By Atty Eduardo T. Reyes III
If we seek harmony in music to soothe the listening ear, the law on adoption requires children of the adopter to give consent to the adoption for the sake of family harmony, too.
In Nena Bagcat-Gullas v. Joselito F. Gullas, Joie Marie F. Gullas Yu, and John Vincent F. Gullas, G.R. No. 264146, which came down on August 7, 2023, but was posted on the Supreme Court website only on December 28, 2023, it was concluded that children of the adopter who are at least 10 years of age at the time of the filing of the petition, must be served with summons for the same to prosper.
It begs the question: Why is personal service of summons required to children of the adopter?
The Supreme Court in Nena Bagcat-Gullas explained:
“The respondents’ interest is material as an adoption decree not only affects the rights of the adoptee vis-a-vis the adopter, but also the rights of the other children of the adopter, Jose in this case. Further, it is not enough to rely on constructive notice. The respondents, as children of Jose, should have been personally served summons by the trial court. Without impleading the respondents, and absent service of summons upon them, the judgment rendered by the RTC is void. Xxx”
Adoption is now an administrative proceeding.
The Nena Bagcat-Gullas case further reminded that adoption is now an administrative proceeding. Thus:
“On this note, the Court would like to recognize the passage of R.A. No. 11642 which aims to provide a more efficient and expeditious process for adoption proceedings. One of the law’s salient features is the creation of the National Authority for Child Care (NACC), which shall have the original and exclusive jurisdiction over all matters pertaining to alternative child care. With the creation of the NACC, domestic adoption proceedings have become a purely administrative process. Another significant feature of R.A. No. 11642 is that parties in pending domestic adoption proceedings are allowed to withdraw the same and avail of the benefits provided by law.”
For pending cases for adoption, RA 11642 allows the petitioners to transfer the petition to the NACC. But for petitions for adoption yet to be filed at the time of passage of RA 11642 which is dated January 06, 2022, the same must be filed with the NACC.
RA 11642 also ensures that a child will not be given up for adoption unless stringent requirements are complied. The status of the child is required to be declared as one who is “legally available for adoption except in cases of relative or step-parent adoption where such declaration is not required.”
The legal fiction of filiation that an adoption decree creates is one of profound meaning. Once a child is legally adopted, they become entitled to the same share in the inheritance from the adopter as all legitimate children (Art. 979, New Civil Code).
Adoption and family harmony are therefore topics that intertwine.
As the new year beckons, we take our cue from the law on adoption that always seeks to harmonize relationships within the family.
We truly become better members of the community when we go out there bearing strong family values that we can share.
(The author is the senior partner of ET Reyes III & Associates– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. His website is etriiilaw.com).
