Case Summary (G.R. No. L-30576)
Facts of the Case
In May 1967, the petitioners were given a three-day-old infant, later baptized as Colin Berry Christensen Duncan, by Attorney Corazon de Leon Velasquez. The infant was entrusted to Attorney Velasquez by an unwed mother who sought anonymity for personal reasons. Petitioners, having previously adopted another child, filed a petition for adoption in September 1967.
Legal Reasoning for Dismissal
The trial court dismissed the adoption petition on the grounds that the consent from the biological mother was not properly obtained. Judge Mariano emphasized that under Article 340 of the Civil Code, the consent of the "parents, guardian or person in charge" of the adopted child is obligatory, and since the identity of the natural mother was known, her consent was necessary.
Issues Raised by Petitioners
The petitioners challenged the trial court's interpretation of the consent requirement. They presented several arguments, including the claim that the privilege of communication between Attorney Velasquez and the biological mother limited her obligation to reveal the mother's identity and give consent. They also contended that the lack of maintenance and support provided by the mother indicated that she had abandoned her child.
Court’s Analysis of Abandonment
The Court found that the biological mother had completely abandoned her child, as evidenced by her failure to inquire about the child's well-being or support after relinquishing custody. Therefore, the requirement for the mother's consent was rendered moot. The Court referenced previous decisions that defined abandonment as any parental conduct indicating a settled intention to forgo parental claims.
Recognizing the Role of Attorney Velasquez
The Court acknowledged Attorney Velasquez as the de facto guardian of the child, asserting that she fulfilled the role of protecting and caring for the abandoned infant. Since the mother did not present herself or provide mutual care, the Court held that Velasquez acted within her capacity to consent to the adoption.
Humane Considerations in Adoption Law
The Court emphasized the need for a more compassionate interpretation of adoption laws, arguing th
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Case Background
- Petitioners, Robin Francis Radley Duncan (a British national) and Maria Lucy Christensen (an American citizen), are married and residents of the Philippines.
- They have no biological children but have previously adopted a child.
- The couple filed a petition for the adoption of a newborn, Colin Berry Christensen Duncan, previously entrusted to them by Atty. Corazon de Leon Velasquez, who acted as the child's guardian.
- The petition was recorded as Special Proceedings No. 5457 in the Court of First Instance of Rizal.
Decision of the Court
- On June 27, 1968, the Court of First Instance dismissed the adoption petition.
- The court's primary reason for dismissal was the improper consent provided for the adoption, as per Article 340 of the Civil Code.
Legal Basis for Dismissal
- The court highlighted that Article 340 mandates written consent from the "parents, guardian or person in charge of the person to be adopted."
- Atty. Velasquez, while acting as loco parentis, was deemed not to have the necessary authority to consent without the natural mother’s consent, as she was known but not identified.
Arguments from Petitioners
- Petitioners raised several points of error with the trial court's decision:
- The privileged communication between attorney and client should not hinder the identification of the child's mother for consent.
- The natural mother, despite not providing support for the child, should not be c