In re · G.R. 168992

Citation: G.R. No. 168992
Court: Supreme Court
Division: First Division
Ponente: Carpio, J.
Decided: May 21, 2009

Summary

This Supreme Court case involved Monina P. Lim's petition to adopt two children she and her deceased first husband had raised after simulating their births. After remarrying an American citizen, she filed individual adoption petitions under RA 8552's amnesty provision. The Regional Trial Court dismissed the petitions, requiring joint adoption with her current husband. The Supreme Court affirmed, ruling that Section 7 of RA 8552 mandatorily requires joint adoption by married couples, with only three specific exceptions none of which applied. The Court emphasized that adoption creates comprehensive parent-child relationships extending beyond parental authority to include legitimacy and succession rights, necessitating joint filing by spouses. The decision reinforced strict statutory compliance in adoption proceedings despite the law's humanitarian purposes.

Statutes applied

Family Code, Art. 195

Related cases

Other Philippine cases on the same provisions and issues.

Eleazar R. Robiso v. Hon. Marie Grace Javier Ibay G.R. No. 241893
Nena Bagcat‑Gullas v. Joselito F. Gullas G.R. No. 264146
Diwata Ramos Landingin v. Republic G.R. No. 164948
In re G.R. No. 148311
Republic v. Court of Appeals (Maximo Wong) G.R. No. 97906
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Adoption in the Philippines (RA 11642)

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