CAPÍTULO IV. REGISTRO DE LA PROPIEDAD
Artículo 54. Expedientes de distribución de beneficios y cargas
1. legal age, in possession of full civil capacity and legal rights;
2. good moral character, has not convicted of any crime involving moral turptitude,
3. emotionally and psychologically capable of caring for children
4.
at least 16years older than the adoptee (waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent)ALIEN
1. Same as the qualifications of Filipino citizen
2. His/her country has diplomatic relations with the Republic of the Philippines
3. he/she has been living in the Philippines for at least 3 continuous years prior to the filing for adoption and maintains such residence until the adoption is enterd
4. 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 or her country
5. his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter RESIDENCY and CERTIFICATION of the alien’s qualification to adopt in his/her country may be waived for the following:
1. A former citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity
2. One who 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 HUSBAND AND WIFE SHALL JOINTLY ADOPT except in the following cases:
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. Provided, however, that the other spouse has signified his/her consent thereto
3. if spouses are legally separated from each other *In inter-country, the adopter must be at least 27 years old
*Alin bang bansa ang wala tayong diplomatic relation?
tingnan natin kc baka ung bata or magaapon nanggaling sa bansa na wala tayong diplomatic relation..di open ang lahat sa pilipinas..Baka kc un ang question sa bar..Ung resdidency requirements..yan ang requisites sa FC. As a rule sa FC, alien cannot adopt unless he has the qualifications but in Domestic adoption. Alien can adopt provided that he has the all qualifications of the Filipino
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who are qualified to may adopt and a residence of the Philippines for three years. Also take note..who are included in 4th degree? hanapin ang common..sa tatay
1degree..sa kapatid 2 degrees..Affinity kamag-anak mo lang dahil asawa mo.
Q: Who may be adopted? MEMORIZE
A: In DOMESTIC ADOPTION, the following may be adopted:
1. any person below 18 years of age who has been administratively or judicilally declared available for adoption
2. the legitimates son/daughter of one spouse by the other spouse
3. as illegitimate 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(s) as his or her own child since minority
5. a child whose adoption has been previously rescinded
6. a child whose biological or adoptive parents(s) has died; provided, that no proceedings shall be initiated within 6months from the time of death of said parent(s)
In Inter-country, only a legally free child may be the subject of inter-country adoption
Q: Whose written consent is necessary? (memorize) why it is necessary especially when it involves legitmate and adopted child, 10years?
A: because ultimately it will lessen their successional rights..lumillit ang share..in actual cases, tinatanong talaga ng judge ang bata..gunu din ang biological parent in cases of biological right, hindi na sya magiging compulsory heir, pde lang testate succession but not intestate succession..testate succession if he/she is instituted as an heir..
SEC. 9 (Domestic); WHOSE COSENT IS NECESSARY TO THE ADOPTION
1. the adoptee, if 10 years of age or over
2. 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 3. the legitimate and adopted sons/daughters, if 10
years of age or over
4. the illegitimate sons/daughters, if 10 years of age or over, of the adopter if living with said adopter and the latter’s spouse, If nay
5. the spouse, if any, of the person adopting or to be adopted
Q: Is guardian allowed to adopt?
A: Only after the termination of the guardianship and clearance of his/her financial accountabilities.
Tamargo Case
During the pendency of the petition for adoption. The prospective adoptive child cause an injury to a third person..in relation to the FC Art127-128, who should be liable? The parents.bakit dapat maging liable ang parents? Because the parents has actual supervision of the child. When a petition for adoption is granted, the decision granting the petition for adoption would retroact when the child was born. This is the only first time that the local civil registry will cancel the original birth certificate and new birth certificate will be issued kc ang makikita nung bta..name of father ay ung adopting father..name nung mother ay adopting mother..so hindi nya malalaman based on the document na inampon lang sya..kaso ung ibang civil registrar nagkakamali kahit nakastate na sa implementing rules the birth certificate should not show that the child was simply adopted. So ang nangyari sa case na ito, nung nagkaroon na ng decision, inampon na ung bata so syempre mangongolekta na ung relatives nung batang nasaktan..sabi nung biological parent dapat hindi kami ung liable..dapat ung adopting parents..kc ung adoption decision retroacted to the date when the child was born so wala na kaming problema, wala kamiong liability..SC ruled that wrong..this is an exceptional case wherein the decision regarding the adoption was not given retroactive application.WHY? because it will be unfair for the adopting parent. SC said at the adopted child causes injury to third person, the biological parent were the ones actual custody and supervision of the child..therefore, even if the petition for adoption was already granted..the biological parent should still be liable for the injury caused by the adopted child because when it happened, the are the ones who has actual custody and supervision of the child..
Kang Case
Written consent of the biological parents is indispensable unless the parents already abandoned the child
Q: What are the effects of adoption?
A: 1. parental authority vested on the adopter
2. considered as legitimate son/daughter of the adopter 3. successional right
*Remember that adoption is strictly personal between
the adopting parent and the adopted child..that is why in relation to succession, as held in the case of Mariategue
vs. CA, there is no right of representation if the adopted
child predeceased the adopting parent. Why? because the relationship is strictly between the adopting parent and the adopted child
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Q: Ano ngayon ang mangyayari sa share ng adopted child?
A: di ba sa succession may tinatawag tayong accretion..di pede ang right of representation.. di rin pede ang substitution..kc ang substitution pede lang sya sa testate succession..so accretion in favor of the surviving legitimate children who are the compulsory heirs..ung anak ng adopted, wala makukuha unless the anak of the adopted was instituted as a voluntary heir
RESCISSION is only applicable or a remedy available to
the child
Q: What about the adopting parent?if maldita pla ung inamapon, ano gagawin nya?
A: disinheritance
Stephanie Astorga Garcia Case
Here the petitioner is a single parent, lalaki nagampon sya..di ba kapag nagampon ka mas maganda may wife para at least kumpleto ang magiging pangalan ng bata..may middle name may surname..ang question ditto ng nagampon ay kawawa naman ung inampon ko kung walang siyang middle name..alangan naming gamiting nung inampon ang middle name ng nagampon kc magiging magkapatid sila..tatay na nya kapatid nanaya..so the petitioner ask the court to allow the child to retain the middle name (the surname of the mother)..for the first time the SC emphasizing the importance of the middle name..it traces the maternal lineage. SC granted the petition..allowed the child to retain the surname of the mother as the middle name. Even if the child was already adopted
Republic vs. Hernandez
Ang gusto ng nagampon palitan din ang pangalan.. SC ruled No..ang right lang ay palitan ang surname pero ung pangalan..you need to connect it now with ROC, change of name. it provides when allowed to change name (ex. Humiliating, embaracing). Change of name is not allowed in adoption but through ROC.
Ching Ling Case
Adoption is not a mode of acquiring or changing one’s citizenship..so if your adopting parent is an American citizen..then it is not automatic that you become an American citizen..because citizenship is a political right but not a civil right..although, you need to connect it now with dual citizenship act.. derivative citizenship it presupposes that the unmarried child, below 18yrs of age, whether legitimate, illegitimate or adopted XXX ..naampon na sya tapos nagkataon ung tatay gusto ulit magreaquire ng Philippine citizenship..no need to take oath of allegiance ung bata..susundin na ung citizenship ng tatay
TITLE VIII
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