Cases and Questions

Peter, an American Citizen, married

Edna, a former Filipino citizen
who has an illegitimate child
named named Frances. Frances is
staying with Ednas mother in the
Philippines. Ednas mother wanted
to adopt Frances and bring her to
the United States.
 Must Edna and Peter jointly adopt or
may Edna alone adopt Frances?

Edna alone may Adopt Frances, provided

Peter has given his consent thereto.

Edna and Peter may also jointly adopt

Frances.
Are the requirements on
residency and certificates
and certification applicable
to the petition for adoption
of Frances?
 The residency and certification
requirements are not applicable to
Edna who is a former Filipino citizen.

However, if Peter and Edna choose

to jointly adopt Frances the
requirements of residency and
certification apply to Peter since
Edna is not a Filipino but only a
Former Filipino.
 Jay and American citizen, married Pia, a
Filipino citizen who has an
illegitimate child named JayPi. JayPi is
staying with Ednas mother in the
Philippines. Edna wants to adopt Frances
and bring her to the United States.
Must Pia and Jay jointly adopt or
may Pia alone adopt JayPi?

Pia alone may adopt JayPi

provided Jay has given his
consent thereto. Pia and Jay may
also jointly adopt JayPi.
Are the requirements on residency and
certification appilicable to the petition for
adoption of JayPi?

The residency and certifications requirements

are not applicable to Pia who is a Filipino
citizen.
They also do not apply Jay if he chooses to
adopt jointly with Pia. This is because
adopting jointly with his Filipino spouse
and the latters relative within the 4 th
degree of consanguinity.
 Chris, an American citizen, married
Edna, a former Filipino citizen
who has a niece named Ella. Ella
is staying with Ednas mother in the
Philippines. Edna wants to adopt Ella
and bring her in the US.
 Must Edna and Bradley jointly
adopt or may Edna alone adopt
Ella?

Edna and Bradley may jointly adopt.

This is because Ella is not a child of
Edna but only a niece. The exceptions
from joint adoption apply only in case
of adoption of a child or in cases legal
separation.
 Are the requirements in residency
and certifications applicable to
the petition for adoption of Ella?

The requirements on residency and

certification do not apply to Edna a
former Filipino who seeks to adopt a
relative within the 4th degree. They
however apply to Peter since he
is not married to a Filipino.
 Richard, an American citizen,
married Kim, a Filipino citizen who
has a nephew named David.
Both Richard and Kim are residents
of the United States. David is staying
with Kims mother in the Philippines.
Kim wants to adopt David and bring
him to the US. Kim asks you for advice
on whether she can file a petition for
adoption of David. What would be your
advice?
 I would advice that she can file a petition to
adopt David but both she and Richard must
adopt David.

This is not exempted from the rule

requiring joint adoption since the relative to
be adopted is neither Kims or Richards child.
Nonetheless Richard is exempted from
residency and certification requirement since
he is married to a Filipino and seeks to adopt
jointly with her a relative of Edna within the
4th degree.
 Brad, a wealthy bachelor, filed a
petition for adoption of Angel, a one
year old foundling who had a severe
heart ailment. During the pendency
of the adoption proceedings, Brad
died of natural causes. The offices of
the Solicitor General files a motion to
dismiss the petition on the ground
that the case can no longer proceed
of the petitioners death.
 Should the case be dismissed? Explain.

No. Under Sec. 16 of the ROA, a

decree of adoption shall take effect a
of the date the original petition was
filed even if the petitioner(s) die
before its issuance it will not result
in the dismissal of the case.
Will your answer be the same if it was
Angel who died during the pendency of
the adoption proceedings?

No. In such a case the motion to

dismiss should be granted. The death
of Angel extinguishes her legal
personality or juridical capacity; thus
she may no longer be adopted. (Art.
37, CC)