10/04/2026
𝐒𝐂: 𝐃𝐒𝐖𝐃 𝐂𝐞𝐫𝐭𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐝 𝐢𝐧 𝐀𝐥𝐥 𝐀𝐝𝐨𝐩𝐭𝐢𝐨𝐧 𝐂𝐚𝐬𝐞𝐬 𝐈𝐧𝐯𝐨𝐥𝐯𝐢𝐧𝐠 𝐒𝐮𝐫𝐫𝐞𝐧𝐝𝐞𝐫𝐞𝐝 𝐂𝐡𝐢𝐥𝐝𝐫𝐞𝐧
The Supreme Court (SC) has ruled that a child must first be declared legally available for adoption by the Department of Social Welfare and Development (DSWD)—even if the child was voluntarily surrendered by the mother.
In a Decision written by Associate Justice Japar B. Dimaampao, the SC upheld the dismissal of an adoption petition due to the absence of the required DSWD certification.
The case involved a mother who, shortly after giving birth, entrusted her child to Eleazar Robiso and his family because she could not provide financial support. A year later, Robiso filed for adoption, submitting the mother’s written consent. However, both the Regional Trial Court and the Court of Appeals denied the petition for lack of a DSWD certification.
The SC affirmed this ruling, emphasizing that under RA 9523, a DSWD certification is mandatory for children who are surrendered, abandoned, neglected, or voluntarily committed.
The Court clarified that:
• A child entrusted by a parent to another person is considered voluntarily committed
• This makes the child legally subject to the certification requirement before adoption
• The rule ensures that proper safeguards are in place to protect the child’s welfare
The SC also explained that this requirement does not apply in certain cases, such as adoption by a biological parent, step-parent, or relatives within the fourth degree.
While the petition was dismissed, the Court noted that Robiso may still pursue adoption through proper legal channels, including the administrative adoption process under RA 11642.
The SC stressed that while the intention to provide a loving home is commendable, strict compliance with adoption laws is essential to protect children from potential abuse or exploitation.
Sources:
https://sc.judiciary.gov.ph/sc-issues-guidelines-on-proper-prosecution-of-lascivious-conduct-cases-under-the-child-abuse-law-and-revised-penal-code/
