Domestic adoption in the Philippines

RULE ON ADOPTION

A. DOMESTIC ADOPTION

Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children.

Section 2. Objectives. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this end, the State shall:

(i) ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding and security for the full and harmonious development of his personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.

(ii) safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their child;

(iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity to handle adoption inquiries, process domestic adoption applications and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling;

(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only when this is not available shall inter-country adoption be considered as a last resort; and

(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their adopted child.

Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as “legally available for adoption” and his custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child.

Section 3. Definition of Terms. – For purposes of this Rule:

(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition for adoption.

(b) “A child legally available for adoption” refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his biological parents, or in case of rescission of adoption, his guardian or adopter(s).

(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.

(d) “Involuntarily committed child” is one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to discharge parental responsibilities.

(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a “foundling.”

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Ejectment Cases:Forcible Entry or Unlawful Detainer

RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER

Section 1. Who may institute proceedings, and when.Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs.

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Part I:Frequently Asked Questions on Annulment Law

Do you want to annul/nullify  your marriage?

 

In order to guide you in the whole process of annulment or nullity of marriage, please read the following:

 

Is petition for declaration of Nullity Marriage the same as Petition for Annulment of Marriage?

 

No. The grounds for Petition for Declaration of Nullity of Marriage are that of Articles 35, 36, 37, 38, 41, 53 of the Family Code of the Philippines while the grounds for Petition for Annulment of Marriage are that of Article 45 correlated with Article 46 of the Family Code of the Philippines.

The lawyer will study your case based on the statement of facts disclosed upon him/her. Tell the truth and trust your lawyer. It will be the job of your lawyer to defend you and it is his/her job to arrange information revealed upon him/her and decide which information to state in your petition and which one to omit if the same is not necessary.

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Annulment Process

A. Drafting and filing in court of the petition.
It can be filed, at the choice of the petitioner, in the Court, which has territorial jurisdiction over the petitioner’s or the respondent’s residence, six months before to the date of filing. If the respondent is a non-resident, the petition can be filed in the place where can he be found.
B. Issuance of Summons.
In other words, this is the service of summon to the respondent. It is the process on which the court can be able to obtain jurisdiction over the respondent. In case the respondent cannot be found at the stated address and cannot be verified by diligent inquiry, summons may be done by publication. This is really important considering that the court may not legally proceed and render a valid decision in the absence of a valid service of summons.
C. Answer of the Respondent.
15 days from service of summons or within 30 days from the last issue of publication in case of service of summons by publication, the Respondent has the right to file an answer. In case an answer is not filed by the respondent he shall not be declared in default, but the government prosecutor is obliged to investigate if there is collusion between the parties.

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