Successional Rights Of The Adopted Child m556v

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Legal Research

Kristian Erving L. Caumeran Goldy Luck Dacal Amie Roxylen T. de Luna Alfredo Mayol III Atty Janet B. Uy Professor

Table of Contents INTRODUCTION ............................................................................................................................................ 1 SCOPE ............................................................................................................................................................ 2 I. ADOPTION IN GENERAL ............................................................................................................................ 2 A. Definition of ...................................................................................................................... 2 B. Laws on Adoption and its Governing Rules ................................................................................. 4 C. Brief Background of the Adoption Law and its Origins ................................................................ 4 II. CONCEPT OF ADOPTION .......................................................................................................................... 6 A. Adoption, defined ........................................................................................................................ 6 B. Adoption as a Statutory Creation ................................................................................................ 6 C. Nature of Adoption Proceedings ................................................................................................. 7 D. Philosophy behind Adoption ....................................................................................................... 7 III. SUCCESSIONAL RIGHTS OF AN ADOPTED CHILD .................................................................................... 8 A. Status of an Adopted Child .......................................................................................................... 8 B. Rights to Inherit of an Adopted Child .......................................................................................... 8 C. Right of Representation of an Adopted Child .............................................................................. 9 D. Table on the Rule on Legitime of an Adopted Child .................................................................. 10 IV. FORMATION OR SEVERANCE OF RELATIONSHIP MADE BY THE ENACTMENT OF RA 8552 AS AGAINST PRIOR ADOPTION LAWS ..................................................................................................................................................... 10 A. Relationship between an Adopted Child and the Adopting Parents ....................................................................................................................... 10 B. Relationship between an Adopted Child and the Adopter’s Ascendants, Descendants, and Collaterals ............................................................. 11 C. Relationship between an Adopted Child and his

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Biological Parents ....................................................................................................................... 11 D. Relationship between an Adopted Child and his Blood Relatives .......................................................................................................................... 11 V. SCRUTINIZING THE CONSTRUCTION AND EFFECTS MADE BY THE DOMESTIC ADOPTON LAW ........................................................................................................... 12 A. Adopted Child as an Intestate Heir of the Estate of the Adoptive Parents and Adopter’s Blood Relatives ............................................................... 12 B. Adopted child as an Intestate Heir of the Estate of Biological Parents and Blood Relatives ..................................................................................... 13 C. Adoptive Parent as an Intestate Heir of the Estate of the Child ................................................................................................................................. 14 D. Adopter’s Blood Relatives as Intestate Heirs to the Estate of the Adoptive Child ............................................................................................... 15 E. Biological and Blood Relatives as Intestate Heirs to the Estate of the Adoptive Child ............................................................................................... 15 VI. CONCLUSION AND RECOMMENDATION .............................................................................................. 16 BIBLIOGRAPHY............................................................................................................................................ 17

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INTRODUCTION The Civil Code provides that in case of the death of an adopted child, leaving

no

children

or

descendants,

his

parents

and

relatives

by

consanguinity and not by adoption, shall be his legal heirs.1 Further, it states that adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.2 Definitely the Civil Code is clear as to the rights of an adopted child to succeed from his adopting parents; so as with the latter from the former. However by the enactment of the Domestic Adoption Law3 which provides that the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation, a gray area surfaced regarding the right of an adopted child to succeed. This raised the following legal questions: Does the adopted child have the right to succeed from his biological parents or relatives by compulsory or intestate succession? May an adopted child inherit from both his adopting and biological parents?

The preceding queries should not be left in limbo but must be addressed.

1 2

NEW CIVIL CODE, ART. 984 NEW CIVIL CODE, Article 979 3 Rep. Act No. 8552 (1998)

1

SCOPE This legal research aims to provide a thorough study of the applicable laws apropos the right of an adopted child to succeed from his adopting parents alongside with his right to inherit from his biological parents and relatives. This study will address the obscurity and insufficiency of the law to answer the abovementioned proposed questions.

I ADOPTION IN GENERAL A.

Definition of (a) "Child" is a person below eighteen (18) years of age. (b) "A child legally available for adoption" refers to a child

who

has

been

voluntarily

or

involuntarily

committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. (c)

"Voluntarily

parent(s)

committed

knowingly

and

child"

is

willingly

one

whose

relinquishes

parental authority to the Department. (d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been permanently 2

and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect;

abuse;

or

incompetence

to

discharge

parental responsibilities. (e) "Abandoned child" refers to one who has no proper

parental

care

or

guardianship

or

whose

parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such. (f) "Supervised trial custody" is a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship. (g) "Department" refers to the Department of Social Welfare and Development. (h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study. (i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services for

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abandoned,

orphaned,

neglected,

or

voluntarily

committed children. (j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status.4 B. Laws on Adoption and its Governing Rules The following are the legal sources of the Successional Rights of an Adopted Child: 1. Old Civil Code of the Philippines 2. New Civil Code of the Philippines 3. The Child and Youth Welfare Code (P.D. 603) 4. Family Code of the Philippines 5. Domestic Adoption Act of 1998 (R.A. 8552) C. Brief Background of the Adoption Law and its Origins In ancient times, the Romans undertook adoption to assure male heirs in the family. The continuity of the adopter’s family was the primary purpose of adoption and all matters relating to it basically focused on the rights of the adopter. There was hardly any mention about the rights of the adopted. Countries, like Greece, , Spain and England, in an effort to preserve inheritance within the family, neither allowed nor recognized adoption. It

4

Rep. Act No. 8552 (1998), Section 3

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was only much later when adoption was given an impetus in law and still later when the welfare of the child became a paramount concern. Spain itself which previously disfavored adoption ultimately relented and accepted the Roman law concept of adoption which, subsequently, was to find its way to the archipelago. The Americans came and introduced their own ideas on adoption which, unlike most countries in Europe, made the interests of the child an overriding consideration. In the early part of the century just ed, the rights of the children invited universal attention. In the Philippines, the Old Civil Code had provisions for adoption from Articles 173-180. Some of these were carried over to the New Civil Code with amendments. These were founded on Articles 334-348. On June 10, 1975, The Child and Youth Welfare Code (P.D. No. 603) became effective, expressly repealing Articles 334-348 of the New Civil Code. Subsequently, P.D. No. 603 was amended by P.D. No. 1179 effective on August 15, 1977. Again, P.D. 63 was amended on December 17, 1986 by Executive Order No. 91 issued by President Corazon Aquino. On August 3, 1988, Title VII (Adoption) of the Family Code repealed Articles 17, 18, 19, 27, 28, 29, 30, 412 and 42 of P.D. 603 which are substantive articles. The unrepealed provisions of P.D. 603 some of which are procedural remain effective. These procedures might as well be incorporated into the Rules of Court. On June 7, 1995, the Inter-Country Adoption Law (Republic Act 8043) was approved and lately, on February 25, 1998, the Domestic Adoption Act

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of 1998 (Republic Act 8552) was also approved which substantially amended the provisions on adoption and the law on succession.5

II ADOPTION IN GENERAL A. Adoption, defined Adoption may be defined as the juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.6 It is defined as the process of making a child, whether related or not to the adopter, possess in general, the right accorded to a legitimate child. 7 B. Adoption as a Statutory Creation The right to create the relationship of parent and child between persons who are generally not related by nature exists only by virtue of a statue providing for adoption.8 It is not a natural law at all. Abut is wholly and entirely artificial. The fact of adoption is never presumed, but must be affirmatively proved by the person claiming its existence, such as by the decree of adoption issued by the court.9

5

6

Lahom v. Sibulo, 406 SCRA 135 (2003) 4 Valverde 473, quoted in Prasnick v. Republic of the Philippines, 98 Phil 665 7 Paras, Edgardo L., Civil Code of the Philippines Annotated, th Volume 1, 16 ed., 2008, p 691 8 2 Am. Jur. 2d, Adoption @1 as cited by Sta. Maria, Melencio S. Persons and Family Relations Law. th 4 edition 2004 p. 624 9 Lazatin v. Camposs, 92 SCRA 250 (1979)

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C. Nature of Adoption Proceedings Adoption is a juridical act, a proceeding in rem, which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.10 Since adoption is a proceeding in rem, there must be a jurisdiction over the subject matter, the parties and the res.11 In view of the in rem nature of the action, constructive notice by publication is allowed.12 D. Philosophy behind Adoption The philosophy behind adoption statutes is to promote the welfare of the child and every reasonable intendment should be sustained to promote that objective.

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Adoption used to be for the benefit of the adopter. It was intended to afford persons who have no child of their own, the consolation of having one, by creating by legal fiction, the relation of paternity and filiation where none exists by blood relationship. It was merely looked upon as solely an act of generosity on the part of the adopter.14 At present, the main purpose of adoption is the promotion of the welfare of children.15

10

Ibid. Ellis v. Republic, 7 SCRA 962 12 Santos v. Aranzanxo, Gr. No. L- 23828, February 28, 1966 13 supra. 14 Hofilena v. Republic, 34 SCRA 545 15 Republic v. Vergara, 270 SCRA 206 11

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III SUCCESSIONAL RIGHTS OF AN ADOPTED CHILD A. Status of an Adopted Child An adopted child, for civil purposes, is deemed the legitimate child of the adopting parents. Thus, if the adopter died and is survived by the adopted child, legitimate parents and ascendants, the adopted would now exclude the latter from the estate of the adopter, in the same way that they would be excluded by the presence of legitimate issue of the adopter. The right to exclude is implied in Article 189 (1) of the Family code.16 By the enactment of RA 8552, it is not only in his new family that the legitimate status of the adopted child is affirmed but also in society as well. The new law withdraws the right of an adoption to rescind the adoption decree and gives to the adopted child the sole right to severe the legal ties created by adoption. B. Rights to Inherit of an Adopted Child The adopted child succeeds to the property of the adopting parents in the same manner as would a legitimate child.17 Adopted children are indisputably declared as entitled to all the rights and obligations provided by law to legitimate sons or daughters without restrictions.

16

Pineda, Ernesto L. The Family Code of the Philippines Annotated. 2011 ed., P. 390 17 NEW CIVIL CODE, Article 979 (2)

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The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and in keeping with the means of the family.

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C. Right of Representation of an Adopted Child As a rule, the adopted child has all the rights of legitimate children. Since legitimate children have the right to represent, does this mean that adopted children have also the same right? No. Section 18, Domestic Adoption Law provides that in legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. If the adopting parent should die before the adopted child does, the latter cannot represent the former in the inheritance from the parents or ascendants of the adopter. An adopted child is not related to the deceased in that case, because the filiation created by fiction of law is exclusively between the adopter and the adopted. By adoption, the adopters can make for themselves an heir but they cannot make one for their kindred. In other words, the law does not create any relationship between the adopted child and the relatives of the adopting parents, not even to the biological or legitimate children of the adopting parents.

18

Rep. Act No. 8552 (1998), Section 17

9

D. Table on the Rule on Legitimes of an Adopted Child

IV. FORMATION OR SEVERANCE OF RELATIONSHIP MADE BY THE ENACTMENT OF RA 8552 A. Relationship Adopting Parents

Formed

between

an

Adopted

Child

and

the

A final decree of adoption creates the relationship of parent and child between petitioner and the adopted person, as if the adopted person were a legitimate blood descendant of the petitioner, for all purposes including inheritance.19

19

Child Welfare Information Gateway, ‘Intestate Inheritance Rights for Adopted Persons’ Available

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An adopted person and adopting parent shall sustain toward each other the legal relation of parent and child and shall have all the rights and duties of that relation, including the right to inherit.20 B. Relationship between an Adopted Child and the Adopter’s Ascendants, Descendants, and Collaterals Under our law the relationship established by adoption is limited solely to the adopter and the adopted and does not extend to the relatives of the adopting parents or of the adopted child except only as expressly provided for by law. Hence, no relationship is created between the adopted and the collaterals of the adopting parents. As a consequence, the adopted is an heir of the adopter but not of the relatives of the adopter.21 C. Relationship between an Adopted Child and his Biological Parents Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s).22 The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised tly by both spouses. D. Relationship between an Adopted Child and his Biological Relatives

20

21

Ibid. Teotico v.Del Val, G.R. No. L-18753, March 26, 1965 22 Rep. Act No. 8552 (1998), Section 16

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In adoption, the legal filiation is personal and exists only between the adopter and the adopted. The adopted is deemed a legitimate child of the adopter, but still remains as an intestate heir of his natural parents and other blood relatives. V SCRUTINIZING THE EFFECTS MADE BY THE DOMESTIC ADOPTON LAW AS AGAINST PRIOR ADOPTION LAWS A. Adopted Child as an Intestate Heir of the Estate of the Adoptive Parents and Adopter’s Blood Relatives The adoption shall give to the adopted person the same rights and duties as if he were a legitimate child of the adopter.23 However, the preceding article is repealed by Article 189 of the Family Code of the Philippines which provides that for civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child. This law is also repealed by Section 17 of RA 8552. The prevailing Adoption Law provides that the adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and in keeping with the means of the family.

23

Pres. Decree No. 603, Article 39 (1)

12

Further, in legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation.24 In other words, after adoption, the adopted person shall be treated as if he or she was born to the adopting parents and shall have all rights and be subject to all of the duties arising from that relation, including the right of inheritance. Thus, an adopted child is an intestate heir of the adopters. However, as regards to the adopter’s blood relatives, he is not an intestate heir. The relationship established by the adoption, however, is limited to the adopting parent, and does not extend to his other relatives, except as expressly provided by law. Thus, the adopted child cannot be considered as a relative of the ascendants and collaterals of the adopting parents, nor of the legitimate children which they may have after the adoption, except that the law imposes certain impediments to marriage by reason of adoption. Neither are the children of the adopted considered as descendants of the adopter. The relationship created is exclusively between the adopter and the adopted, and does not extend to the relatives of either. (Tolentino, Civil Code of the Philippines, Vol. 1, p. 652).25

B. Adopted child as an Intestate Heir of the Estate of Biological Parents and Blood Relatives Section 16 of Ra 8553 provides that except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s). 24

Rep. Act No. 8552 (1998), Section 18 25 supra.

13

It is by this severance that an adopted child is not an intestate of either his biological parents or his blood relatives. Adoption relieves the birth parents of the adopted person of all parental rights and responsibilities and terminates all legal relationships between the adopted person and the birth parents and other relatives of the adopted person. Thereafter, the adopted person is a stranger to the former relatives for all purposes, including inheritance.26 C. Adoptive Parent as an Intestate Heir of the Estate of the Child The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him.27 However, the prior statute is repealed by Executive Order No. 209 which provides that when the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters.28 But by the enactment of RA 8552, the birth parents of an adopted person are relieved of all parental duties and responsibilities toward the adopted person, including the right of inheritance unless specifically provided by will. Thus, adoptive parent is an intestate heir of the estate of the adopted child.

26

supra. NEW CIVIL CODE, Article 342 28 THE FAMILY CODE OF THE PHILIPPINES, Article 190 (2) 27

14

D. Adopter’s Blood Relatives as Intestate Heirs to the Estate of the Adoptive Child The adopter’s blood relatives shall not be entitled to inherit from and through the adopted individual under the laws of intestacy in the absence of a will, unless expressly excluded. The rationale for this is the relationship established by the adoption is restricted to the adopting parents, and does not extend to his other relatives. E. Biological and Blood Relatives as Intestate Heirs to the Estate of the Adoptive Child Article 39 (2) of The Child and Youth Welfare Code provides that adoption dissolves the authority vested in the natural parent or parents, except where the adopter is the spouse of the surviving natural parent. Article 342 of the New Civil Code provides that parents by nature shall inherit from the adopted child and the adopter shall not be a legal heir of the adopted person. However, the above provisos were repealed by RA 8552 which states that in legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. Thus, an adopted child shall not inherit real or personal property from his or her birth parents or their relatives when the relationship between them has been terminated by final order of adoption, nor shall the birth

15

parents or their relatives inherit from the adopted child.29(Emphasis supplied). This means that the adopter and adopted shall become intestate heirs as to each other. VI CONCLUSION AND RECOMMENDATION To conclude, an adopted child is an intestate heir of the adopting parents but not as to the estate of the biological parents. He is neither an intestate heir of his biological relatives and the adopter’s blood relatives. This is implicitly provided for in the Domestic Adoption Law as compared to the provisions provided for in the old Adoption Laws. Be it noted that in statutory construction, implied repeals are not favored. There is no explicit proviso that grants or denies the right of an adoptee to inherit from either or both the adopter or his birth parents. Such gray area is crucial in intestate succession. The right of a party to the inheritance may be prejudiced. Without an express law, the grant or denial thereof is cynical. It is recommended that the Legislative Department address this issue. A specific and definite provision should be provided for stating that the adopted child has the right to inherit only from the adopted parents. This would remove any doubtful interpretation on the right to succeed of an adopted child from his birth parents, blood relatives and his collateral relatives as in contrast to his adoptive parents.

29

supra.

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BIBLIOGRAPHY I.

PRIMARY SOURCES A. Law 1. New Civil Code of the Philippines 2. The Child and Youth Welfare Code (P.D. 603) 3. Family Code of the Philippines 4. Domestic Adoption Act of 1998 (R.A. 8552) B. Philippine Jurisprudence 1.

Lahom v. Sibulo, 406 SCRA 135 (2003)

2.

4 Valverde 473, quoted in Prasnick v. Republic of the Philippines, 98 Phil 665

3.

Lazatin v. Camposs, 92 SCRA 250 (1979)

4.

Ellis v. Republic, 7 SCRA 962

5.

Santos v. Aranzanxo, Gr. No. L- 23828, February 28, 1966

II.

6.

Hofilena v. Republic, 34 SCRA 545

7.

Republic v. Vergara, 270 SCRA 206

SECONDARY SOURCES

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A. Books Festin, Gemy Lito L. Special Proceedings, A foresight to the bar exam. 2nd ed. Manila: REX Bookstore, 2011. Paras, Edgardo. Civil Code of the Philippines Annotated. Vol. 1, 16th ed. Manila: REX Bookstore, 2008. Pineda, Ernesto L. The Family Code of the Philippines Annotated. 2011 ed. 927 Quezon Avenue, Quezon City: Central Book Supply, Inc. Pineda, Ernesto L. Succession and Prescription. 2011 ed. 927 Quezon Avenue, Quezon City: Central Book Supply, Inc. Sta. Maria, Melencio Jr. S. Persons and Family Relations Law, 4th ed. Quezon City, Metro manila: REX Bookstore, 2004. Tabingan, Monroe C., Special Proceedings With Republic Act No. 9048 And its Implementing Rules, Comments and Cases. 2nd ed. Manila: Central Book Supply, 2005. Webster’s Pocket Legal Dictionary, 3rd ed. United States: Random House Inc., 1996. B. Article

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Child Welfare Information Gateway, ‘Intestate Inheritance Rights for Adopted Persons’ Available

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