1.

Inter-Country Adoption (8043)

1. What kind of parental authority is given during the 6 month trial custody.
(Ans: Substitute parental authority)
2. What are the two kinds of procedures in inter- country adoption? Where to
file application? (She made us explain the process of filing)
2. Domestic Adoption (RA 8552)
1) Difference between temporary parental authority, parental authority,
substitute parental authority and special parental authority
temporary - given to adoptive parents during supervised trial custody. Same
powers as primary parental authority and they may discipline using corporal
punishment
Substitute parental authority - when parental authority is passed to the
surviving grandparents, brother or sister over 21, custodian over 21. Same
powers as primary parental authority. May also inflict corporal punishment
Special - given to teachers, institutions, schools engaged in child care.
Applicable only when they are supervising minor children. Cannot inflict
corporal punishment
**supervised trial custody is for 6 months but may be waived
**27 years old to adopt and must have 16 years age gap
3. Special Protection of Children Act (RA 7610)
1. Who will have custody of the children upon the filing of child abuse?
Answer: DSWD [See Sec. 10 of RA 7610]
2. May a minor commit child abuse?
Answer: Yes because ANY person may be punishable for child abuse [See
Sec. 10 of RA 7610]
3. What is the extent of the penalty imposed if the parent commits child
abuse against their child?
Answer: The penalty imposed will be in the maximum period or be
considered as an aggravating circumstance because such parent cannot be
expected to care for and rear the child in a healthy, wholesome, and upright
manner if he/she commits such acts of abuse
4. Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)
1) 3 types of Guardians
Guardianship over person, Guardianship over property and Guardianship
over person and property
2) Why is it not a Summary Proceeding
Petition for guardianship can be opposed per Section 6
3) Can it be decided by the documents?
NO, it cannot be decided by the documents because that would become a
summary proceeding.
4) Related provision in the family code in the order of Guardianship
Article 216
5) Is it an adversarial proceeding?

YES
5. Solo Parents Act (RA 8972)
1) Isnt the law contradictory to the state's policy that promotes family as the
foundation of the nation?
The law recognizes the fact that there are unmarried and separated parents
and the paramount consideration would be the best interest of the child
2) how does the law reconcile with promoting marriage
Theres a termination clause that ceases the benefits if ever they go get
married
3) punishment for companies who dont give parental leave
None yet, but there is a proposed amendment.
6. Foster Care Act (RA 10165)
Q: Differentiate a Child living in a Foster Home and A child lining in an
Institution.
A: A child living in a foster home really experiences how it feels like to be in a
family, because the set up of a foster home is like that of a family.
In an institution, there are a lot of kids and there are people watching over
you.
Q: What liability does the foster parents or foster home have over the kids?
A: They exercise parental authority and the children are living under their
custody.
** They exercise "temporary" parental authority which is equivalent to
original parental authority.
Foster parents are also liable for acts of the children when:
1. Exercise parental authority over the child
2. Child is in their custody
** Additional facts lang: A foster parent has substitute parental authority
over the children but when it comes to disciplining them, they have special
parental authority.
7. Reproductive Health Act (RA 10354)
1. In the law, is parental consent completely dispensed with when it comes
to reproductive health services sought by an unempancipated child?
No. Parental consent is dispensed with only in emergency or serious cases.
Parental consent is still needed when it comes to elective surgical
procedures.
2. In the case of married couples, and one refuses to give consent in seeking
reproductive health services, whose decision should prevail?
Under the law, the decision of the one undergoing the procedure. However,
this was declared unconstitutional by the Supreme Court in the case of
Imbong vs. Ochoa, Jr. because it threatens the marriage for the sake of
taming population growth.
3. Why do you think the law in the first place included the provision that the
decision of the one undergoing the procedure would prevail over the other

spouse's refusal?
Ans: Because personal constitutional rights of a spouse remain even after he
is married, and are honored by the courts in proceedings. The spouse
undergoing the procedure still has his/her personal right to health or life.
Thus, the decision to subject one's body to undergo such procedure was
intended to prevail. However, the SC declared this clause unconstitutional for
the reason that this would weaken or destroy the marriage.

Inter-Country Adoption
Question: For trial custody, must it be exactly 6 months?
Answer: No. The law itself says 6 months, but based on the IRR it is a minimum of 6
months.
Question: How many ways are there for intercountry adoption?
Answer: 1) RTC/Family Court, 2) ICAB - is this right? And so if under ICAB, is it purely
administrative? No. Based on Section 49 of the IRR, petition for adoption is fled with
the proper court or tribunal where the applicant resides (this is in the trial custody
step already)
Question: What happens if a LGBT couple adopts (and are not married)?
Answer: Only the person who filed for adoption will be considered as the legal
adopter. [See Obergefell case]
Question: Can an LGBT couple who is legally married under their national law adopt
in the Philippines?
Answer: No. It is against public policy. The family code (Art 1) defines marriage as
between a man and a woman.
Domestic Adoption:
Question: What is the type of parental authority exercised by the adopters during
supervised trial custody?
Answer: Temporary parental authority, based on Section 12. They possess the rights
of parents for a fixed period of time (at least 6 months).
Question: Can the temporary parents during trial custody inflict corporal
punishment?
Answer: Yes, they exercise the rights of the parents.
Question: Why is there a 16 year old age difference requirement?
Answer: The child and youth welfare code used a 15-year difference because it is

the median of the marrying age of females of 14 and 16 for males. Because of the
increase of the marrying age to 18, the 16-year age difference is a compromise.
Question: Are adopted children on the same level with legitimate children?
Answer: They exercise the same rights. However, reciprocal rights are only shared
by the adoptee and the adopter and does not extend to the relatives of each, unlike
legitimate children.

What are reciprocal rights?
Special Protection of Children Act
Question: Why is the penalty aggravated when under 12 years old under ra 7610
Answer: The age of sexual consent is 12 years old
Rule on Guardianship of Minors
Question: Why is this not a summary proceeding?
Answer: According to the rules, the court needs to take into account a lot of
evidence to prove the credentials of the guardian. Example: Testimony of a witness
Question: Can someone assail the validity of the guardian?
Answer: Yes it can be contested. It is usually the biological parent who assails the
credentials of the guardian.
3 types of Guardians
Guardianship over person, Guardianship over property and Guardianship over
person and property

Solo Parents Act

Question: What happens if the office/agency provides for parental leave? Can such
parental leave be availed aside from the parental leave mandated by the Solo
Parents Act? What if government agency? What if private agency?
Answer:
Foster Care Act:
Question: Dont you think it would be more detrimental or traumatic to the child
under the Foster Care System since they might not get the chance to be adopted by
their Foster Parent even if they have already formed a relationship with the Foster
Parent? So isnt Institutional Care better in this case?
Answer: No, Foster Care system would still be a better option because in that way,
the children would have a familial atmosphere and a mother and father who would
look after them compared to an institutional care (such as orphanages) that even
though they build a familial atmosphere within their place, it still wouldnt compare
to having a mother and father plus there would be a lot of kids who they would have
to look after
2nd Question: What are the liabilities of the foster parents for the injuries or
damages caused by their foster children?
Answer: Since they have substitute parental authority, they are liable for the acts or

omissions caused by the kids living under their company and under their parental
authority
Question: Are foster parents allowed to inflict corporal punishment.
Answer: No, they only exercise special parental authority in terms of inflicting
corporal punishment.
Reproductive Health Act
Question:
1. 1.
Example: if a mother wanted to have a ligation, and the husband does
not agree, whose decision should prevail?
2. 2.
what is the wisdom behind the law where it initially said that the
mothers decision should prevail? (it was soon overruled, saying that both the
mother and the father should make decisions together)
3. 3.
Do you agree with the SC ruling in Imbong V. Ochoa? (maam asked
more of opinions)
Answer:
Why mothers decision should prevail - she is the one most affected because it
would involve her body and her health and welfare
Why both mother and father should make decisions - the maintenance of the family
is the joint responsibility of both the husband and wife