- Petitioner
- Eleazar R. Robiso
- Respondent
- Hon. Marie Grace Javier Ibay
- Citation
- G.R. No. 241893
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Dimaampao, J.
- Decided
- November 3, 2025
Summary
Eleazar Robiso sought to adopt Ava Marie Relox, whose biological mother had voluntarily entrusted her to his care. The RTC dismissed the adoption petition because it lacked a DSWD certification declaring the child legally available for adoption, classifying the child as a 'surrendered child' under RA 9523. Eleazar challenged this via certiorari in the CA, which dismissed the petition for being the wrong remedy. The Supreme Court affirmed the lower courts' decisions. The Court clarified that adoption is an action in rem and that under RA 9523 and PD 603, a child voluntarily committed to an individual is legally considered a surrendered child. Consequently, the DSWD certification is a mandatory prerequisite to ensure the child's welfare and prevent exploitation. The Court emphasized that while the petitioner's intent was noble, strict compliance with adoption safeguards is essential for the protection of the minor.
Intellegal Wiki · Key Holding
Affirmed the dismissal; adoption is an action in rem, and under RA 9523 and PD 603 a child entrusted to an individual is 'surrendered,' making a DSWD certification of availability for adoption mandatory.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.