i. Family Courts (RA 8369)

Procedure [A.M. 02-6-02-SC]

A certification that the child is legally available for adoption must be procured as a prerequisite for adoption proceedings [R.A. 8552/R.A. 8043 as amended by R.A. 9523]

Verified petition filed with the Family Court of the province or city where the prospective adoptive parent(s) reside [Sec. 6]

If adopter is a Filipino, the petition shall allege:

• Jurisdictional facts
• That the petitioner
• is of legal age
• in possession of full civil capacity and legal rights
• of good moral character
• emotionally and psychologically capable of caring for children
• at least 16 years older than the adoptee (except when adopter is the biological parent of the adoptee or is the spouse of the adoptee’s Page 310 of 525 parent), and
• who is in a position to support and care for his/her children in keeping with the means of the family

If adopter is an alien, the petition shall allege:

• Jurisdictional facts;
• sub-paragraph (b) above;
• That his country has diplomatic relations with the Republic of the Philippines;
• That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and
• That he has been living in the Philippines for at least 3 continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:

• is a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity; or
• seeks to adopt the legitimate child of his Filipino spouse; or
• is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse

If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities

If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

• one spouse seeks to adopt the legitimate child of the other, or
• one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or
• the spouses are legally separated from each other [Sec. 7; Sec. 7, Sec. 9, R.A. 8552]

Jurisdiction of Family Courts

R.A. No. 8369 establishing the Family Court granting it exclusive jurisdiction over child and family cases names: criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age or where one or more of the victims is a minor at the time of the commission of the offense, provided that if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. (The sentence shall be suspended without need of an application pursuant to the “Child and Youth Welfare Code”). The jurisdiction depends on the parties not the penalty.(P.D. 603; See R.A. No. 10630)

If the minor involved in the case, either as the victim or the child-in-conflict-with-law (accused), is already dead, the regular courts will have jurisdiction over the case. (People v. Yadao, G.R. No. 162144-54, 2012).

Where to file the petition.

Family Court of the province or city where minor actually resides. (Sec. 3).

Confidentiality of the proceedings

The hearings on custody of minors may, at the discretion of the court, be closed to the public and the records of the case shall not be released to nonparties without its approval (Sec. 21, A.M. NO. 03- 04-04-SC).