Persons & Family Relations (9.29.2007)

7/26/2019 Persons & Family Relations (9.29.2007)

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MARRIAGE


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unless EXEMPTED

1. Legal capacity (A5)

2. Consent

Obl. (A68)

ARRIAGE

I. ESSENTIAL Requisites (A2)

*Parties:

RIGHTS (A69;73)

ABSENCE

DEFECT

VOIDABLE (A45-47)

VOID [A35(1-6);36,37,38,44,53]

1. Authority of S.O.

[A7;10;35(2), LGC 91]

II. FORMAL Requisites (A3)

a) 18 < 21 (A14)

b) 21 < 25 (A15)

c) 18 < 25 (A16)

d) prior marriage (A13)

e) foreigners

2. ML,

3. MC (6; 8)

1) stateless

2) refugee

(A 21)

Solemnized outside RP [A26 (1 2)]

Exceptions: [A35(1,4,5,6); 36; 37; 38]

Molina Doctrine

(2/13/1997)

(A40; 41-43)

(A48-54)

VALID

(A9; 11-12; 17-20)

IRREGULARITY

(A 27-34)


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LEGAL SEPARATION

Grounds for Petition

for LS (A55)

Grounds for Denial of

Petition for LS (A56)

Action for LS

(A57-60)

Effects of LS

Decree (A63-64)

Effects of filing

Petition for LS

(A61)

Reconciliation (A65)

EFFECTS (A66)

EXCEPTION (A66)

EXCEPTION TO THE EXCEPTION (A67)


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PROPERTY

RELATIONS

BETWEENHUSBAND &

WIFE


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1. MS

2. FC

3. Loc. Customs

VALID if: (Art. 77)

Phil. Laws

Exceptions: (Art. 80) H&W aliens

Properties outside RP

VOID if: No marriage1. In writing

2. Signed by

parties

3. Executed beforemarriage

Exception: (Art. 81)

stipulations do

not depend upon

celebration of

marriage

Binding vs 3rd parties if:

1. Registered w/proper LCR/RD

PROPERTY RELATIONS:


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2. in consideration of

I. No donation by future spouses to eachother > 1/5 of their present property

if property regime is NOT ACP

(Art. 84); any excess VOID

1. made before the

3. in favor of 1 or both of the future

spouses

DONATIONS

PROPTER

NUPTIAS (Art. 82)

marriag

e


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formalities

of wills

Donee

ENTITLED to excess

donee

NOT liable for deficiency

FORECLOSURE SALE

II. Property donated subject to

encumbrances

1. Proceeds < amt. of obl.

2. proceeds > amt. of obl.

III. Donations of future prop.

> testate succession

VALID (Art. 85)


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VOID

EXCEPTION: (Art. 87)

moderate gifts on occasion

of family rejoicing

1. Between H W

2. NO donation BY either spouse W/O

consent of the other of ACP/CPG

property

DONATIONS DURING

MARRIAGE

EXCEPTION: (Art. 98/125)moderate donations for charity/

occasions of family rejoicing or

family distress


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I.

MARRIAGE

II. Legal separation, donee guilty party

REVOCATION OF DONATION

PROPTER NUPTIAS

1. not celebrated2. Judicially declared

void

3. w/o parental/guardian

consent4. Annulled, donee in BF

III. Resolutory condition complied

IV. Ingratitude of donee


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PROPERTY REGIME OF

VALID MARRIAGES

ACP CPGSeparate

Prop.

RegimeI. Commence at precise moment of

marriage

II. No waiver of rights, interest, shares

effects during marriage

III. Property acquired DURING marriage

PRESUMED ACP/CPG unless proved to

be EXCLUDED (Art. 93/116)

EXCEPTION: judicial separation of

prop. or marriage dissolved/annulleda) waiver in public instrumentb) recorded in LCR/RD


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1. Co-ownership (Art. 90)

2. All properties at the time of marriage

acquired thereafter (Art. 91)

ABSOLUTE COMMUNITY

PROPERTY

3. Property EXCLUDED: (Art. 92)

(2). personal & exclusive use

(1). acquired gratuitously

(3). acquired before marriage by either

spouse w/ leg. descendants by a

former marriage

EXCEPT: jewelries


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1. Contract of partnership (Art. 108)2. Proceeds, products, fruits income of

H Ws separate prop. placed in a

COMMON FUND; net gains equally

between H W upon dissolution of

marriage (Art. 106)

CONJUGAL PARTNERSHIP

OF GAINS

(2). acquired by gratuitous title(1). brought to the marriage as own prop.

(3). bought by exclusive money of H OR W

(4). acquired by right of redemption, barter or

exchange w/ prop. of H OR W

3. Property EXCLUDED: (Art. 109)


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current

market value of separate prop.

1. Agreed by H W in MS

SEPARATION OF PROPERTY

REGIME

2. Present or future prop.; total or partial;

prop. not separate belong to ACP

(Art. 144)

3. Each spouse own, dispose of, possess,

administer, enjoy, HIS/HER prop. W/O

consent of other spouse; to each spouse

belongs all earnings (Art. 145)

4. BOTH bear family expenses in proportion

to their income; insufficient

5. Liability to creditors for family expenses


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PROPERTY REGIMES OF

UNIONS WITHOUT MARRIAGECO-OWNERSHIP

Art. 148Art. 147

Man & woman living

together as H&W, one/bothw/legal impediment to

contract marriage

Man & woman capacitated

to marry each other, liveexclusively w/ each other

as H&W, W/O marriage or

under a void marriage

EQUAL SHARES even if 1

partys efforts consisted in

the care of

family/household

ACTUAL JOINT

CONTRIBUTION of money,

property or industry in the

acquisition of properties


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1. Support of H W, common children leg.

children of either spouse

2. Debts. w/c redounded to the benefit of

the family

OBLIGATIONS OF ACP/CPG

(ART. 94/121)

3. Expenses for education of either spouse

4. Taxes, expenses for preservation of

common property/separate prop. used by

family

* Winnings/losses from games of

chance/gambling

ADMINISTRATION OF


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disposition VOID

sole

administration by the other spouse w/c does

NOT include powers of disposition or

encumbrance W/O:

recourse by wife to the court w/n

5 years from the date of the contract

implementing such decision (Art. 96/124)

1. Belongs to BOTH spouses jointly

ADMINISTRATION OF

ACP/CPG

NO a or b

b). Written consent of other spouse

a). authority of the court

2. Incapacity of one spouse

DISAGREEMENT Hs decision subject

to

TERMINATION OF ACP/CPG


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ACP/CPG

liquidated in estate proceedings; judicial or

extra-judicial liquidation w/n 1 year from

death of spouse

TERMINATION OF ACP/CPG

(ART. 99/126)

2. Decree of legal separation

* NO LIQUIDATION

1. Death of either spouse

b). mandatory regime of COMPLETE

SEPARATION OF PROPERTY of

subsequent marriage (Art. 103/130)

a). disposition/encumbrance VOID

3. Marriage annulled or declared void

4. Judicial separation of property during the

marriage under Arts. 134-138

LIQUIDATION OF ACP/CPG


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best interest of the children

spouses w/whom

majority of the children remain; children < 7

years old

delivered to

spouses

separate prop. of spouses

LIQUIDATION OF ACP/CPG

(ART. 102/129)

2. Debts/obl. paid out of assets of ACP/CPG; if

insufficient

1. Inventory of properties w/c are ACP/CPG and

exclusive prop.

3. Balance from exclusive prop

4. Net assets of ACP/CPG equally bet. spouses

5. Presumptive legitimes delivered to common

children

EXCEPTION: Court finds compelling reasons

6. Conjugal dwelling lot

MOTHER

Exception: different agreed by spouses in MS


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court petition for receiversip,

judicial separation of prop, authority to be

sole administrator (Art. 101)

separate prop. of both spouses

SOLIDARILY LIABLE for support of family

Judicial authorization

in a summary proceeding

NO support

SEPARATION DE FACTO BET H&W

2. Consent of 1 spouse to any transaction

required by law

1. Spouse who leaves conjugal home W/O JUST

CAUSE

3. Absence of sufficient ACP/CPG

assets

4. Spouse W/O JUST CAUSE abandons the

other

shall NOT AFFECT ACP/CPG (Art. 100/127)

EXCEPTIONS


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court

shall appoint SUITABLE person as

administrator

1. becomes guardian of the other

2. judicially declared an absentee

Administration of Exclusive

Property Transferred to ONE

SPOUSE if ONE SPOUSE: (Art. 142)

3. sentenced to penalty of civil

interdiction

4. becomes fugitive from justice/is in

hiding as an accused in crim. case

* SPOUSE NOT QUALIFIED


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SEPARATION OF PROPERTY OF

SPOUSES DURING MARRIAGE

Gen. Rule: ONLY by JUDICIAL ORDER

VOLUNTARY

DISSOLUTION

(Arts. 136-140)

SUFFICIENT

CAUSES: (Art. 135)

Joint Petition

of Spouses

for Revival of

FORMERProp. Regime

Art. 134

1. penalty with civil

interdiction

2. spouse judicially

declared absentee

3. judicial decree of

loss of P.A.

4. abandonment/failure

to comply withfamily obl.

5. adm. spouse abused

power

6. de facto separation

of H&W for at least 1

year & reconciliationhighly improbable

1. verified petition filed

by spouses; creditors

notified & protected

2. ACP/CPG liquidated;

complete separation

of prop. applicable

3. judicial decree of

separation of prop.

recorded in LCR/RD

* NO voluntary separation

of prop may thereafter be

granted (Art. 141)

Exception: Express declaration in MS


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FAMILY

RELATIONS

A t 150


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Art. 150. FAMILY RELATIONS

1.Between husband and wife

2. Between parents and children

3. Among ascendants/descendants

A t 150


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Art. 150. FAMILY RELATIONS

5. No suit between members of the

same family shall prosper UNLESS

earnest efforts to COMPROMISE

has failed (Art. 151)

4. Among brothers & sisters, whether

of full or half-blood

A t 152/153 FAMILY HOME


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Art. 152/153. FAMILY HOME

1. Constituted by h/wife/unmarried head of

the family; from the time occupied as

family residence; only 1 FH (A161);continue as such FH despite death of

spouses or unmarried head of the family

for 10 yrs/as long as there is a minor

beneficiary living therein (A159)

2 of FH


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2. BENEFICIARIES of FH

b. Parents, ascendants, descendants

brothers/sisters, legitimate or ill., livingin the FH & dependent upon head of the

family for legal support

a. H&W or an unmarried head of the

family


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b. Debts incurred prior to constitution

of FH

3. EXEMPT from execution, forced sale,

or attachment EXCEPT: (A155)

d. Debts due to laborers, mechanics,

architects, builders, etc. who

rendered service/materials for

construction of the building

a. Non-payment of taxes

c. Debts secured by mortgages on

the premises before/after

constitution of FH


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4. ACTUAL VALUE of FH - P300T in urban

areas; P200T in rural areas or such

amounts as may hereafter be fixed by

law (Art. 157)

5. May be sold, alienated, donated,

assigned or encumbered w/ the written

consent of the person constituting the

FH, the latters spouse majority of

the beneficiaries of legal age; in case

of conflict - court shall decide. (Art. 158)


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Judgment in favor of creditor not one

of those in Art. 155 and FH worth >

than Art. 157 execution - lowest

bid as provided in Art. 157 and

applied in said Art. 157, then to

liabilities under the judgment and

costs; EXCESS - judgment debtor

(Art. 160)

6. EXECUTION OF FH


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medical

attendance,

Art. 194. SUPPORT

Comprises everything

indispensable for

and

transportation,

education

clothing,dwelling,sustenance,

in keepingwith the financial capacity of

the family. (Art. 194)


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THE FOLLOWING ARE OBLIGED TO

SUPPORT EACH OTHER (Art. 195)

5. Legitimate brothers and sisters,

whether of full or half-blood

4. Parents & their ill. children &

the legitimate/illegitimatechildren of the latter

3. Parents & their leg. children &the leg./ill. children of the latter

2. Leg. ascendants & descendants

1. The spouses

Art 199


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Art. 199. 2 OR MORE PERSONS ARE

OBLIGED TO GIVE SUPPORT,

LIABILITY IS IN THE FF. ORDER:

1. The spouse

2. Descendants in the nearest

degree3. Ascendants in the nearest degree4. Brothers and sisters

** paying allowance fixed or maintaining

person to be supported in the family

dwelling, except in case of moral or legal

obstacle (Art. 204).

* support shall be in proportion to the

resources or means of the giver & to

the necessities of the recipient (A201)


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PARENTAL AUTHORITY

1. Parental authority/responsibility

may NOT be renounced/transferred,

except in cases authorized by law(Art. 210)

2. F AND M jointly exercise parental

authority over common children;

DISAGREEMENT - fathers decision,unless there is judicial order to the

contrary. (Art. 211)

*CHILDREN - respect, reverence,

obedience to parents


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3. a. absence/death of 1 parent - present

parent; remarriage of 1 parent does not

affect parental authority, unless court

appoints guardian over person/property

of children (Art. 212)

b. separation of parents - parent

designated by the court; child

< 7 mother, unless court finds

compelling reason (Art. 213)


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c. In default of parents or a judicially

appointed guardian (Art. 216)

(3) childs actual custodian,

>21 yrs. of age

(2) oldest brother/sister >21 years of

age

(1) surviving grandparent (A214)


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4. *No descendant shall be compelled , in a

criminal case to testify against his

parents and grandparents, except when

such testimony is INDISPENSABLE in a

crime against the descendant or by one

parent against the other (Art. 215)

Art 217 Parental Authority over


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Art. 217. Parental Authority over

foundlings, or

abused children

neglectedabandoned,

ORPHANAGE

heads of

childrens homes, orphanages &

similar institutions accredited by the

proper government agency


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or

individual/institution engaged in child care;

while minor child under their supervision or

custody; principally solidarily liable for

damages caused by acts of minor;

parents/substitute parents subsidiarily

liable.

Art. 218. Special Parental Authority

and teachers

chool,

its administrators


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civilly liable

for damages caused by minors/

unemancipated children living in their

company under their parental

authority, subject to defenses provided

by law

*Art. 221. Parents/persons exercising

parental authority


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Art. 223. Parents or those exercising

parental authority may petition the

COURT for an order providing for

disciplinary measures over the child

may include commitment of the

child for not >30 days in accredited

childrens homes.

Art. 225. F and M exercise legal


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Art. 225. F and M exercise legal

guardianship over property of common

child; disagreement Fs decision,

unless judicial order to the contrary;market value of minors prop. > P 50K

BOND as the court may determine

but NOT < 10% of the value of

property/annual income of the child.


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PARENTAL AUTHORITY TERMINATES

PERMANENTLY UPON: (Art. 228)

1. the death of parents

Unless

subsequentlyrevived by

a final

judgment

(Art. 229)

2. the death of the child3. emancipation of the child

4. adoption of the child

5. appointment of general

guardian6. judicial decree of

abandonment7. final judgment of a

competent court divestingparental authority

8. judicial declaration of

absence/incapacity of person

exercising parental authority


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b. gives the child corrupting orders, counsel or

example

c. compels the child to beg

1. Conviction of a crime with the penalty of civil

interdiction (Art. 230)

SUSPENSION OF PARENTAL AUTHORITY

P. A. automatically reinstated upon service

of penalty/upon pardon or amnesty of

offender (Art. 230)

P. A. reinstated if the court finds that the

cause has ceased will NOT be repeated

(Art. 231)

P. A. shall be permanently deprived by the

court Art. 232

2. Court action, if parent: (Art. 231)

d. subjects the child or allows him to be

subjected to acts of lasciviousness

a. treats the child w/ excessive harshness or

cruelty


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PATERNITY

AND

FILIATION


45/78

FILIATION

Inter-Country Adoption

Act of 1995 (6/7/95)

May be by NATURE

Domestic Adoption Act

of 1998 (2/25/98)

or by ADOPTION


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LEGITIMATE CHILDREN

A. Are those: (Art. 164)

1. Conceived or born during marriage

2. Conceived by artificial insemination

a. authorized by BOTH spouses

b. in a written instrument

c. signed by BOTH spouses beforebirth of child

d. recorded in the LCR together

w/ birth certificate

3. Whose mother may have declared

against the legitimacy/may have

been sentenced an adulteress

(Art. 167)

B. shall have the RIGHT TO: (Art. 174)


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1. Bear surnames of F and M

rights

C. FILIATION IS ESTABLISHED BY: (Art. 172)

2. Receive support from their parents,

ascendants, brothers/sisters

3. Legitime/successional rights

1. Record of birth appearing in the civil

register or a final judgment

2. An admission in a public document or a

private hand-written instrument signed

by the concerned parent

In their absence, legitimate filiation

shall be proved by:

(1) Open continuous possession of the

status of a legitimate child

(2) Any other means allowed by the Rules

of Court special laws.


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D. ACTION TO CLAIM LEGITIMACY

may be brought by: (Art. 173)

1. Child - during his/her lifetime;

action commenced by child shall

survive notwithstanding the death

of either or both of the parties

2. Heirs of the child - should the

child die during minority or in a

state of insanity; within a period

of 5 years

E. LEGITIMACY of a child may be IMPUGNED


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(a) physical incapacity of husband to have

sexual intercourse with his wife

1. Physical impossibility for the husband to have

sexual intercourse w/ his wife within the first

120 days of the 300 days which immediately

preceded the birth of the child because of:

only on the ff. GROUNDS: (Art. 166)

2. Biological or other scientific reasons that the

child could not have been that of the husband

(c) serious illness of the husband, which

absolutely prevented sexual intercourse

(b) fact that h w were living separately that

sexual intercourse was NOT possible OR

3. In case of artificial insemination, the written

authorization or ratification of either parent

was obtained through mistake, fraud, violence,

intimidation or undue influence


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WHO MAY IMPUGN LEGITIMACY

OF CHILD?

GEN. RULE: Husband

EXCEPTION:Heirs of the husband

(Art. 171)

1. If the husband should die before the

expiration of the period fixed for

bringing his action

2. If H should die after filing of thecomplaint, w/o having desisted

therefrom

3. If the child was born after death

of husband Art. 171


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PERIOD TO IMPUGN LEGITIMACY (Art. 170)

1. One (1) yr. from the knowledge of the birth

or its recording in the Civil Register, if

H/heirs reside in the city or municipalitywhere the birth took place or was

recorded

2. If H/heirs do not reside at the place of

birth/where it was recorded - period shall

be 2 years if they reside in the Phil; 3 yrs.,

if abroad

3. If birth has been concealed/unknown tothe H/heirsperiod shall be counted from

the discovery or knowledge of the birth of

the child or of the fact of registration of

said birth, WHICHEVER IS EARLIER.


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ILLEGITIMATE CHILDREN

A. are those: (Art. 165)

1. Conceived and born outside

a valid marriage

B. shall have the RIGHT: (Art. 176)

1. Use the surname; be under the parental

authority of their mother

2. Entitled to support in conformity w/ the

Civil Code

3. Entitled to legitime w/c is 1/2 the legitime

of a legitimate child

C. FILIATION IS ESTABLISHED by the

same evidence as in Art. 172 w/n the same

period as in Art. 173 except when based on

2

nd

par. of Art. 172 in w/c case the action may

be brought only DURING THE LIFETIME

of the alleged PARENT


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LEGITIMATED CHILDREN

A. are those: (Arts. 177/178)

1. Conceived and born outside of wedlock of

parents who at the time of conception have

no legal impediment to marry each other &whose parents subsequently married each

other.B. shall have the SAME rights as legitimate

children (Art. 179)C. Legitimation retroacts to the time of the childs

birth (Art. 180)

1. Legitimation of children who died before the

celebration of the marriage benefits their

descendants. (Art. 181)

2. May be impugned only by those who are

prejudiced in their rights, w/n FIVE (5) yrs.

from the time their cause of action accrues.

(Art. 182)

RULES IF 1st MARRIAGE TERMINATED


54/78

AND MOTHER CONTRACTED A

SUBSEQUENT MARRIAGE (Art. 168)

1. A child born before 180 days after the

solemnization of the subsequent

marriage is considered to have been

conceived during the 1st marriage,

provided it be born w/n 300 days after

the termination of the 1st marriage.

2. A child born after 180 days after the

solemnization of the subsequent

marriage is considered to have been

conceived during such marriage, even

though it be born w/n the 300 days

after the termination of the 1st

marriage.


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ADOPTION


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Domestic Adoption Act of 1998

R.A. 8552 (2/25/98)

Inter-Country Adoption Act of 1995

R.A. 8043 (6/7/95)


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WHO MAY ADOPT?

a. of legal age

b. with full civil capacity

and legal rights

c. of good moral character

d. not convicted of a crime involving moral

turpitude

e. emotionally and psychologically capable of

caring for children

f. in a position to support and care for his children

in keeping with the means of the family

g. at least 16 years older than adoptee

1. Any Filipino citizen

a. Adopter is the biological parent of adoptee

OR

b. Adopter is the spouse of the adoptees

arent

> 16-year-gap between adopter and adoptee may

be waived if:


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2. Any alien

a. with the same qualifications above-stated

b. whose country has diplomatic relations

with RP

c. living in the RP for at least 3 continuous

years prior to filing petition for adoption

until adoption decree is entered

d. certified by his diplomatic/consular office

to have legal capacity to adopt in his

country

e. whose government allows the adoptee to

enter his country as his adopted child

3. The guardian w/ respect to the ward after

the termination of the guardianship and

clearance of his/her financial liabilities.

> Residency and Certification of


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1. a former Filipino citizen who seeks

to adopt a relative within the 4

th

degree of consanguinity or affinity

2. one who seeks to adopt the

legitimate child of his Filipino

spouse

3. one who is married to a Filipino

citizen, seeking to adopt jointly with

his spouse a relative within the 4

th

degree of consanguinity or affinity

of the Filipino spouse

aliens qualification to adopt in

his country may be waived for:

Husband and wife shall JOINTLY


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1. if one spouse seeks to adopt the

leg. child of the other spouse OR

2. if one spouse seeks to adopt his

own illegitimate child, provided, that

the other spouse has signified his

consent thereto OR

3. if the spouses are legally separated

from each other.

ADOPT EXCEPT:

WHO MAY BE ADOPTED?


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6. A child whose biological/adoptive parents

have died, provided, that no proceedings

shall be initiated w/n 6 months from the

time of death of said arent

1. Any person below 18 yrs. who has

been adm./judicially declared

available for adoption

2. Leg. son/daughter of one spouse

by the other spouse

3. Ill. son/daughter by a qualified adopter to

improve his/her status to that of legitimacy

4. A person of legal age if, prior to the

adoption, said person has been consistently

considered and treated by the adopter as

his/her own child since minority

5. A child whose adoption has been previously

rescinded

WHOSE CONSENT IS NECESSARY


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TO THE ADOPTION?

3. Legitimate adopted children, 10 yrs or

over, of the adopter(s) adoptee, if any

4. Illegitimate children, 10 yrs or over of the

adopter, if living w/ said adopter the

latters spouse, if any

5. Spouse, if any, of the person adopting or

to be adopted

1. The adoptee, if 10 years

or over

2. Biological parents of the child,

if known, or legal guardian or

the proper govt. instrumentality

which has legal custody of the child


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WHERE TO

FILE PETITION?

Family Court of the

province or city where

the prospective adoptive

parents reside

PUBLICATION:

Once a week for 3 successive

weeks in a newspaper of

general circulation in the

province/city where court is

situated


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Child and Home Study

Reports

to be conducted by DSWD

licensed social worker on the

adoptee, biological parent(s)

and adopter(s)

to be submitted together withfindings and recommendations

to the court hearing the


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Supervised Trial Custody

6-month-period for adoptee and

adopter(s) to adjust psychologically

and emotionally to each other

to establish a bonding relationship

temporary parental authority vested in

the adopter(s) Court may reduce trial custody period,

if it is in the best interest of the child

alien adopter(s)

6-month trial

custody period

MUST be completed,

unless alien adopter

falls under Sec. 7(b).


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Adoption Decree

effective as of the date the

original petition was filed

amended birth certificate of

adoptee to be issued by LCR;

original birth certificate

CANCELLED

Adoption


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EFFECTS OF ADOPTION:

1. Except where biological parent is the spouse of

the adopter, all legal ties between biological

parent(s) and adoptee shall be severed and

parental authority shall be vested on the

adopter(s).

2. Adoptee shall be considered the legitimate

child of the adopter(s) entitled to all the rights

and obligations provided by law to legitimate

children, w/o discrimination of any kind;

adoptee entitled to love, guidance and support

in keeping with the means of the family

3. In legal and intestate succession, adopter(s)

and adoptee shall have reciprocal rights of

succession, without distinction from legitimate

filiation. Law on testamentary succession shall

govern if adoptee and his biological parent(s)

left a will.


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RESCISSION OF

ADOPTION

Who may petition rescission of

adoption?

Adoptee, with the assistance

of DSWD if a minor or if over

18 but is incapacitated, as

GROUNDS FOR RESCISSION


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1.repeated physical and verbal

maltreatment by the adopter(s)

despite counselling

OF ADOPTION

Adopter may disinherit

adoptee for causes provided

under Art. 919 NCC

2. attempt on the life of adoptee

3. sexual assault or violence

4. abandonment and failure to

comply with parental obligations

EFFECTS OF RESCISSION OF


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ADOPTION

1. Parental authority of adoptees biological

parent(s) or legal custody of DSWD, if

adoptee is still a minor or incapacitated,

shall be RESTORED.

2. Reciprocal rights and obligations of the

adopter(s) and the adoptee to each other

shall be EXTINGUISHED.

3. Court shall order LCR to CANCEL amended

birth certificate and RESTORE original birth

certificate of the adoptee.

4. Successional rights shall REVERT to its

status prior to the adoption as of the date

of judicial rescission. Vested rights

acquired prior to judicial rescission shall be

respected.

INTER-COUNTRY ADOPTION


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ACT (R.A. 8043)

socio-legal process of adopting a

Filipino child by a foreigner or by a

Filipino citizen permanently

residing abroad where the petition

is filed, supervised trial custody is

undertaken and the decree of

adoption is issued OUTSIDE the

Philippines

INTER-COUNTRY ADOPTION BOARD


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central authority in matters relating

to inter-country adoption

DSWD Secretary (ex officio chair)

1 psychiatrist/psychologist

2 lawyers (w/qualifications

as RTC judge)

1 registered social worker

2 representatives from NGOs

engaged in child-caring and

placement activities

COMPOSITION

WHO MAY BE ADOPTED?


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Legally free child voluntarily or

involuntarily committed to the DSWD

WHO MAY ADOPT?

Foreigner or Filipino citizen

permanently residing abroad

1. at least 27 years old

2. at least 16 years older than adoptee at the

time of the application, EXCEPT if adopter is

a. natural parent of adoptee OR

b. Spouse of such parent

3. if married, spouse must jointly adopt

4. capacitated to act and assume all rights and

responsibilities of parental authority under

his national laws and has undergone

a ro riate counsellin in his countr

5. not convicted of a crime involving moral


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turpitude

6. eligible to adopt under his national law

7. is in a position to provide the proper care and

support 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 Phil. laws, the UN Convention

on the Rights of the Child, and to abide by the

rules and regulations issued to implement the

provisions of this Act

9. whose country has diplomatic relations with RP;

whose government maintains a similarly

authorized and accredited agency and allows

adoption under his national laws

10.possesses all the qualifications and none of the

disqualifications under this Act and in other

applicable Phil. laws


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WHERE TO FILE

APPLICATION?

RTC of the RP having

jurisdiction over the child OR

with the Board, through an

intermediate agency, whether

governmental or an

authorized/accredited agency,

in the country of the

prospective adoptive parents.

ATTACHMENTS TO THE APPLICATION


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(written in English)

1. Birth certificate of applicant(s)

2. Marriage contract, if married and divorce decree,

if applicable

3. Written consent of their biological or adopted

children > 10 years of age, in the form of sworn

statement

4. Physical, medical and psychological evaluation by

a duly licensed physician and psychologist

5. Income tax returns or any document showing the

financial capability of the applicant(s)

6. Police clearance of applicant(s)

7. Character reference from the local

church/minister, the applicants employer and a

member of the immediate community who have

known the applicant(s) for at least five (5) years

8. Recent post-card size pictures of the applicant(s)

and his immediate famil

FAMILY SELECTION/MATCHING


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No child shall be matched to a foreign adoptive

family unless it is satisfactorily shown that the

child cannot be adopted locally.

Adoptive parents, or any one of them, shall

personally fetch the child in the Phil.

PRE-ADOPTIVE PLACEMENT COSTS

1. Cost of bringing child from RP to the

residence of the applicant(s) abroad

including all travel expenses w/n the Phil.

and abroad

2. Cost of passport, visa, medical examination

and psychological evaluation required and

other related expenses

SUPERVISED TRIAL CUSTODY


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six (6) months from the time of

placement by the government

agency or the authorized/accredited

agency in the country of the

adoptive parents

After lapse of the 6-month trial

custody, decree of adoption shall be

issued in the said country, copy

Date post:	03-Mar-2018
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Persons & Family Relations (9.29.2007)

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