oath of office, shall cooperate in the execution of the abovementioned
crime shall suffer the penalties herein prescribed and also the
penalty of permanent disqualification.
Any person who shall violate established
regulations relating to the confidentiality and integrity of records,
documents, and communications of adoption applications, cases, and
processes shall suffer the penalty of imprisonment ranging from
one (1) year and one (1) day to two (2) years, and/or a fine of
not less than Five thousand pesos (P5,000.00)
but not more than Ten thousand pesos (P10,000.00), at the discretion
of the court.
A penalty lower by two (2) degrees
than that prescribed for the consummated offense under this Article
shall be imposed upon the principals of the attempt to commit any
of the acts herein enumerated. Acts punishable under this Article,
when committed by a syndicate or where it involves two (2) or more
children shall be considered as an offense constituting child trafficking
and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article
are deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring and/or confederating with one
another in carrying out any of the unlawful acts defined under this
Article. Penalties as are herein provided,
shall be in addition to any other penalties which may be imposed
for the same acts punishable under other laws, ordinances, executive
orders, and proclamations.
When the offender is an alien,
he/she shall be deported immediately after service of sentence and
perpetually excluded from entry to the country.
.Any
government official, employee or functionary who shall be found
guilty of violating any of the provisions of this Act, or who shall
conspire with private individuals shall, in addition to the above-prescribed
penalties, be penalized in accordance with existing civil service
laws, rules and regulations: Provided, That upon the filing of a
case, either administrative or criminal, said government official,
employee, or functionary concerned shall automatically suffer suspension
until the resolution of the case.
Sec.
22. Rectification of
Simulated Births. A person who has, prior to the effectivity
of this Act, simulated the birth of a child shall not be punished
for such act: Provided, That the simulation of birth was made for
the best interest of the child and that he/she has been consistently
considered and treated by that person as his/her own son/daughter:
Provided, further, That the application for correction of the birth
registration and petition for adoption shall be filed within five
(5) years from the effectivity of this
Act and completed thereafter: Provided, finally, That such person
complies with the procedure as specified in Article
IV of this Act and other requirements as determined by the Department.
Article VIII. Final Provisions
Sec.
23. Adoption Resource
and Referral Office. There shall be established an Adoption Resources
and Referral Office under the Department with the following functions:
(a) monitor the existence, number, and flow of children legally
available for adoption and prospective adopter(s) so as to facilitate
their matching; (b) maintain a nationwide information and educational
campaign on domestic adoption; (c) keep records of adoption proceedings;
(d) generate resources to help child-caring and child-placing agencies
and foster homes maintain viability; and (e) do policy research
in collaboration with the Intercountry
Adoption Board and other concerned agencies. The office shall be
manned by adoption experts from the public and private sectors.
Sec.
24. Implementing Rules
and Regulations. Within six (6) months from the promulgation of
this Act, the Department, with the Council for the Welfare of Children,
the Office of Civil Registry General, the Department of Justice,
Office of the Solicitor General, and two (2) private individuals
representing child-placing and child-caring agencies shall formulate
the necessary guidelines to make the provisions of this Act operative.
Sec. 25. Appropriations. Such sum as may be necessary for the implementation of
the provisions of this Act shall be included in the General Appropriations
Act of the year following its enactment into law and thereafter.
Sec.
26. Repealing Clause.
Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule, or regulation contrary
to, or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.
Sec.
27. Separability
Clause. If any provision of this Act is held invalid or unconstitutional,
the other provisions not affected thereby shall remain valid and
subsisting.
Sec. 28. Effectivity Clause. This Act shall take effect fifteen (15) days following
its complete publication in any newspaper of general circulation
or in the Official Gazette.
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