Case Digest (G.R. No. 105308) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Herbert Cang vs. Court of Appeals and Spouses Ronald V. Clavano and Maria Clara Clavano (G.R. No. 105308, September 25, 1998), petitioner Herbert Cang and his then wife Anna Marie Clavano had three children—Keith (b. July 3, 1973), Charmaine (b. January 23, 1977), and Joseph Anthony (b. January 3, 1981). After Anna Marie discovered Herbert’s alleged affair, she filed for legal separation in Civil Case No. JD-707 before the Juvenile and Domestic Relations Court of Cebu, where they agreed on separation terms, custody, and support. Herbert left for the United States, secured a Nevada divorce granting Anna Marie sole custody with visitation rights to him, and naturalized as an American. In 1987, Ronald and Maria Clara Clavano (Anna Marie’s brother and sister-in-law) petitioned before the Regional Trial Court (RTC) of Cebu for adoption of the three minors, attaching Anna Marie’s and Keith’s consents but not Herbert’s. Herbert returned to the Philippines, opposed the adoption, and Case Digest (G.R. No. 105308) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Marriage
- Herbert Cang (petitioner) and Anna Marie Clavano married on January 27, 1973; they had three children: Keith (b. July 3, 1973), Charmaine (b. January 23, 1977) and Joseph Anthony (b. January 3, 1981).
- Anna Marie is sister of Ronald V. Clavano (private respondent) and sister-in-law of Maria Clara Diago Clavano (private respondent).
- Legal Separation, Divorce and Custody
- Anna Marie discovered Herbert’s alleged affair, filed for legal separation with alimony pendente lite in Cebu JDR Court (Civil Case No. JD-707), where spouses agreed to live separately and Anna Marie gained authority to contract without Herbert’s consent; support of ₱1,000 monthly was ordered.
- Herbert left for the United States, obtained a Nevada divorce (custody to Anna Marie, visitation rights reserved), worked and sent support and bank deposits for the children.
- Adoption Proceedings and Lower-Court Decisions
- On September 25, 1987, Ronald and Maria Clara Clavano filed for adoption of the three Cang minors in RTC Cebu City (Special Proceedings No. 1744-CEB), attaching Anna Marie’s affidavit of consent (citing Herbert’s abandonment) and Keith’s written consent (age 14).
- Herbert returned, opposed the adoption for want of his written consent and moved to reacquire custody; Branch 19 awarded custody to Herbert, but Branch 14 later granted the Clavanos’ petition, concluding Herbert was morally unfit, in arrears on support, divorced, naturalized U.S. citizen and had abandoned his children.
- Court of Appeals Affirmation
- The CA held that under P.D. 603 (as amended) and the Family Code, a parent who abandons a child need not consent to adoption.
- It found Herbert in default of support obligations, his accounts operable only by him, and therefore abandoned the children, dispensing with his consent and affirming the RTC’s adoption decree.
Issues:
- Whether the adoption decree is valid despite the absence of the natural father’s written consent under P.D. 603, E.O. 91 and the Family Code.
- Whether Herbert Cang abandoned his children so as to dispense with his consent to their adoption.
- Whether the lower courts’ factual finding of abandonment is supported by evidence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)