Case Summary (G.R. No. 105308)
Factual Background
• Marriage of Herbert and Anna Marie in 1973; three children born.
• Legal separation in Cebu via compromise, with agreed monthly support and grant to Anna Marie of separate legal capacity.
• Herbert moved to the U.S., obtained a Nevada divorce and naturalized as an American, while remitting some support funds.
• Anna Marie and her relatives filed for adoption, alleging Herbert’s abandonment.
Lower Courts’ Findings
RTC of Cebu City (Branch 14) granted adoption, finding:
- Strong emotional ties between children and Clavanos.
- Clavanos’ superior financial capacity.
- Mother’s consent based on father’s forfeiture of rights.
- Children’s desire for adoption.
- Father morally unfit and effectively abandoned family.
Court of Appeals affirmed, holding that written consent of an abandoning parent is not required and concluding Herbert had abandoned his parental duties.
Supreme Court’s Analysis on Consent and Abandonment
• Written consent of both natural parents is an indispensable requirement under Articles 31 (P.D. 603) and 188 (Family Code).
• Consent may be dispensed with only if parent is insane, hopelessly intemperate, or has abandoned the child—issues that must be proven.
• Abandonment means a settled purpose to renounce all parental duties and claims, not merely physical absence.
• Philippi e courts misappreciated evidence: Herbert maintained emotional ties through correspondence, remittances, and affirmative steps to oppose adoption.
• Financial shortcomings alone do not constitute abandonment or unfitness.
Balancing Best Interests and Parental Rights
• Paramount consideration is the welfare of the child, which includes emotional, psychological, social, and spiritual needs.
• Parental authority is a constitutionally protected right and duty that may not be lightly extinguished.
• Domestic and international policies (Family Code, RA 8552, UN Convention) emphasize preserving family
Case Syllabus (G.R. No. 105308)
Facts
- Herbert Cang and Anna Marie Clavano were married on January 27, 1973, and had three children: Keith (b. July 3, 1973), Charmaine (b. January 23, 1977), and Joseph Anthony (b. January 3, 1981).
- Anna Marie discovered Herbert’s extramarital affair with Wilma Soco and filed for legal separation (Civil Case No. JD-707) in the Juvenile and Domestic Relations Court of Cebu, agreeing to live separately and to a P1,000 monthly support for the children.
- Herbert left for the United States, obtained a Nevada divorce decree granting Anna Marie sole custody and visitation rights to him, married and divorced again in the U.S., and became a naturalized U.S. citizen.
- Between 1985 and 1987, Herbert worked in California, earned P18,000–P20,000 monthly, sent remittances to the Philippines, and maintained bank accounts purportedly for his children’s benefit.
- On September 25, 1987, Ronald V. Clavano and Maria Clara Diago Clavano (Anna Marie’s brother and sister-in-law) filed a petition for the adoption of the three Cang minors before the Cebu Regional Trial Court, Branch 14; Keith (age 14) and Anna Marie gave written consent, but Herbert did not.
- Anna Marie alleged in her affidavit that Herbert had “long forfeited his parental rights” by agreeing to contracts without her consent, divorcing her, living illegally abroad, and evading support obligations.
- Herbert returned to the Philippines, opposed the adoption, sought custody in Branch 19 of the RTC Cebu City, and was temporarily awarded custody on January 11, 1988, when Anna Marie was found to have effectively relinquished care by traveling abroad.
Procedural History
- Regional Trial Court, Branch 14 (March 27, 1990) granted the Clavanos’ petition for adoption, dissolving natural parental authority and vesting it in the adopting spouses.
- Branch 19 RTC (January 11, 1988) had earlier ordered Clavanos to deliver custody to Herbert after finding Anna Marie had relinquished custody by leaving the country.
- Court of Appeals (G.R. CV No. 27108) affirmed the Branch 14 adoption decree, holding Herbert had abandoned his children and failed to perform support obligations.
- Herbert moved for reconsideration in both courts; both motions were denied.
- Herbert filed a petition for review on certiorari before the Supreme Court, challenging the absence of his written consent and the finding of abandonment.
Issue
- Whether minor children can be adopted without the written consent of their natural father on the ground that he has abandoned them, and whether Herbert Cang in fact abandoned his children such that his consent was legally dispensable.
Ruling of the Regional Trial Court (Branch 14)
- Granted the adoption petition of Ronald and Maria Clara Clavano.
- Based decision on:
- Close filial ties between the children and the Clavano family.
- The Clavanos’ substantial financial capacity and stable businesses.
- Anna Marie’s consent, given her heart ailment, t