Case Digest (G.R. No. 105308)
Facts:
Petitioner HERBERT CANG contested the adoption petition filed on September 25, 1987 by respondents Spouses RONALD V. CLAVANO AND MARIA CLARA CLAVANO for the parties' three minor children; the Regional Trial Court of Cebu granted the adoption on March 27, 1990 and the Court of Appeals affirmed. Petitioner returned from the United States and opposed the adoption, alleging lack of his written consent and that he had not abandoned the children; the Supreme Court granted review.
Issues:
- May the written consent of a natural parent be dispensed with on the ground of *abandonment* in an adoption proceeding?
- Did Petitioner HERBERT CANG abandon his children so that his consent to their adoption was unnecessary?
Ruling:
The Court held that the written consent of a natural parent is required by P.D. No. 603 (as amended), Art. 188, Family Code, and Rule 99 of the Rules of Court, but may be dispensed with where the parent has abandoned the child or is insane or hopelessly intemperate. Applying the law to the facts, the Court found that Petitioner had not abandoned his children and therefore set aside the RTC and Court of Appeals decrees and denied the adoption.
Ratio:
The Court reasoned that abandonment requires a settled purpose to forego all parental duties and relinquish parental claims; physical absence alone is insufficient. The lower courts misappreciated evidence of continued communication, letters and remittances from Petitioner and unduly privileged prospective adopters' superior finances over established emotional ties. Given that the petition alleged abandonment but the factual record did not support it, dispensation of consent was improper and the adoption decree could not stand.
Doctrine:
- The written consent of the natural parents is indispensable to a valid adoption under P.D. No. 603, as amended, Art. 188, Family Code, and Rule 99, except where statutory grounds for dispensation exist.
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