REPUBLIC OF THE PHILIPPINES, vs. COURT OF APPEALS and ZENAIDA C. BOBILES.
- G.R. Number: G.R. No. 92326
- Promulgated: 1992-01-24
- Ponente: Regalado, J.
Doctrine
Jurisdiction is substantive and determined by the statute in force at the commencement of the action; a petition cannot be dismissed for noncompliance with a law not yet in force when filed.
In adoption proceedings the interests and welfare of the child are of primary and paramount consideration; the court's discretion to approve adoption must be exercised accordingly.
Adoption statutes are to be liberally construed to promote homes and parental care for needy children and to fulfill the humane objectives of the law.
Facts
Zenaida Corteza Bobiles filed a petition to adopt Jason Condat, then six years old, before the Regional Trial Court of Legaspi City as Special Proceeding No. 1386 on 2 February 1988; the child had lived with her family since he was four months old.
Branch 2 of the Regional Trial Court granted the adoption petition, declaring Jason freed from legal obligations to his natural parents and changing his surname to 'Bobiles.'
The Court of Appeals affirmed the RTC decision on 20 February 1990; the Republic petitioned this Court for review on certiorari challenging that affirmation.
The Department of Social Welfare and Development recommended approval and the trial court dispensed with trial custody because the child had been living with the adopting parents since infancy; the adopters' children gave sworn written consent.
Issues
Whether the trial court and the Court of Appeals correctly exercised jurisdiction and discretion in granting the petition for adoption filed on 2 February 1988.
Whether the decree of adoption promotes the best interests and welfare of the child, Jason Condat.
Ruling
The petition for review is DENIED; the Court found no reason to disturb the RTC and CA decisions granting the adoption and affirmed that jurisdiction is determined by the law in force when the action commenced.
The Court held that the adoption serves the child's best interests: there was parental consent, DSWD recommendation, dispensation of trial custody for valid reasons, and the child's longstanding residence with the adoptive family.
Keywords
G.R. No. 92326, petition for review on certiorari, petition to adopt, Presidential Decree No. 603, Child and Youth Welfare Code, Executive Order No. 209, Family Code, Article 185 Family Code, retroactive effect, vested right, Article 246 Family Code, jurisdiction of the court, substantive law, procedural statutes, remidial statutes, adoption, bobiles, child, zenaida, private