In Re Petition for Adoption of Michelle Lim and Michael Lim

In Re Petition for Adoption of Michelle Lim and Michael Jude Lim

GR No. 168992-93, May 21, 2009

FACTS:

Monina Lim, petitioner, who was an optometrist was married with Primo Lim but were childless.  Minor children, were entrusted to them by Lucia, whose parents were unknown as shown by a certification of DSWD.  The spouses registered the children making it appears as if they were the parents.  Unfortunately, in 1998, Primo died.  She then married an American Citizen, Angel Olario in December 2000.  Petitioner decided to adopt the children by availing of the amnesty given under RA 8552 to individuals who simulated the birth of a child.  In 2002, she filed separate petitions for adoption of Michelle and Michael before the trial court.  Michelle was then 25 years old and already married and Michael was 18 years and seven months old.  Michelle and her husband including Michael and Olario gave their consent to the adoption executed in an affidavit.

ISSUE: WON petitioner who has remarried can singly adopt.

HELD:

Petition was denied.  The time the petitions were filed, petitioner had already remarried.  Husband and wife shall jointly adopt except in 3 instances which was not present in the case at bar.  In case spouses jointly adopts, they shall jointly exercised parental authority.  The use of the word “shall” signifies that joint adoption of husband and wife is mandatory.  This is in consonance with the concept of joint parental authority since the child to be adopted is elevated to the level of a legitimate child, it is but natural to require spouses to adopt jointly.  The affidavit of consent given by Olario will not suffice since there are certain requirements that he must comply as an American Citizen.  He must meet the qualifications set forth in Sec7 of RA8552.  The requirements on residency and certification of the alien’s qualification to adopt cannot likewise be waived pursuant to Sec 7.  Parental authority is merely just one of the effects of legal adoption.  It includes caring and rearing the children for civic consciousness and efficiency and development of their moral mental and physical character and well-being.