G.R. No. 164948,27 June 2006

FACTS:

Diwata Ramos Landingin, a citizen of the United States of America (USA), of Filipino parentage and a resident of Guam, USA, filed a petition for the adoption of minors Elaine Dizon Ramos, Elma Dizon Ramos and Eugene Dizon Ramos who was born on. The minors are the natural children of Manuel Ramos, petitioner’s brother (deceased), and Amelia Ramos- who went to Italy, re-married there and now has two children by her second marriage and no longer communicated with her children.

ISSUE:

Whether or not the petition for adoption is invalid for lack of consent of the biological mother?

RULING:

No. The general requirement of consent and notice to the natural parents is intended to protect the natural parental relationship from unwarranted interference by interlopers, and to insure the opportunity to safeguard the best interests of the child in the manner of the proposed adoption. When she filed her petition with the trial court, Rep. Act No. 8552 was already in effect. Section 9 thereof provides that if the written consent of the biological parents cannot be obtained, the written consent of the legal guardian of the minors will suffice. If, as claimed by petitioner, that the biological mother of the minors had indeed abandoned them, she should, thus have adduced the written consent of their legal guardian.

* Case digest by Mary Jade L. Capin, LLB-1, Andres Bonifacio Law School, SY 2017-2018