Title
IN RE: Bulayo
Case
G.R. No. 205752
Decision Date
Oct 1, 2019
Spouses Kimura, a Filipino-Japanese couple, sought to adopt Mary Jane’s illegitimate child. SC ruled illegitimate children are included under RA 8552, granting adoption and name change.
adoption
illegitimate child
legitimate son
A

Case Summary (G.R. No. 205752)

Petitioners’ Relief Sought

The petitioners sought a judicial decree declaring Jan Aurel to be their legitimate child, to free him from legal obligations to his biological father, and to change his surname from “Maghanoy Bulayo” to “Kimura.”

Factual Background Relevant to Parentage and Custody

Mary Jane gave birth to Jan Aurel while unmarried to the biological father, Jun Baldoza; the child is therefore illegitimate. Mary Jane’s last communication with the biological father occurred during her pregnancy, and his whereabouts thereafter were unknown. The adoption petition was filed on March 15, 2009.

Procedural History and Trial Evidence

At trial petitioners submitted a DSWD Minor’s Case Study and Home Study Report recommending approval and documentary proof of their qualifications to adopt (marriage contract, Japanese permanent registration for Yuichiro, medical and neuro-psychological certificates, adoption orientation certificates, clearances and employment/income documentation). The RTC denied the petition on February 14, 2012, holding that the exception to residency and certification requirements for aliens under Section 7(b) of R.A. No. 8552 did not apply because the adoptee was the illegitimate child of the Filipino spouse. The RTC’s denial and the subsequent denial of reconsideration were the subject of the present appeal.

Applicable Law and Legal Instruments Considered

Primary statutory provision: Section 7(b) of Republic Act No. 8552 (Domestic Adoption Act of 1998), specifically subsections (i)–(iii) addressing exemptions for certain aliens who seek to adopt relatives. Supporting legal materials cited by the Court included Civil Code provisions on degrees of relationship (Articles 963–966), Rule 129 (Sections 1–2) of the Rules of Court concerning judicial notice, legislative history of Senate Bill No. 1523 and its amendments, Administrative Matter No. 02-6-02-SC (adoption guidelines), and international practice (Vienna Convention on Diplomatic Relations) insofar as it evidences diplomatic relations.

Issues Presented to the Court

  1. Whether an illegitimate child is within the fourth degree of consanguinity or affinity for purposes of Section 7(b)(i) and (iii) of R.A. No. 8552; 2) Whether an illegitimate child is contemplated in Section 7(b)(ii) of R.A. No. 8552; and 3) Whether the existence of diplomatic relations between the Philippines and Japan is a matter of judicial notice.

RTC’s Ground for Denial

The RTC concluded that Yuichiro did not satisfy the residency and certification requirements of Section 7 because the statutory exceptions (waiving residency and certification) did not apply where the adoptee was the illegitimate child of the Filipino spouse. The court thus required Yuichiro to comply with the ordinary prerequisites for foreign adopters.

Supreme Court’s Analysis — Scope of “Relative” and Consanguinity

The Court concluded that Section 7(b)(i) and (iii) should be interpreted to include illegitimate children. It reasoned that (1) the term “relative” in ordinary and legal usage denotes connection by blood (consanguinity) or affinity and that the Civil Code’s method of computing degrees (Articles 963–966) counts children as first-degree relatives without status-based qualification; (2) Article 966 uses the word “child” in general terms, reflecting reference to blood relation rather than legitimacy status; (3) jurisprudence recognizes that the maternal line to an illegitimate child is certain, so an illegitimate child is within the first civil degree of consanguinity to the biological mother; and (4) where the statute does not expressly distinguish between legitimate and illegitimate relatives, the interpreter should not impose such a distinction (ubi lex non distinguit, nec nos distinguere debemus).

Legislative History and Statutory Construction Employed

The Court examined the legislative debates on Senate Bill No. 1523 (now R.A. No. 8552). The record shows that the original bill’s language was expanded during interpellations and amendments to include “or affinity within the fourth civil degree,” reflecting an intent to cover relatives by consanguinity and affinity within four degrees. The Court observed that Congress expressly used the adjective “legitimate” in Section 7(b)(ii) when it intended to limit coverage to legitimate children; by contrast, subsections (i) and (iii) employ unqualified language referring to relatives within the fourth civil degree. This contrast in wording supports the construction that subsections (i) and (iii) encompass both legitimate and illegitimate relatives within the prescribed degrees.

Policy Considerations Underlying the Interpretation

The Court emphasized the statutory purpose stated in Section 2 of R.A. No. 8552—to ensure children remain under parental care and receive nurturing and security—and avoided an anomalous result where an alien spouse could more readily adopt a more remote relative (e.g., a niece, nephew, or cousin) of the Filipino spouse than the Filipino spouse’s own biological (though illegitimate) child. The Office of the Solicitor General joined the petitioners’ position, reinforcing the interpretation on both statutory and policy grounds.

Judicial Notice of Diplomatic Relations Between the Philippines and Japan

On the question of diplomatic relations, the Court held that the existence of diplomatic relations between the Philippines and Japan is proper subject matter for judicial notice. Rule 129, Sections 1 and 2 of the Rules of Court

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