05/01/2024
SC Reiterates Consent of Adopter’s Children Required in Petitions for Adoption |
The consent of the adopter’s legitimate children, who are at least 10 years old, is required for a petition for adoption to prosper.
Thus reiterated the Supreme Court’s Third Division, in a Decision penned by Associate Justice Maria Filomena D. Singh, as it denied the petition for review on certiorari filed by Nena Bagcat-Gullas (Bagcat-Gullas). The petition challenged the rulings of the Court of Appeals (CA) affirming the decision of the Regional Trial Court (RTC) setting aside the adoption decree previously granted in favor of Bagcat-Gullas.
In dismissing the present petition, the Court emphasized that Section 9(c) of Republic Act No. (RA) 8552, or the Domestic Adoption Act of 1998, is clear that the written consent of the adopter’s legitimate children aged at least 10 years old is required for the adoption to be valid.
Reiterating its 2014 ruling in Castro v. Gregorio, the Court held that the “consent of the adopter’s other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent’s love and care, as well as their future legitimes, with another person.”
Further, the Court stressed that personal service of summons on the legitimate children is needed to ensure that their substantive rights are protected. Constructive notice does not suffice.
In the present case, the Court found that as the respondents were all over 10 years old at the time of the adoption proceedings, their written consent was necessary.
As legitimate children of one of the adopters, Jose, respondents are thus indispensable parties to the petition.
Since the respondents were not impleaded, and absent the service of summons upon them, the judgment previously rendered by the RTC granting the adoption is void, ruled the Court.
“The absence of an indispensable party renders all subsequent actions of the court null and void, as such, the court has no authority to act not only as to the absent party but also as to those present,” said the Court.
Read more at https://sc.judiciary.gov.ph/sc-reiterates-consent-of-adopters-children-required-in-petitions-for-adoption/. Read G.R. No. 264146 (Bagcat-Gullas v. Gullas, et al., August 7, 2023) in full at https://sc.judiciary.gov.ph/264146-nena-bagcat-gullas-vs-joselito-f-gullas-joie-marie-f-gullas-yu-and-john-vincent-f-gullas/.
