Republic vs CA and Bobiles

Republic vs CA and Bobiles

GR No. 92326, January 24, 1992

FACTS:

Zenaida Corteza Bobiles filed a petition to adopt Jason Condat who had been living with her family since 4 months old.  Salvador Condat, father of the child, and the social worker assigned was served with copies of the order finding that the petition was sufficient in form and substance.  The copy was also posted on the bulletin board of the court.  Nobody appeared to oppose the petition.  The judgment declared that surname of the child be changed to “Bobiles”. 

ISSUE: WON the petition to adopt Jason should be granted considering only Zenaida filed the petition.

HELD:

The petition for adoption was filed when the law applicable was PD 603 (Child and Youth Welfare Code), where such petition may be filed either of the spouses or both of them.  After the trial court rendered its favorable decision and while the case was pending on appeal in CA, Family Code took effect where joint adoption of both spouses is mandatory. 

Non-joinder is not a ground for the dismissal of an action or a special proceeding.  The Family Code will have retrospective application if it will not prejudice or impair vested rights.  When Zenaida filed the petition, she was exercising her explicit and unconditional right under said law in force at the time and thus vested and must not be prejudiced.  A petition must not be dismissed by reason of failure to comply with law not yet in force and effect at the time.  Furthermore, the affidavit of consent attached by the husband showed that he actually joined his wife in adopting Jayson.  His declarations and subsequent confirmatory testimony in open court was sufficient to make him a co-petitioner.   Future of an innocent child must not be compromised by arbitrary insistence of rigid adherence to procedural rules on the form of the pleadings.

Hence, Petition was denied.