Republic vs. Toledano

Facts: On February 21, 1990, Spouses Alvin Clouse, a natural-born US Citizen and Evelyn Clouse, a former Filipino who became a naturalized US citizen, filed a petition to adopt Solomon Alcala, a minor who is Evelyn's youngest brother. The trial court granted the petition. Republic, through the Office of the Solicitor General appealed contending...
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Who May Adopt?

The following may adopt: (a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a...
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Who May be Adopted?

The following may be adopted: (a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption; (b) The legitimate son/daughter of one spouse by the other spouse; (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy; (d) A person...
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Rights of an Adopted Child

Effects of Adoption 1. Parental Authority. — 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). (Sec. 16, R.A. No. 8552) 2. Legitimacy. — The adoptee shall be considered the legitimate...
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Rescission of Adoption

May the adopted person ask for the rescission of the adoption? Yes. Upon petition of the adoptee, with the assistance of the DSWD, if a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the adopter(s):  (a) repeated physical...
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Parental Authority

Chapter 1. General Provisions What do parental authority and responsibility include? Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include  - the caring for and rearing them for civic consciousness and efficiency and  -...
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