RULE ON ADOPTION

(A.M. No. 02-6-02-SC)

A. Domestic Adoption

Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children.

Sec. 2. Objectives. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this end, the State shall:

(i) ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding and security for the full and harmonious development of his personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.

(ii) safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their child;

(iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity to handle adoption inquiries, process domestic adoption applications and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling;

(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only when this is not available shall inter-country adoption be considered as a last resort; and

(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their adopted child.

Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as “legally available for adoption” and his custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child.

Sec. 3. Definition of Terms. – For purposes of this Rule:

(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition for adoption.

(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 biological parents, or in case of rescission of adoption, his guardian or adopter(s).

(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.

(d) “Involuntarily committed child” is one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to

discharge parental responsibilities.

(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a “foundling.”

(f) “Abandoned child” refers to one who has no proper parental care or guardianship or whose parents have deserted him for a period of at least six (6) continuous months and has been judicially declared as such.

(g) “Dependent child” refers to one who is without a parent, guardian or custodian or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody and is dependent upon the public for support.

(h) “Neglected child” is one whose basic needs have been deliberately not attended to or inadequately attended to, physically or emotionally, by his parents or guardian.

(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper shelter.

(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited, overworked or made to work under conditions not conducive to good health or made to beg in the streets or public places, or placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.

(k) “Child-placement agency” refers to an agency duly licensed and accredited 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 report.

(l) “Child-caring agency” refers to an agency duly licensed and accredited by the Department that provides 24-hour residential care services for abandoned, orphaned, neglected or voluntarily

committed children.

(m) “Department” refers to the Department of Social Welfare and Development.

(n) "Deed of Voluntary Commitment” refers to the written and notarized instrument relinquishing parental authority and committing the child to the care and custody of the Department executed by the child’s biological parents or in their absence, mental incapacity or death, by the child’s legal guardian, to be witnessed by an authorized representative of the Department after counseling and other services have been made available to encourage the biological parents to keep the child.

(o) “Child Study Report” refers to a study made by the court social worker of the child’s legal status, placement history, psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed in determining the most appropriate placement for him.

(p) “Home Study Report” refers to a study made by the court social worker of the motivation and capacity of the prospective adoptive parents to provide a home that meets the needs of a child.

(q) “Supervised trial custody” refers to the period of time during which a social worker oversees the adjustment and emotional readiness of both adopters and adoptee in stabilizing their filial relationship.

(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science in social work as a minimum educational requirement and who has passed the government licensure examination for social workers as required by Republic Act No. 4373.

(s) “Simulation of birth” is the tampering of the civil registry to make it appear in the birth records that a certain child was born to a person who is not his biological mother, thus causing such child to lose his true identity and status.

(t) “Biological Parents” refer to the child’s mother and

father by nature.

(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-trained social workers of the Department, the social services units of local governments, private and government health facilities, Family Courts, licensed and accredited child-caring and child-placement agencies and other individuals or entities involved in adoption as authorized by the Department.

(v) “Residence” means a person’s actual stay in the Philippines for three (3) continuous years immediately prior to the filing of a petition for adoption and which is maintained until the adoption decree is entered. Temporary absences for professional, business, health, or emergency reasons not exceeding sixty (60) days in one (1) year does not break the continuity requirement.

(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in possession of a valid passport or travel documents and visa.

SEC. 4. Who may adopt. – The following may adopt:

(1) 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; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent;

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he

has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

(3) The guardian with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified his consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses.

SEC. 5. Who may be adopted. – The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or

judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents.

(7) A child not otherwise disqualified by law or these rules.

Sec. 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

Sec. 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least sixteen (16) years older than the adoptee, unless the

adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) (c) That his country has diplomatic relations with the Republic of the Philippines;

(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial

accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Sec. 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Sec. 9. Adoption of a foundling, an abandoned, dependent or neglected child. – In case the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Sec. 10. Change of name. – In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Sec. 11. Annexes to the Petition. – The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;

B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.

Sec. 12. Order of Hearing. – If the petition and attachments are sufficient in form and substance, the court shall issue an order which shall contain the following:

(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has

been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the order and shall direct that a copy thereof be published before the date of hearing at least once a week for three successive weeks in a newspaper of general circulation in the province or city where the court is situated; Provided, that in case of application for change of name, the date set for hearing shall not be within four (4) months after the last publication of the notice nor within thirty (30) days prior to an election.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

(5) a directive to the social worker of the court, the social service office of the local government unit or any child-placing or child-caring agency, or the Department to prepare and submit child and home study reports before the hearing if such reports had not been attached to the petition due to unavailability at the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the matter of adoption of the adoptee and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor General through the provincial or city prosecutor, the Department and the biological parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory.

Sec. 13. Child and Home Study Reports. – In preparing the child study report on the adoptee, the concerned

social worker shall verify with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the social worker to register the adoptee and secure a certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in support thereof are valid and authentic, that the adopter has sincere intentions and that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and that his government allows the adoptee to enter his country as his adopted child in the absence of the certification required under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are grounds to deny the petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the petitioner.

Sec. 14. Hearing. – Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been complied with, the court shall proceed to hear the petition. The petitioner and the adoptee must personally appear and the former must testify before the presiding judge of the court on the date set for hearing.

The court shall verify from the social worker and determine whether the biological parent has been properly counseled against making hasty decisions caused by strain or anxiety to give up the child; ensure that all measures to strengthen the family have been exhausted; and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest.

Sec. 15. Supervised Trial Custody. – Before issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other

and establish a bonding relationship. The trial custody shall be monitored by the social worker of the court, the Department, or the social service of the local government unit, or the child-placement or child-caring agency which submitted and prepared the case studies. During said period, temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the same shall be for the best interests of the adoptee, stating the reasons therefor.

An alien adopter however must complete the 6-month trial custody except the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s relative within the fourth (4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement authority issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its termination.

Sec. 16. Decree of Adoption. – If the supervised trial custody is satisfactory to the parties and the court is convinced from the trial custody report and the evidence adduced that the adoption shall redound to the best interests of the adoptee, a decree of adoption shall be issued which shall take effect as of the date the original petition was filed even if the petitioners die before its issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil Registrar where the child was originally registered within thirty (30) days from receipt of the certificate of finality. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days from receipt of the certificate of finality;

b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and which shall show, among others, the following: registry number, date of registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and place of their marriage, when applicable;

c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of the court which issued the decree of adoption; and

d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty days from receipt of the decree.

If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered

prepared by the Civil Registrar in accordance with the decree.

Sec. 17. Book of Adoptions. – The Clerk of Court shall keep a book of adoptions showing the date of issuance of the decree in each case, compliance by the Civil Registrar with Section 16(B)(3) and all incidents arising after the issuance of the decree.

Sec. 18. Confidential Nature of Proceedings and Records. – All hearings in adoption cases, after compliance with the jurisdictional requirements shall be confidential and shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for security reasons or for purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to be released, restricting the purposes for which it may be used.

Sec. 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

Sec. 20. Venue. – The petition shall be filed with the Family Court of the city or province where the adoptee resides.

Sec. 21. Time within which to file petition. – The adoptee, if incapacitated, must file the petition for rescission or revocation of adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the time of the adoption, within five (5) years after recovery from such incompetency.

Sec. 22. Order to Answer. – The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the court may direct.

Sec. 23. Judgment. – If the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission of adoption, with or without costs, as justice requires.

The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of the adoptee and reinstate his original

birth or foundling certificate.

Sec. 24. Service of Judgment. – A certified true copy of the judgment together with a certificate of finality issued by the Branch Clerk of the Court which rendered the decision in accordance with the preceding Section shall be served by the petitioner upon the Civil Registrar concerned within thirty (30) days from receipt of the certificate of finality. The Civil Registrar shall forthwith enter the rescission decree in the register and submit proof of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

SEC. 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.

B. Inter-Country Adoption

Sec. 26. Applicability. – The following sections apply to inter-country adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad.

SEC. 27. Objectives. – The State shall:

a) a) consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in improper financial gain for those involved.

Sec. 28. Where to File Petition. – A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Sec. 29. Who may be adopted. – Only a child legally available for domestic adoption may be the subject of inter-country adoption.

Sec. 30. Contents of Petition. – The petitioner must allege:

a) his age and the age of the child to be adopted, showing that he is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted at the time of application, unless the petitioner is the parent by nature of the child to be adopted or the spouse of such parent, in which case the age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner except when the adoptee is a legitimate child of his spouse;

c) that he has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary moral values and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption of a Filipino child is

allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

Sec. 31. Annexes. - The petition for adoption shall contain the following annexes written and officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving the marriage;

c) Sworn statement of consent of petitioner’s biological or adopted children above ten (10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing of the petitioner;

g) Character reference from the local church/minister, the petitioner’s employer and a member of the immediate community who have known the petitioner for at least five (5) years;

h) Full body postcard-size pictures of the petitioner and his immediate family taken at least six (6) months before the filing of the petition.

Sec. 32. Duty of Court. – The court, after finding that the petition is sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption Board for appropriate action.

SEC. 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its publication in a newspaper of general circulation.

Republic Act 8043

Section 1. Short Title. — This Act shall be

known as the "Inter-Country Adoption Act of

1995."

Sec. 2. Declaration of Policy. — It is hereby

declared the policy of the State to provide every

neglected and abandoned child with a family that

will provide such child with love and care as well

as opportunities for growth and development.

Towards this end, efforts shall be exerted to place

the child with an adoptive family in the

Philippines. However, recognizing that inter-

country adoption may be considered as allowing

aliens not presently allowed by law to adopt

Filipino children if such children cannot be

adopted by qualified Filipino citizens or aliens, the

State shall take measures to ensure that inter-

country adoptions are allowed when the same

shall prove beneficial to the child's best interests,

and shall serve and protect his/her fundamental

rights. 

Sec. 3. Definition of Terms. — As used in this

Act. the term:

    (a) Inter-country adoption refers to the

socio-legal process of adopting a Filipino child by

a foreigner or a Filipino citizen permanently

residing abroad where the petition is filed, the

supervised trial custody is undertaken, and the

decree of adoption is issued outside the

Philippines.

    (b) Child means a person below fifteen (15)

years of age unless sooner emancipated by law.

    (c) Department refers to the Department of

Social Welfare and Development of the Republic

of the Philippines.

    (d) Secretary refers to the Secretary of the

Department of Social Welfare and Development.

    (e) Authorized and accredited

agency refers to the State welfare agency or a

licensed adoption agency in the country of the

adopting parents which provide comprehensive

social services and which is duly recognized by

the Department.

    (f) Legally-free child means a child who has

been voluntarily or involuntarily committed to the

Department, in accordance with the Child and

Youth Welfare Code.

    (g) Matching refers to the judicious pairing of

the adoptive child and the applicant to promote a

mutually satisfying parent-child relationship.

    (h) Board refers to the Inter-country Adoption

Board.

ARTICLE II

THE INTER-COUNTRY ADOPTION BOARD

Sec. 4. The Inter-Country Adoption Board. —

There is hereby created the Inter-Country

Adoption Board, hereinafter referred to as the

Board to act as the central authority in matters

relating to inter-country adoption. It shall act as

the policy-making body for purposes of carrying

out the provisions of this Act, in consultation and

coordination with the Department, the different

child-care and placement agencies, adoptive

agencies, as well as non-governmental

organizations engaged in child-care and

placement activities. As such, it shall:

    (a) Protect the Filipino child from abuse,

exploitation, trafficking and/or sale or any other

practice in connection with adoption which is

harmful, detrimental, or prejudicial to the child;

    (b) Collect, maintain, and preserve confidential

information about the child and the adoptive

parents;

    (c) Monitor, follow up, and facilitate completion

of adoption of the child through authorized and

accredited agency;

    (d) Prevent improper financial or other gain in

connection with an adoption and deter improper

practices contrary to this Act;

    (e) Promote the development of adoption

services including post-legal adoption;

    (f) License and accredit child-caring/placement

agencies and collaborate with them in the

placement of Filipino children;

    (g) Accredit and authorize foreign adoption

agency in the placement of Filipino children in

their own country; and

    (h) Cancel the license to operate and blacklist

the child-caring and placement agency or

adoptive agency involved from the accreditation

list of the Board upon a finding of violation of any

provision under this Act.

Sec. 5. Composition of the Board. — The

Board shall be composed of the Secretary of the

Department as ex officio Chairman, and six (6)

other members to be appointed by the President

for a nonrenewable term of six (6) years:

Provided, That there shall be appointed one (1)

psychiatrist or psychologist, two (2) lawyers who

shall have at least the qualifications of a regional

trial court judge, one (1) registered social worker

and two (2) representatives from non-

governmental organizations engaged in child-

caring and placement activities. The members of

the Board shall receive a per diem allowance of

One thousand five hundred pesos (P1,500) for

each meeting attended by them: Provided,

further, That no compensation shall be paid for

more than four (4) meetings a month. 

 

Sec. 6. Powers and Functions of the

Board. — The Board shall have the following

powers and functions:

    (a) to prescribe rules and regulations as it may

deem reasonably necessary to carry out the

provisions of this Act, after consultation and upon

favorable recommendation of the different

agencies concerned with the child-caring,

placement, and adoption;

    (b) to set the guidelines for the convening of

an Inter-country Adoption Placement Committee

which shall be under the direct supervision of the

Board;

    (c) to set the guidelines for the manner by

which selection/matching of prospective adoptive

parents and adoptive child can be made;

    (d) to determine a reasonable schedule of fees

and charges to be exacted in connection with the

application for adoption;

    (e) to determine the form and contents of the

application for inter-country adoption;

    (g) to institute systems and procedures to

prevent improper financial gain in connection

with adoption and deter improper practices which

are contrary to this Act;

    (h) to promote the development of adoption

services, including post-legal adoption services,

    (i) to accredit and authorize foreign private

adoption agencies which have demonstrated

professionalism, competence and have

consistently pursued non-profit objectives to

engage in the placement of Filipino children in

their own country: Provided, That such foreign

private agencies are duly authorized and

accredited by their own government to conduct

inter-country adoption: Provided, however, That

the total number of authorized and accredited

foreign private adoption agencies shall not

exceed one hundred (100) a year;

    (j) to take appropriate measures to ensure

confidentiality of the records of the child, the

natural parents and the adoptive parents at all

times;

    (k) to prepare, review or modify, and

thereafter, recommend to the Department of

Foreign Affairs, Memoranda of Agreement

respecting inter-country adoption consistent with

the implementation of this Act and its stated

goals, entered into, between and among foreign

governments, international organizations and

recognized international non-governmental

organizations;

    (l) to assist other concerned agencies and the

courts in the implementation of this Act,

particularly as regards coordination with foreign

persons, agencies and other entities involved in

the process of adoption and the physical transfer

of the child; and

    (m) to perform such other functions on matters

relating to inter-country adoption as may be

determined by the President.

ARTICLE III

PROCEDURE

Sec. 7. Inter-Country Adoption as the Last

Resort. — The Board shall ensure that all

possibilities for adoption of the child under the

Family Code have been exhausted and that inter-

country adoption is in the best interest of the

child. Towards this end, the Board shall set up the

guidelines to ensure that steps will be taken to

place the child in the Philippines before the child

is placed for inter-country adoption: Provided,

however, That the maximum number that may be

allowed for foreign adoption shall not exceed six

hundred (600) a year for the first five (5) years. 

Sec. 8. Who May be Adopted. — Only a legally

free child may be the subject of inter-country

adoption. In order that such child may be

considered for placement, the following

documents must be submitted to the Board:

    (a)Child study;

    (b)Birth certificate/foundling certificate;

    (c)Deed of voluntary commitment/decree of

abandonment/death certificate of parents;

    (d)Medical evaluation /history;

    (e)Psychological evaluation, as necessary; and

    (f)Recent photo of the child.

Sec. 9. Who May Adopt. — An alien or a

Filipino citizen permanently residing abroad may

file an application for inter-country adoption of a

Filipino child if he/she:

    (a) is at least twenty-seven (27) years of age

and at least sixteen (16) years older than the

child to be adopted, at the time of application

unless the adopter is the parent by nature of the

child to be adopted or the spouse of such parent:

    (b) if married, his/her spouse must jointly file

for the adoption;

    (c) has the capacity to act and assume all

rights and responsibilities of parental authority

under his national laws, and has undergone the

appropriate counseling from an accredited

counselor in his/her country;

    (d) has not been convicted of a crime involving

moral turpitude; 

    (e) is eligible to adopt under his/her national

law;

    (f) is in a position to provide the proper care

and support and to give the necessary moral

values and example to all his children, including

the child to be adopted;

    (g) agrees to uphold the basic rights of the

child as embodied under Philippine laws, the U.N.

Convention on the Rights of the Child, and to

abide by the rules and regulations issued to

implement the provisions of this Act;

    (h) comes from a country with whom the

Philippines has diplomatic relations and whose

government maintains a similarly authorized and

accredited agency and that adoption is allowed

under his/her national laws; and

    (i) possesses all the qualifications and none of

the disqualifications provided herein and in other

applicable Philippine laws.

Sec. 10. Where to File Application. — An

application to adopt a Filipino child shall be filed

either with the Philippine Regional Trial Court

having jurisdiction over the child, or with the

Board, through an intermediate agency, whether

governmental or an authorized and accredited

agency, in the country of the prospective

adoptive parents, which application shall be in

accordance with the requirements as set forth in

the implementing rules and regulations to be

promulgated by the Board.

The application shall be supported by the

following documents written and officially

translated in English.

    (a) Birth certificate of applicant(s);

    (b) Marriage contract, if married, and divorce

decree, if applicable;

    (c) Written consent of their biological or

adoptive children above ten (10) years of age, in

the form of sworn statement;

    (d) Physical, medical and psychological

evaluation by a duly licensed physician and

psychologist;

    (e) Income tax returns or any document

showing the financial capability of the

applicant(s);

    (f) Police clearance of applicant(s);

    (g) Character reference from the local

church/minister, the applicant's employer and a

member of the immediate community who have

known the applicant(s) for at least five (5) years;

and

    (h) Recent postcard-size pictures of the

applicant(s) and his immediate family;

The Rules of Court shall apply in case of adoption

by judicial proceedings.

 

Sec. 11. Family Selection/Matching. — No

child shall be matched to a foreign adoptive

family unless it is satisfactorily shown that the

child cannot be adopted locally. The clearance, as

issued by the Board, with the copy of the minutes

of the meetings, shall form part of the records of

the child to be adopted. When the Board is ready

to transmit the Placement Authority to the

authorized and accredited inter-country adoption

agency and all the travel documents of the child

are ready, the adoptive parents, or any one of

them, shall personally fetch the child in the

Philippines. 

Sec. 12. Pre-adoptive Placement Costs. —

The applicant(s) shall bear the following costs

incidental to the placement of the child;

    (a) The cost of bringing the child from the

Philippines to the residence of the applicant(s)

abroad, including all travel expenses within the

Philippines and abroad; and

    (b) The cost of passport, visa, medical

examination and psychological evaluation

required, and other related expenses.

Sec. 13. Fees, Charges and Assessments. —

Fees, charges, and assessments collected by the

Board in the exercise of its functions shall be

used solely to process applications for inter-

country adoption and to support the activities of

the Board.

 

Sec. 14. Supervision of Trial Custody. — The

governmental agency or the authorized and

accredited agency in the country of the adoptive

parents which filed the application for inter-

country adoption shall be responsible for the trial

custody and the care of the child. It shall also

provide family counseling and other related

services. The trial custody shall be for a period of

six (6) months from the time of placement. Only

after the lapse of the period of trial custody shall

a decree of adoption be issued in the said country

a copy of which shall be sent to the Board to form

part of the records of the child. 

During the trial custody, the adopting parent(s)

shall submit to the governmental agency or the

authorized and accredited agency, which shall in

turn transmit a copy to the Board, a progress

report of the child's adjustment. The progress

report shall be taken into consideration in

deciding whether or not to issue the decree of

adoption.

The Department of Foreign Affairs shall set up a

system by which Filipino children sent abroad for

trial custody are monitored and checked as

reported by the authorized and accredited inter-

country adoption agency as well as the

repatriation to the Philippines of a Filipino child

whose adoption has not been approved.

Sec. 15. Executive Agreements. — The

Department of Foreign Affairs, upon

representation of the Board, shall cause the

preparation of Executive Agreements with

countries of the foreign adoption agencies to

ensure the legitimate concurrence of said

countries in upholding the safeguards provided

by this Act.

ARTICLE IV

PENALTIES

Sec. 16. Penalties. —

(a) Any person who shall knowingly participate in

the conduct or carrying out of an illegal adoption,

in violation of the provisions of this Act, shall be

punished with a penalty of imprisonment ranging

from six (6) years and one (1) day to twelve (12)

years and/or a fine of not less than Fifty thousand

pesos (P50,000), but not more than Two hundred

thousand pesos (P200.000), at the discretion of

the court. For purposes of this Act, an adoption is

illegal if it is effected in any manner contrary to

the provisions of this Act or established State

policies, its implementing rules and regulations,

executive agreements, and other laws pertaining

to adoption. Illegality may be presumed from the

following acts:

    (1)consent for an adoption was acquired

through, or attended by coercion, fraud, improper

material inducement;

    (2)there is no authority from the Board to

effect adoption;

    (3)the procedures and safeguards placed

under the law for adoption were not complied

with; and

    (4)the child to be adopted is subjected to, or

exposed to danger, abuse and exploitation.

(b)Any person who shall violate established

regulations relating to the confidentiality and

integrity of records, documents and

communications of adoption applications, cases

and processes shall suffer the penalty of

imprisonment ranging from one (1) year and one

(1) day to two (2) years, and/or a fine of not less

than Five thousand pesos (P5,000), but not more

than Ten thousand pesos (P10,000), at the

discretion of the court.

 

A penalty lower by two (2) degrees than that

prescribed for the consummated felony under

this Article shall be imposed upon the principals

of the attempt to commit any of the acts herein

enumerated.

Acts punishable under this Article, when

committed by a syndicate or where it involves

two or more children shall be considered as an

offense constituting child trafficking and shall

merit the penalty of reclusion perpetua.

Acts punishable under this Article are deemed

committed by a syndicate if carried out by a

group of three (3) or more persons conspiring

and/or confederating with one another in carrying

out any of the unlawful acts defined under this

Article.Penalties as are herein provided shall be in

addition to any other penalties which may be

imposed for the same acts punishable under

other laws, ordinances, executive orders, and

proclamations. 

Sec. 17. Public Officers as Offenders. — Any

government official, employee or functionary who

shall be found guilty of violating any of the

provisions of this Act, or who shall conspire with

private individuals shall, in addition to the above-

prescribed penalties, be penalized in accordance

with existing civil service laws, rules and

regulations: Provided, That upon the filing of a

case, either administrative or criminal, said

government official, employee or functionary

concerned shall automatically suffer suspension

until the resolution of the case.

ARTICLE V

FINAL PROVISIONS

Sec. 18. Implementing Rules and

Regulations. — The Inter-country Adoption

Board, in coordination with the Council for the

Welfare of Children, the Department of Foreign

Affairs, and the Department of Justice, after due

consultation with agencies involved in child-care

and placement, shall promulgate the necessary

rules and regulations to implement the provisions

of this Act within six (6) months after its

effectivity.

Sec. 19. Appropriations. — The amount of Five

million pesos (P5,000,000) is hereby appropriated

from the proceeds of the Lotto for the initial

operations of the Board and subsequently the

appropriations of the same shall be included in

the General Appropriations Act for the year

following its enactment.

Sec. 20. Separability Clause. — If any

provision, or part hereof is held invalid or

unconstitutional, the remainder of the law or the

provision not otherwise affected, shall remain

valid and subsisting.

Sec. 21. Repealing Clause. — Any law, decree,

executive order, administrative order or rules and

regulations contrary to, or inconsistent with the

provisions of this Act are hereby repealed,

modified or amended accordingly. 

Sec. 22. Effectivity Clause. — This Act shall

take effect fifteen (15) days after its publication

in two (2) newspapers of general circulation.

 

 

Approved: June 7, 1995

AMENDED IMPLEMENTING RULES AND REGULATIONS ON INTERCOUNTRY ADOPTION (Republic Act 8043) REPUBLIC OF THE PHILIPPINES INTER-COUNTRY ADOPTION BOARD MANILA AMENDED IMPLEMENTING RULES AND REGULATIONS ON INTER-COUNTRY ADOPTION (RA 8043) Pursuant to the authority of the Inter-Country Adoption Board, under Section 6, paragraph (a) of Republic Act No. 8043, otherwise known as “The Inter-Country Adoption Act of 1995” and in accordance with the relevant provisions of Republic Act No. 8552 otherwise known as the Domestic Adoption Act of 1998 and the provisions of The Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption as well as the United Nations Convention on the Rights of the Child, the following Rules and Regulations are hereby promulgated to govern the adoption of a Filipino child abroad: ARTICLE I GENERAL PROVISIONS SECTION 1. POLICY OBJECTIVES. - It is the policy of the State to ensure that every child shall grow up in a family that will provide such child with love and care as well as opportunities for growth and development. Towards this end, efforts shall be exerted to place every child who is legally free for adoption, with an adoptive family in the Philippines. The State shall take measures and safeguards to ensure that inter-country adoption is allowed when the same shall prove beneficial to the child’s best interests and shall serve and protect his/her fundamental rights. In this respect, the State shall establish a system of cooperation with other States, through their respective Central/Competent Authorities and accredited bodies to prevent the sale, trafficking and abduction of children. SECTION 2. APPLICABILITY. - The Rules shall apply to the adoption of a legally free Filipino child in a foreign country by a person qualified to adopt under Republic Act 8043 otherwise known as the Inter-Country Adoption Law of 1995. ARTICLE II DEFINITION OF TERMS SECTION 3. DEFINITION OF TERMS. - As used in these Rules, unless the context otherwise requires, the following terms shall mean: (a) “Act” shall refer to Republic Act No. 8043, otherwise known as “The Inter-Country Adoption Act of 1995”; (b)

“Applicant” shall refer to a married couple or a single person who files an application; (c) “Application” shall refer to the duly accomplished application form, home study report including its supporting documents from an authorized or accredited agency or body by the ICAB; (d) “Accreditation of Local Child Caring Agency/Child Placing Agency” shall refer to the recognition of a social welfare development program or service that such is implemented by a social welfare and development agency in compliance with appropriate standards evidenced by a certificate of accreditation issued by the Department of Social Welfare and Development. (e) “Accreditation of Foreign Adoption Agencies” shall refer to the recognition granted by the Board to a Foreign Adoption Agency duly licensed by the state welfare authority in a Non-Contracting State as meeting the official requirements to participate in the Philippine Inter-country Adoption Program. (f) “Authorization” shall refer to recognition granted by the Board to a Foreign Adoption Agency duly accredited by the Central Authority of a Contracting State to participate in the Philippine Inter-country Adoption Program. (g) “Board” shall refer to the Inter-Country Adoption Board which is the Central Authority in matters relating to inter-country adoption and the policy-making body for the purposes of carrying out the provisions of R.A. 8043 and the Convention; (h) “Central Authority” shall refer to the key governmental entity which is responsible for carrying out the provisions of the Convention; (i) “Chairperson” shall refer to the Chairperson of the Board; (j) “Child” shall refer to a Filipino child below fifteen (15) years of age who can be legally adopted; (k) “Child Caring Agency” shall refer to a welfare agency that provides a twenty-four (24) hour resident group care service for the physical, mental, social and spiritual well being of nine (9) or more mentally gifted, abandoned, neglected, disabled, or disturbed children, or youth offenders. The term shall include an institution whose primary purpose is to provide education whenever nine (9) or more of its pupils or wards in the ordinary course of events do not return to the homes of their parents or guardians for at least two (2) months of summer vacation; (l) “Child Placing Agency” shall refer to an institution licensed by the Department to assume the care, custody, protection and maintenance of children for purposes of adoption, guardianship or

foster care; (m) “Child with Special Needs” shall refer to any child who is difficult to place in view of some physical, psychological, and/ or social limitations including but not limited to being an older child, belonging to a sibling group or those who may be under such analogous circumstances; (n) “Committee” shall refer to the Inter-Country Adoption Placement Committee; (o) “Competent Authority” shall refer to any State entity which performs all or most of the functions of Chapter II of the Convention; (p) “Contracting State” shall refer to any State Party to the Convention; (q) “Convention” shall refer to The Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption; (r) “Decree of Abandonment” shall refer to the final written judicial order declaring a child to be dependent, abandoned, and neglected and committing such child to the care of the Department through a person or duly licensed child caring/placing agency or institution. The rights of the biological parents, guardian or other custodian to exercise authority over the child shall cease; (s) “Deed of Voluntary Commitment” shall refer to the notarized instrument relinquishing parental authority and committing the child to the care and custody of the Department executed by the child’s biological parent(s) or by the child’s legal guardian in their absence, mental incapacity or death, to be signed in the presence of an authorized representative of the Department, after counseling and other services have been made available to encourage the child’s biological parent(s) to keep the child; (t) “Department” shall refer to the Department of Social Welfare and Development; (u) “Foreign Adoption Agency” shall refer to the State Welfare Agency or the licensed and accredited agency in the country of the foreign adoptive parents that provides comprehensive social services and is duly recognized by the Board; (v) “Inter-Country Adoption” shall refer to the socio-legal process of adopting a child by a foreign national or a Filipino citizen permanently residing abroad where the petition for adoption is filed, the supervised trial custody is undertaken, and the decree of adoption is issued in the foreign country where the applicant resides thereby creating a permanent parent-child relationship between the child and the adoptive parents; (w) “Illegal Adoption” shall refer to an adoption that is effected in any manner contrary to the provisions

of RA 8043, these Rules, established State policies, Executive Agreements and other laws pertaining to adoption; (x) “Legally free child” shall refer to a child who, in accordance with the Child and Youth Welfare Code, 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/s or adopter/s in case of rescission of adoption; (y) “Liaison Service” shall refer to the effective delivery of facilitating social services provided by a licensed and accredited Child Caring or Child Placing Agency (CCA/CPA) to represent a Foreign Adoption Agency (FAA) in the Philippines; (z) “Licensing” shall refer to the process conducted by DSWD in assessing qualification and authorizing a registered social welfare and development (SWD) agency to operate as a social work agency. (aa)“Matching” shall refer to the judicious pairing of the applicant and the child to promote a mutually satisfying parent-child relationship; (bb) “Non-Contracting State” shall refer to any State not party to the Convention with which the Board has established working relations. (cc) “Quorum” shall refer to the minimum number that must be present at a meeting or assembly to make its proceedings valid. (dd) “Secretary” shall refer to the Secretary of the Department; (ee) “Special Home Finding” shall refer to the process of recruiting or identifying suitable adoptive parents for children with special needs through the Central Authority or a Foreign Adoption Agency of the State if there are no available families in the Roster of Approved Families. ARTICLE III INTER-COUNTRY ADOPTION BOARD SECTION 4. POWERS AND FUNCTIONS OF THE BOARD – The Board shall have the following powers and functions: a. To prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of the Act, after consultations and upon favorable recommendation of the different agencies concerned with child-caring, placement and adoption; b. To set the guidelines for the convening of the Inter-country Adoption Placement Committee which shall be under the direct supervision of the Board; c. To set the guidelines for the manner of selection and matching of prospective adoptive parents and adoptive child; d. To determine a reasonable schedule of fees and charges to

be exacted in connection with the application for and process of adoption; e. To determine the form and content of the application for inter-country adoption; f. To formulate and develop policies, programs and services that will protect the Filipino child from abuse, exploitation, trafficking and adoption practices that are harmful, detrimental and prejudicial to the best interests of the child; g. To institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to the Act; h. To promote the development of adoption services, including post-legal adoption services; i. To accredit and authorize foreign private adoption agencies which have demonstrated professionalism and competence and have consistently pursued non-profit objectives, to engage in the placement of Filipino children in their own country; provided, that such foreign adoption agencies are duly authorized and accredited by their own government to conduct inter-country adoption; provided further, that the total number of authorized and accredited foreign private adoption agencies shall not exceed one hundred a year. j. To take appropriate measures to ensure the confidentiality of the records of the child, the natural parents and the adoptive parents at all times; k. To prepare, review, modify and recommend to the Department of Foreign Affairs, Memoranda of Agreement on inter-country adoption consistent with the implementation of this Act and its stated goals, entered into, between and among the Philippines and foreign governments, international organizations and recognized international non-governmental organizations; l. To assist other concerned agencies and the courts in the implementation of this Act, particularly in the coordination with foreign persons, agencies and other entities involved in the process of adoption and the physical transfer of the child; and m. To perform such other functions on matters relating to inter-country adoption as may be determined by the President of the Republic of the Philippines. SECTION 5. MEETINGS. - The Board shall meet regularly or upon the call of the Chairperson. In the absence of the Chairperson, the members present who constitute a quorum may choose a presiding officer from among themselves. A majority of all members of the Board shall constitute a quorum. The Board may hold

meetings in executive session. SECTION 6. VOTING. - The Board shall act as a collegial body. The vote of a majority of the members of the Board constituting a quorum shall be necessary to perform its functions as provided in the Act. The Chairperson of the Board shall not vote in a meeting except to break a tie. ARTICLE IV SECRETARIAT SECTION 7. EXECUTIVE DIRECTOR. - The Executive Director shall head the Secretariat. He/she shall be appointed by the Chairperson with the concurrence of the majority of the Board. The Executive Director shall serve a term of six (6) years and may be reappointed by the Chairperson for another term with the concurrence of the Board. SECTION 8. FUNCTIONS OF THE EXECUTIVE DIRECTOR. - The Executive Director shall act as the executive officer of the Secretariat and shall exercise supervision over its personnel. He/she shall act as the Secretary of the Board. SECTION 9. QUALIFICATIONS OF THE EXECUTIVE DIRECTOR. - The Executive Director shall have the qualifications of a Director IV, preferably with a master’s degree in Social Work or its equivalent in a related discipline, and at least three (3) years of supervisory experience. SECTION 10. SUPPORT STAFF. - The Secretariat shall have such operating units and personnel as the Board may find necessary for the proper performance of its function. SECTION 11. FUNCTIONS OF THE SECRETARIAT. - The functions of the Secretariat shall include the following: a) Provide secretariat, records keeping and other services to the Board and the Committee; b) Review, and process applications, matching proposals, placements, and all documents requiring action by the Board; c) Maintain and facilitate communications with the Committee and the different government offices, non governmental agencies, Central Authorities (CAs), Foreign Adoption Agencies (FAAs), and the Department of Foreign Affairs (DFA) or Philippine Foreign Service Posts and the general public; d) Review accreditation and authorization applications and status of agencies for action by the Board; e) Perform such other duties as the Board may direct. ARTICLE V INTER-COUNTRY ADOPTION PLACEMENT COMMITTEE SECTION 12. COMPOSITION. - The Board shall maintain two (2) teams for the Placement Committee with the following representations for each team of consultants: a child psychiatrist or psychologist, a medical doctor, a lawyer, a registered social worker, and a representative of a

nongovernmental organization engaged in child welfare. The two (2) teams of the Placement Committee shall be scheduled to attend the Matching Conference alternately once a week. Provided, that in every matching conference, there must be a quorum of three (3) members. The Board shall appoint qualified persons who shall serve in the Committee for a term of two (2) years which may be renewed twice at the discretion of the Board. SECTION 13. FUNCTIONS OF THE COMMITTEE. - The Committee shall have the following functions: a. Carry-out an integrated system and network of selection and matching of applicants and children. b. Recommend to the Board approval of applications and matching proposals. c. Assist the Board in its accreditation function. d. Act as consultants to the Secretariat in their area/field of expertise. e. Perform such other functions and duties as may be determined by the Board. SECTION 14. ALLOWANCES OF COMMITTEE MEMBERS. - A Committee member shall receive an honorarium which shall be determined by the Board subject to the usual accounting and auditing rules and regulations. SECTION 15. RULES AND PROCEDURES. - The Committee shall submit, for the approval of the Board, its internal rules and procedures and any amendments thereafter. SECTION 16. MEETINGS. - The Committee shall meet regularly or upon the call of the Board. ARTICLE VI AUTHORIZATION AND ACCREDITATION SECTION 17. LOCAL CHILD CARING AND CHILD PLACING AGENCIES. - Only local child caring and placing agencies accredited by the Department and with personnel and facilities to undertake comprehensive child welfare program can participate in the inter-country adoption program. Child caring agencies/child placing agencies are required to apply for their accreditation by the Department within one (1) year from the date of issuance of their license. The Board authorizes the Department to accredit child caring agencies/child placing agencies to participate in the inter-country adoption program. SECTION 18. FOREIGN ADOPTION AGENCIES. - Foreign adoption agencies from both Contracting States and Non-Contracting States can participate in the Philippine Inter-country Adoption program. An authorization is granted by the Board to a foreign adoption agency coming from a Contracting State. The Central Authorities of Contracting States may adopt a system of

cooperation to implement the process of authorization. An accreditation is granted by the Board to a foreign adoption agency coming from NonContracting States. The authorization or accreditation by the Board may be issued upon submission of the following documentary requirements: a. A license and/or accreditation or authorization from its government to operate as an adoption agency to carry out inter-country adoptions; b. Name and qualifications of the members of the Board of Directors, senior officers and other staff involved in inter-country adoption; c. Detailed description of its programs and services, research studies and publications; d. Audited financial report of the last two (2) years including sources of funds, adoption fees and charges; e. Undertaking under oath that it shall assume responsibility for the selection of qualified applicants; that it shall comply with the Philippine laws on inter-country adoption; that it shall inform the Board of any change in the foregoing information; and shall comply with post adoption requirements as specified by the Board; and f. Such other requirements which the Board may deem necessary in the best interests of the child. The abovementioned documents, written, and in the proper case officially translated to English, and whenever practicable, authenticated by Philippine Consular authorities, shall be submitted to the Board. SECTION 19. AUTHORIZATION AND ACCREDITATION PROCESS FOR FOREIGN ADOPTION AGENCIES. - The designated Board Member/s or duly-authorized representative/s of the Board may conduct an authorization or accreditation visit to foreign adoption agencies from Contracting States and Non-Contracting States. The Board shall determine if the authorization or accreditation can be done through desk review of submitted documents or through ocular visit. Guidelines established by the Board shall apply. SECTION 20. RENEWAL OF AUTHORIZATION/ACCREDITATION. - An FAA shall notify the Board of its interest in renewing its authorization/accreditation at least sixty (60) days before the expiration of its authorization/accreditation. The Board shall act on its application for renewal within thirty (30) working days upon receipt. When there are violations or complaints against the FAA, in which case, appropriate action shall be undertaken by the Board. SECTION 21. ACCREDITATION AND AUTHORIZATION COSTS. – The foreign adoption agency (FAA) upon

application for accreditation, authorization or its renewal, shall pay a fee which will be determined by the Board and which shall be utilized for expenses relative to the Board’s accreditation and/or authorization visit to the foreign adoption agency/ies of the Contracting or Non-Contracting State and other related activities of the Board. SECTION 22. LIAISON SERVICES. - Only a non-profit licensed and accredited child caring or child placing agency shall be authorized to serve as liaison of a foreign adoption agency with its dealings with the Board. The Board shall periodically review the liaison services of the agency and may terminate any such service when, after a thorough evaluation, the agency is proven to have violated the requirements under these Rules. The agency concerned shall be given prior notice as provided for in Section 23. ARTICLE VII SUSPENSION OR REVOCATION OF AUTHORIZATION OR ACCREDITATION SECTION 23. GROUNDS. - The Board shall suspend or revoke the authorization or accreditation of a foreign adoption agency if shown to have engaged in any of the following acts: a) Giving or accepting directly or indirectly, any consideration, money, goods or services in exchange for an allocation of a child in violation of the Rules; b) Misrepresenting or concealing any vital information required under the Rules; c) Offering money, goods or services to any member, official or employee, or representative of the Board, to give preference in the adoption process to any applicant; d) Advertising or publishing the name or photograph of a child for adoption to influence any person to apply for adoption. However, in cases of hard to place children where Special Home Finding efforts may have to be undertaken, guidelines shall be promulgated by the Board. e) Failure to perform any act required under the Rules which results in prejudice to the child or applicant; f) Appointing or designating any liaison or agent without the prior approval of the Board; and g) Any other act in violation of the provisions of the Act, the implementing rules and regulations and other related laws or issuances of the Board. In case of local child caring agencies/child placing agencies, the disciplinary proceedings shall be done through the Department. Rules of the Department shall apply. Any criminal acts committed by the agency or any of its personnel shall be dealt with in accordance with existing laws. SECTION 24. WHO MAY INITIATE ACTION

TO SUSPEND OR REVOKE AUTHORIZATION OR ACCREDITATION.- The Board, motu proprio, or upon receipt of a written complaint, or information regarding any violation or irregularity by a foreign adoption agency, may order the initial inquiry on the agency. If the report, complaint or request for investigation has legal and factual basis, the Board shall furnish the agency concerned with the copy of the report, complaint or request and shall require the same to answer within fifteen (15) working days from receipt of notice. Failure to answer within the required period shall be considered as ground for summary suspension or revocation of the accreditation/authorization of the foreign adoption agency. In cases involving local child caring agencies/child placing agencies, the Board shall endorse the complaints to the Department for appropriate action within fifteen (15) working days. Rules and regulations in handling complaints established by the Department shall apply. SECTION 25. PROCEDURES FOR SUSPENSION OR REVOCATION OF AUTHORIZATION/ACCREDITATION OF FOREIGN ADOPTION AGENCY. - Upon receipt of the answer, the Board shall study the case and may refer the same to the concerned Central Authority or government regulatory agency of the State or country where the agency operates for comment/s. Depending on the gravity of the violation charged, The Board may preventively suspend for a maximum of 90 working days, any dealings with the agency concerned during pendency of the investigation, provided that no child shall be prejudiced by such action. Upon termination of the review and study of the case by the Board, the decision of the Board shall be communicated in writing to the concerned agency and the concerned Central Authority or government regulatory agency of the State or country where the agency operates. ARTICLE VIII INTER-COUNTRY ADOPTION PROCESS SECTION 26. WHO MAY BE ADOPTED.- Any child who has been voluntarily or involuntarily committed to the Department as dependent, abandoned or neglected pursuant to the provisions of the Child and Youth Welfare Code may be the subject of Inter-Country Adoption; Provided that in the case of a child who is voluntarily committed, the physical transfer of said child shall be made not earlier than six (6) months from the date of execution of the Deed of Voluntary Commitment by the child’s biological

parent/s or guardian. Provided further, however, that this prohibition against physical transfer shall not apply to children being adopted by a relative or to children with special medical conditions. SECTION 27. WHO MAY ADOPT. - Any foreign national or Filipino citizen permanently residing abroad who has the qualifications and none of the disqualifications under the Act may file an Application if he/she: a. Is at least twenty-seven (27) years of age and is at least sixteen (16) years older than the child to be adopted at the time of the filing of the application, unless the applicant is the parent by nature of the child to be adopted or is the spouse of such parent by nature; b. Has the capacity to act and assume all the rights and responsibilities incidental to parental authority under his/her national law; c. Has undergone appropriate counseling from an accredited counselor in his/her country; d. Has not been convicted of a crime involving moral turpitude; e. Is eligible to adopt under his/her national law; f. Can provide the proper care and support and give the necessary moral values and example to the child and, in the proper case, to all his/her other children; g. Comes from a country (i). With whom the Philippines has diplomatic relations; (ii). Whose government maintains a foreign adoption agency; and (iii). Whose laws allow adoption; and h. Files jointly with his/her spouse, if any, who shall have the same qualifications and none of the disqualifications to adopt as prescribed above. SECTION 28. REQUIRED DOCUMENTS OF APPLICANTS. – The following documents shall be required of the applicants for inter-country adoption. a) Application Form. An application form prescribed by the Board which includes the following shall be accomplished by the husband and wife: 1. Undertaking under oath signed by the applicants 2. Information and Personal Data of the Applicants b) Home Study Report to be prepared by the Central Authority or an ICAB accredited Foreign Adoption Agency. c) Supporting Documents. The supporting documents to be attached to the Application shall consist of the following: 1) Birth Certificates of the Applicants and, in cases of relative adoption, such relevant documents that establish the relationship between the applicant claiming relationship to the child to be adopted; 2) Marriage Contract of the applicants, and in the proper case, Decree of Divorce of all the previous marriages of both spouses; 3) Written consent

to the adoption in the form of a sworn statement by the biological and/or adopted children of the applicants who are ten (10) years of age or over; 4) Physical and medical evaluation by a duly licensed physician; 5) Psychological evaluation by a psychologist; 6) Latest income tax return or other documents showing the financial capability of the applicant; 7) Clearances issued by the Police Department or other proper government agency of the place where the applicants reside; 8) Character reference from the local church/minister, the applicant’s employer and a member of the immediate community who have known the applicant(s) for at least five (5) years; and 9) A Certification from the appropriate government agency that the applicant is qualified to adopt under his/her national law and that the child to be adopted is allowed to enter the country for trial custody and reside permanently in the said place once adopted; 10) Recent postcard size pictures of the applicant, their immediate family members and their home; and 11) Self-Report Questionnaire (required when the Psychological Evaluation is inadequate). SECTION 29. FEES, CHARGES AND ASSESSMENTS. - There shall be a fee to be determined by the Board upon filing of the application for adoption. Upon acceptance of the matching proposal, a corresponding fee shall be charged based on the schedule of fees fixed by the Board and communicated to all Central Authorities and Foreign Adoption Agencies. These and other fees shall be charged to support the operational expenses of the inter-country adoption program. Such fees, charges and assessments shall be indicated in the application form and communicated to all Central Authorities and foreign adoption agencies. SECTION 30. WHERE TO FILE APPLICATION. - The application shall be filed with the Board through the Central Authority or an accredited Foreign Adoption Agency (FAA) in the country where the applicant resides. Foreigners who file a petition for adoption in the Philippines under the Domestic Adoption Act of 1998 otherwise known as RA 8552, the Court, after finding the petition to be sufficient in form and substance and a proper case for intercountry adoption, shall immediately transmit the petition to the Board for appropriate action. The Board shall then act on the application following the procedures described in these Rules. SECTION 31. ROSTER OF APPROVED

APPLICANTS. - The Board shall establish a Roster of Approved Applicants to be updated at least quarterly. The Board shall act on each application within one (1) month from receipt thereof, provided the application and documentary requirements are complete. SECTION 32. ENDORSEMENT OF CHILD FOR INTER-COUNTRY ADOPTION. - A child who has been committed to the Department and who may be available for inter-country adoption shall be endorsed by the Department to the Board. The endorsement shall contain a certification by the Department that all possibilities for adoption of the child in the Philippines have been exhausted and that inter-country adoption is in the best interests of the child. In cases of relative adoption, a Certification issued by the DSWD Field Office Director together with the Child Study Report (CSR) and other supporting documents shall be endorsed to the Board. SECTION 33. CHILD’S SUPPORTING DOCUMENTS. - The following documents pertaining to the child shall be attached to the endorsement: a. Child Study and Updated Report (if CSR had been prepared more than six (6) months ago) prepared by the social worker of the DSWD or NGO Child Caring/Child Placing Agency at the time of matching shall include information about the child’s identity, upbringing, and ethnic, religious and cultural backgrounds, social environment, family history, medical history and special needs; b. Security Paper (SECPA) of the Birth or Foundling Certificate; c. Certified True Copy of the Decree of Abandonment together with the Certificate of Finality for such judgment or the Notarized Deed of Voluntary Commitment executed after the birth of the child; d. Certified True Copy of the Death Certificate of the child’s birthparent/s, if applicable; e. Updated medical evaluation and history of the biological family, if available, f. Psychological evaluation for children above five (5) years old or as may be deemed necessary by the ICPC; g. Child’s own written consent to adoption, if he/she is ten (10) years or older, witnessed by a social worker of the Child Caring/Placing Agency and after proper counseling; and h. Most recent whole body size picture of the child (taken within six (6) months upon submission of documents). If applicable, any physical impairment of the child should be visible in the picture. SECTION 34. ROSTER OF CHILDREN CLEARED FOR INTER-COUNTRY ADOPTION.- A Roster of Children endorsed by the

Department for inter-country adoption shall be prepared, maintained and updated by the Secretariat on a monthly basis. SECTION 35. MATCHING. - The matching of the child with an applicant shall be carried out during a matching conference by the Committee together with the head or social worker of the agency or the Secretariat social worker of the ICAB to whom the presentation is delegated . The Board shall set the guidelines for the manner by which the matching process shall be conducted. These are the matching procedures: a. Pre-Matching i. Review of Adoption Dossiers ii. Submission of Matching Proposal b. Matching Conference i. Presentation of the Social Worker ii. Deliberations iii. ICPC Recommendation c. Post Matching Conference i. Presentation by the ICAB Secretariat Social Worker ii. Board Action SECTION 36. APPROVAL OF MATCHING. - The Committee shall endorse the matching proposal to the Board for its approval or other appropriate action. The endorsement shall state the reasons for the Committee’s recommendation of the placement. SECTION 37. BOARD ACTION ON APPROVED MATCHING. - The Board shall immediately act on the matching proposal of the Committee. If the same is approved, a notice of matching shall be sent to the concerned Central Authority or foreign adoption agency within five (5) days from the date of approval and shall be accompanied by the following documents: a. Child Study Report and Updated Report (if CSR had been prepared more than six (6) months ago; b. Updated medical evaluation of the child and psychological evaluation, if applicable; c. Most recent whole body size picture of the child (taken within six (6) months upon submission of documents); and d. Itemized pre-adoptive placement costs. The applicant/s shall notify the Central Authority or Foreign Adoption Agency in writing of their decision on the matching proposal within fifteen (15) working days from receipt of said proposal. If the applicant needs additional information about the child and/or they need more time to arrive at a decision, an extension of thirty (30) working days may be granted. SECTION 38. NO CONTACT BETWEEN APPLICANT AND CHILD’S PARENTS. - No matching arrangement except under these Rules shall be made between the applicant and the child’s parents/guardians or custodians, nor shall any contact

between them concerning a particular child be done before the matching proposal of the Committee has been approved by the Board. This prohibition shall not apply in cases of adoption of a relative or in cases where the child’s best interests as determined by the Board is at stake. SECTION 39. PLACEMENT AUTHORITY. - The Board shall issue the Placement Authority within three (3) working days upon receipt of the applicant’s acceptance of the matching proposal and the corresponding fees from the Central Authority or the FAA. The Board shall transmit a copy of the Placement Authority to the Department of Foreign Affairs and to the Central Authority or FAA. SECTION 40. PRE-ADOPTIVE PLACEMENT COSTS. - Upon acceptance of the matching proposal, the applicant, through the Central Authority or the FAA, shall pay the expenses incidental to the pre-adoptive placement of the child, including the cost of the child’s travel, medical and psychological evaluation and other related expenses. SECTION 41. PRE-DEPARTURE PREPARATION OF THE CHILD. - After the issuance of the Placement Authority and prior to the departure, the child shall be prepared for his/her placement by the concerned Child Caring/Placing Agency to minimize the anxiety and trauma due to separation from the persons with whom the child may have formed attachments. Further, the preparation shall ensure that the child is physically able and emotionally ready to travel and to form new relationships. SECTION 42. PHYSICAL TRANSFER OF THE CHILD. - The adoptive parents or anyone of them shall personally fetch the child from the Philippines not later than twenty (20) working days after notice of issuance of the visa of the child for travel to the country where the applicant resides. The applicant shall stay in the country with the child for at least five (5) days to allow bonding to occur between and among them. Should the applicants be unable to fetch the child/children within the said period, a letter from the CA or FAA explaining such shall be required. The unauthorized failure of the applicant/s to fetch the child within said period may result in the cancellation of the Placement Authority. SECTION 43. FAILURE OF THE PHYSICAL TRANSFER TO OCCUR. - In case the adoption of the child is not pursued during the applicant’s period of stay in the country, the Board and the concerned Child Caring Agency shall be duly notified by the applicant.

Appropriate steps shall be undertaken by the Board to ensure that the best interest of the child is protected. The Board shall immediately inform the Central Authority and/or the FAA about the decision of the applicants to leave the child/children behind. All travel documents of the child shall be turned over by the applicants to the Secretariat before returning to their country. In accordance with Article 19 (3) of the Hague Convention, the applicants’ documents shall be returned to the Central Authority or FAA concerned. SECTION 44. TRANSFER OF CUSTODY OF THE CHILD. - Trial custody shall start upon physical transfer of the child to the applicant who, as custodian, shall exercise substitute parental authority over the person of the child. SECTION 45. SUPERVISION OF PRE-ADOPTIVE PLACEMENT.- The Central Authority and/or the FAA of the State to which the child has been transferred shall supervise and monitor the placement of the child with the applicants, maintaining communication with the applicants from the time the child leaves the Philippines up to the time adoption is finalized. The FAA shall be responsible for the pre-adoptive placement, care and family counseling of the child for at least six (6) months from his/her arrival in the residence of the applicant/s, when applicable. During the pre-adoptive placement, the FAA shall furnish the Board with quarterly reports on the child’s health, psycho-social adjustment, and relationship with the applicant/s. The report shall also include updated information regarding the applicants’ personal circumstances, if any. The Board shall furnish the child’s CCA a copy of the reports. Relative adoptions are subject to the same requirements under this Section. SECTION 46. EMERGENCY INTERVENTION AND REPORT. - During the trial custody period, the Central Authority and/or the FAA shall immediately notify the Board if any serious ailment, injury or abuse is suffered by the child from the adoptive parent(s) or from other household members or the adoptive parent/s suffer from any serious ailment or injury that will make the adoption untenable. The Central Authority and/or the FAA shall take the following measures to protect the child: a. Medical/psychological interventions; b. Emergency foster care; and c. Respite care. A report shall be submitted to the Board within seventy-two (72) hours, to include the nature of the injury and the interventions provided. In the event that all efforts to

restore the parent-child relationship between the child and the applicant/s fail, Sections 48 and 49 of these Rules shall apply. SECTION 47. DISRUPTION AND TERMINATION OF PLACEMENT. - In the event of serious damage in the relationship between the child and the applicant/s where the continued placement of the child is not in his/her best interests, the Central Authority and/or the FAA shall take the necessary measures to protect the child, in particular, to cause the child to be withdrawn from the applicant/s and to arrange for his/her temporary care. The Central Authority and/or FAA shall exhaust all means to remove the cause of the unsatisfactory relationship which impedes or prevents the creation of a mutually satisfactory adoptive relationship. A complete report should be immediately forwarded to the Board with actions taken as well as recommendations and appropriate plans. Based on the report, the Board may terminate the pre-adoptive relationship. In every instance, the collaboration between and among the Central Authority and/or the FAA and the Board shall be carried out to ensure the protection of the child. SECTION 48. NEW PLACEMENT FOR CHILD. - In the event of termination of the preadoptive relationship, the Board shall identify from the Roster of Approved Applicants a suitable family with whom to place the child. The Central Authority and/or the FAA may also propose a replacement family whose application shall be filed for the approval of the Board. No adoption shall take place until after the Board has approved the application of such replacement family. Taking into consideration the age and degree of maturity of the child, he or she shall be consulted and, when appropriate, his or her consent shall be obtained. In the entrustment of the child to a replacement family, Section 39 and Sections 44-46 of these Rules shall apply. A foster family who eventually decides to adopt the child under its care shall comply with the requirements of Sections 26-30 and Sections 34-36 of these Rules. SECTION 49. REPATRIATION OF THE CHILD. - If the Board, in coordination with the Central Authority and/or the FAA is unable to find a suitable replacement family for the child within a reasonable period after the termination of the pre-adoptive relationship, the Board, as a last resort, shall arrange for the child’s repatriation. The current prospective adoptive parents through the CA/FAA shall shoulder the cost of the child’s

repatriation. The Board shall inform the Department, the Child Caring/Placing Agency concerned and the Department of Foreign Affairs of the decision to repatriate the child. SECTION 50. CONSENT TO ADOPTION. - If a satisfactory pre-adoptive relationship is formed between the applicant/s and the child, the Board shall transmit an Affidavit of Consent to the Adoption executed by the Department to the Central Authority and/or the FAA within fifteen (15) days after receipt of the last post placement report. SECTION 51. FILING OF PETITION FOR ADOPTION. - The Central Authority and/or the FAA shall ensure that the applicant/s file the appropriate petition for the adoption of the child to the proper court or tribunal or agency in accordance with their national law. SECTION 52. DECREE OF ADOPTION. - A copy of the final Decree of Adoption or its equivalent, including the Certificate of Citizenship/Naturalization, whenever applicable, shall be transmitted by the Central Authority and/or the FAA to the Board within one (1) month after its issuance. The Board shall require the recording of the final judgment in the appropriate Philippine Civil Registry. SECTION 53. DISMISSAL OF PETITION FOR ADOPTION. - In case of dismissal or disapproval of the petition for adoption by the foreign tribunal or agency filed by the applicant, the procedures under Sections 48, 49 and 50 shall apply. SECTION 54. POST ADOPTION SERVICES. - The Board shall allocate funds for Post Adoption Services and Research. It shall also establish guidelines to cover this program. ARTICLE IX CONFIDENTIALITY SECTION 55. RECORDS. - All records relating to adoption cases and proceedings shall be kept confidential. No information thereof shall be released without written authority from the Board or from any of the following: a. The adopted person of legal age; b.The guardian of the adopted person if still a minor or under guardianship; c. The adopted person’s duly authorized representative; d.The court or proper public official whenever necessary in an administrative, judicial or other official proceeding to determine the identity of the parent or parents or of the circumstances surrounding the birth of the adopted person; or e. The nearest of kin, e.g. spouse, adoptive parent(s), direct descendant(s), etc. in case of the death of the adopted person. SECTION 56. PRESERVATION OF INFORMATION.- The Board shall ensure that

information held by them concerning the origin of the adopted person, in particular the identity of his/her biological parents, as well as his or her medical history is preserved for life. The Central Authority, the Competent Authority of a Contracting State, the FAAs and the Board shall ensure that the adopted person or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State. ARTICLE X PENALTIES SECTION 57. PENALTIES.- Any violation of the provisions of RA 8043 and/or these Implementing Rules and Regulations shall be penalized in accordance with Art. IV Sections 16 and 17 of the Act. An adoption shall be presumed illegal if: a.The consent for an adoption was acquired through, or attended by coercion, fraud, or improper material inducement; b.There is no authority from the Board to effect adoption; or c. If the child to be adopted is subjected or exposed to danger, abuse and exploitation. ARTICLE XI FINAL PROVISIONS SECTION 58. INTERPRETATION OF THE PROVISIONS OF THE RULES. - Any doubt or vagueness in the provisions of these Rules shall be interpreted in consideration of the best interests of the child. SECTION 59. REPEALING CLAUSE. - These Rules shall supersede any other rules and regulations on the Inter-Country Adoption of Filipino Children. SECTION 60. SEPARABILITY CLAUSE. - The declaration of invalidity of any provision of these Rules or part thereof shall not affect the validity of the remaining provisions. SECTION 61. EFFECTIVITY CLAUSE. - These Amended Rules shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. Approved on the March 13 in the year of the Lord Two Thousand and Seven. INTER-COUNTRY ADOPTION BOARD ESPERANZA ICASAS-CABRAL CHAIRPERSON LUWALHATI F. PABLO ALTERNATE CHAIRPERSON MA. LYRA T. DEL CASTILLO GWENDOLYN P. GANA Licensed Social Worker Lawyer MA. ANGELES P. FULLERTON ERIC HENRY JOSEPH F. MALLONGA NGO Representative Lawyer AIDA L. MUNCADA, MD Psychiatrist Published in two (2) leading newspapers on March 23, 2007 (Manila Standard) and on April 1, 2007 (The Philippine Daily Inquirer). This Amended Implementing Rules and Regulations took effect on April 16, 2007.

Republic of the PhilippinesSUPREME COURT

Manila

A.M. No. 03-04-04-SC             April 22, 2003

RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS

IN RELATION TO CUSTODY OF MINORS

RESOLUTION

Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors, the Court Resolved to APPROVE the same.

The Rule shall take effect on May 15, 2003 following its publication in a newspaper of general circulation not later than April 30, 2003.

April 22, 2003

Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and Azcuna, JJ., concur.Quisumbing, J., on official leave.

RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS

IN RELATION TO CUSTODY OF MINORS

SECTION 1. Applicability. - This rule shall apply to petitions for custody of minors and writs of habeas corpus in relation thereto.

The Rules of Court shall apply suppletorily.

Section 2. Petition for custody of minors; who may file.- A verified petition for the rightful custody of a minor may be filed by any person claiming such right. The party against whom it may be filed shall be designated as the respondent.

Section 3. Where to file petition. - The petition for custody of minors shall be filed with the Family Court of the province or city where the petitioner resides or where the minor may be found.

Section 4. Contents of petition. - The verified petition shall allege the following:

(a) The personal circumstances of the petitioner and of the respondent;

(b) The name, age and present whereabouts of the minor and his or her relationship to the petitioner and the respondent;

(c) The material operative facts constituting deprivation of custody; and

(d) Such other matters which are relevant to the custody of the minor.

The verified petition shall be accompanied by a certificate against forum shopping, which the petitioner must sign personally.

Section 5. Summons; personal service on respondent. - If the court is satisfied that the petition is sufficient in form and substance, it shall direct the clerk of court to issue summons, which shall be served together with a copy of the petition personally on the respondent.

Section 6. Motion to Dismiss. - A motion to dismiss the petition is not allowed except on the ground of lack of jurisdiction over the subject matter or over the parties. Any other ground that might warrant the dismissal of the petition may be raised as an affirmative defense in the answer.

Section 7. Verified Answer. - The respondent shall file an answer to the petition, personally verified by him, within five days after service of summons and a copy of the petition.

Section 8. Case study; duty of social worker. - Upon the filing of the verified answer or the expiration of the period to file it, the court may order a social worker to make a case study of the minor and the parties and to submit a report and recommendation to the court at least three days before the scheduled pre-trial.

Section 9. Notice of mandatory pre-trial. - Within fifteen days after the filing of the answer or the expiration of the period to file answer, the court shall issue an order: (1) fixing a date for the pre-trial conference; (2) directing the parties to file and serve their respective pre-trial briefs in such manner as shall ensure receipt thereof by the adverse party at least three days before the date of pre-trial; and (3) requiring the respondent to present the minor before the court.

The notice of its order shall be served separately on both the parties and their respective counsels. The pre-trial is mandatory.

Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain the following:

(a) A statement of the willingness of the parties to enter into agreements that may be allowed by law, indicating its terms;

(b) A concise statement of their respective claims together with the applicable laws and authorities;

(c) Admitted facts and proposed stipulations of facts;

(d) The disputed factual and legal issues;

(e) All the evidence to be presented, briefly stating or describing its nature and purpose;

(f) The number and names of the witnesses and their respective affidavits which shall serve as the affiant's testimony on direct examination; and

(g) Such other matters as the court may require to be included in the pre-trial brief.

Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to appear at the pre-trial.

Section 11. Effect of failure to appear at the pre-trial.-(a) If the petitioner fails to appear personally at the pre-trial, the case shall be dismissed, unless his counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner.

(b) If the respondent has filed his answer but fails to appear at the pre-trial, the petitioner shall be allowed to present his evidence ex parte. The court shall then render judgment on the basis of the pleadings and the evidence thus presented.

Section 12. What may be done at pre-trial. - At the pre-trial, the parties may agree on the custody of the minor. If the parties fail to agree, the court may refer the matter to a mediator who shall have five days to effect an agreement between the parties. If the issue is not settled through mediation, the court shall proceed with the pre-trial conference, on which occasion it shall consider such other matters as may aid in the prompt disposition of the petition.

Section 13. Provisional order awarding custody. - After an answer has been filed or after expiration of the period to file it, the court may issue a provisional order awarding custody of the minor. As far as practicable, the following order of preference shall be observed in the award of custody:

(a) Both parents jointly;

(b) Either parent, taking into account all relevant considerations, especially the choice of the minor over seven years of age and of sufficient discernment, unless the parent chosen is unfit;

(c) The grandparent, or if there are several grandparents, the grandparent chosen by the minor over seven years of age and of sufficient discernment, unless the grandparent chosen is unfit or disqualified;

(d) The eldest brother or sister over twenty-one years of age, unless he or she is unfit or disqualified;

(e) The actual custodian of the minor over twenty-one years of age, unless the former is unfit or disqualified; or

(f) Any other person or institution the court may deem suitable to provide proper care and guidance for the minor.

Section 14. Factors to consider in determining custody. - In awarding custody, the court shall consider the best interests of the minor and shall give paramount consideration to his material and moral welfare. The best interests of the minor refer to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor.

The court shall also consider the following:

(a) Any extrajudicial agreement which the parties may have bound themselves to comply with respecting the rights of the minor to maintain direct contact with the non custodial parent on a regular basis, except when there is an existing threat or danger of physical, mental, sexual or emotional violence which endangers the safety and best interests of the minor;

(b) The desire and ability of one parent to foster an open and loving relationship between the minor and the other parent;

(c) The health, safety and welfare of the minor;

(d) Any history of child or spousal abuse by the person seeking custody or who has had any filial relationship with the minor, including anyone courting the parent;

(e) The nature and frequency of contact with both parents;

(f) Habitual use of alcohol, dangerous drugs or regulated substances;

(g) Marital misconduct;

(h) The most suitable physical, emotional, spiritual, psychological and educational environment for the holistic development and growth of the minor; and

(i) The preference of the minor over seven years of age and of sufficient discernment, unless the parent chosen is unfit.

Section 15. Temporary visitation rights. - The court shall provide in its order awarding provisional custody appropriate visitation rights to the non-custodial parent or parents, unless the court finds said parent or parents unfit or disqualified.

The temporary custodian shall give the court and non custodial parent or parents at least five days' notice of any plan to change the residence of the minor or take him out of his residence for more than three days provided it does not prejudice the visitation rights of the non-custodial parent or parents.

Section 16. Hold Departure Order. - The minor child subject of the petition shall not be brought out of the country without prior order from the court while the petition is pending.

The court, motu proprio or upon application under oath, may issue ex parte a hold departure order, addressed to the Bureau of Immigration and Deportation, directing it not to allow the departure of the minor from the Philippines without the permission of the court.

The Family Court issuing the hold departure order shall furnish the Department of Foreign Affairs and the Bureau of Immigration and Deportation of the

Department of Justice a copy of the hold departure order within twenty-four hours from its issuance and through the fastest available means of transmittal.

The hold departure order shall contain the following information:

(a) The complete name (including the middle name), the date and place of birth, the nationality and the place of last residence of the person against whom a hold departure order has been issued or whose departure from the country has been enjoined;

(b) The complete title and docket number of the case in which the hold departure order was issued;

(c) The specific nature of the case;

(d) The date of the hold departure order; and

(e) A recent photograph, if available, of the party against whom a hold departure order has been issued or whose departure from the country has been enjoined.

The court may recall the hold departure order motu proprio, or upon verified motion of any of the parties after summary hearing, subject to such terms and conditions as may be necessary for the best interests of the minor.

Section 17. Protection Order. - The court may issue a Protection Order requiring any person:

(a) To stay away from the home, school, business, or place of employment of the minor, other parent or any other party, or from any other specific place designated by the court;

(b) To cease and desist from harassing, intimidating, or threatening such minor or the other parent or any person to whom custody of the minor is awarded;

(c) To refrain from acts of commission or omission that create an unreasonable risk to the health, safety, or welfare of the minor;

(d) To permit a parent, or a party entitled to visitation by a court order or a separation agreement, to visit the minor at stated periods;

(e) To permit a designated party to enter the residence during a specified period of time in

order to take personal belongings not contested in a proceeding pending with the Family Court; and

(f) To comply with such other orders as are necessary for the protection of the minor.

Section 18. Judgment. - After trial, the court shall render judgment awarding the custody of the minor to the proper party considering the best interests of the minor.

If it appears that both parties are unfit to have the care and custody of the minor, the court may designate either the paternal or maternal grandparent of the minor, or his oldest brother or sister, or any reputable person to take charge of such minor, or commit him to any suitable home for children.

In its judgment, the court may order either or both parents to give an amount necessary for the support, maintenance and education of the minor, irrespective of who may be its custodian. In determining the amount of support, the court may consider the following factors: (1) the financial resources of the custodial and non-custodial parent and those of the minor; (2) the physical and emotional health, special needs, and aptitude of the minor; (3) the standard of living the minor has been accustomed to; and (4) the non-monetary contributions that the parents would make toward the care and well-being of the minor.

The court may also issue any order that is just and reasonable permitting the parent who is deprived of the care and custody of the minor to visit or have temporary custody.

Section 19. Appeal. - No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within fifteen days from notice of judgment.

An aggrieved party may appeal from the decision by filing a Notice of Appeal within fifteen days from notice of the denial of the motion for reconsideration or new trial and serving a copy thereof on the adverse parties.

Section 20. Petition for writ of habeas corpus. - A verified petition for a writ of habeas corpus involving custody of minors shall be filed with the Family Court. The writ shall be enforceable within its judicial region to which the Family Court belongs.

However, the petition may be filed with the regular court in the absence of the presiding judge of the Family Court, provided, however, that the regular

court shall refer the case to the Family Court as soon as its presiding judge returns to duty.

The petition may also be filed with the appropriate regular courts in places where there are no Family Courts.

The writ issued by the Family Court or the regular court shall be enforceable in the judicial region where they belong.

The petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of its members and, if so granted, the writ shall be enforceable anywhere in the Philippines. The writ may be made returnable to a Family Court or to any regular court within the region where the petitioner resides or where the minor may be found for hearing and decision on the merits.

Upon return of the writ, the court shall decide the issue on custody of minors. The appellate court, or the member thereof, issuing the writ shall be furnished a copy of the decision.

Section 21. Confidentiality of proceedings. - The hearings on custody of minors may, at the discretion of the court, be closed to the public and the records of the case shall not be released to non-parties without its approval.

Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 following its publication in a newspaper of general circulation not later than April 30, 2003.

RULE ON CUSTODY OF MINORS & WRIT OF HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS (A.M. 03-04-04-SC)

Requisites to Avail of the Remedy

1. Petitioner must have the right of custody

over the minor;

2. Such custody is being withheld from

petitioner by respondent; and

3. It is in the best interest of the minor to be

in the petitioner’s custody rather than the

respondent’s

(Sombong v. CA, 252 SCRA 663)

Who May File

It may be brought by any person claiming the

right of custody (§ 2)

Where to File

1. In the Family Court where the petitioner

resides or where the minor may be found.

(§ 3)

2. In the regular courts in the absence of the

presiding judge in the Family Court or in

places where there no Family Courts. (§

20)

3. The Supreme Court, Court of Appeals, or

any of its members. (§ 20)

Hearings

At the discretion of the court, the hearings may

be closed to the public and the records of the

case shall not be released to non-parties without

court approval. (§ 21)

The case will be dismissed if the petitioner or his

representative fails to appear. If the respondent

fails to appear after filing an answer, the court

will allow the presentation of evidence ex parte.

Provisional Award of Custody

The provisional award of custody follows this

order of preference (§ 13):

1. Both parents jointly;

2. Either parent (subject to minor’s choice if

over 7 years old and of sufficient

discernment)

3. Grandparent (subject to minor’s choice if

over 7 years old and of sufficient

discernment)

4. Eldest sibling (over 21 years old)

5. Actual custodian (over 21 years old)

6. Any person or institution deemed suitable

by the court.

In its award of provisional custody, the court shall

also provide temporary visitation rights for the

non-custodial parent. (§ 15)

Interim Remedies

1. Hold Departure Order (§ 16)

The minor child subject of the petition

shall not be brought out of the country

without prior order from the court while

the petition is pending.

The court, motu proprio or upon

application under oath, may issue ex parte

a hold departure order, addressed to the

Bureau of Immigration and Deportation,

directing it not to allow the departure of

the minor from the Philippines without the

permission of the court.

The Family Court issuing the hold

departure order shall furnish the

Department of Foreign Affairs and the

Bureau of Immigration and Deportation of

the Department of Justice a copy of the

hold departure order within twenty-four

hours from its issuance and through the

fastest available means of transmittal.

2. Protection Order (§ 17)

The court may issue a Protection Order

requiring any person:

(a) To stay away from the home, school,

business, or place of employment of the

minor, other parent or any other party, or

from any other specific place designated

by the court;

(b) To cease and desist from harassing,

intimidating, or threatening such minor or

the other parent or any person to whom

custody of the minor is awarded;

(c) To refrain from acts of commission or

omission that create an unreasonable risk

to the health, safety, or welfare of the

minor;

(d) To permit a parent, or a party entitled

to visitation by a court order or a

separation agreement, to visit the minor

at stated periods;

(e) To permit a designated party to enter

the residence during a specified period of

time in order to take personal belongings

not contested in a proceeding pending

with the Family Court; and

(f) To comply with such other orders as

are necessary for the protection of the

minor.

Judgment

The custody shall be awarded to the proper party

after taking into account the best interests of the

child.

Likewise, the judgment may order the parent/s to

provide support, maintenance, or education to

the minor. Moreover, it may also order the non-

custodial parent to have visitation rights or

temporary custody. (§ 18)

The general is that parents should have custody

over their minor. But the State has the right to

intervene where the parents, rather than care for

such children, treat them cruelly and abusively,

impairing their growth and well-being and leaving

them emotional scars that they carry throughout

their lives unless they are liberated from such

parents and property counseled. (In the Matter of

the Petition for Habeas Corpus of Minor Shang Ko

Vingson Yu, UDK No. 14817, Jan. 13, 2014)

A motion to dismiss may only be allowed on the

ground of lack of jurisdiction. (§ 6)

Appeal

An appeal shall be taken by means of a Notice of

Appeal. However, no appeal will be taken without

prior filing of a motion for reconsideration or

motion for new trial within 15 days from receipt

of the judgment. (§ 19)

A.M. No. 02-11-10-SC             March 4, 2003

RE: PROPOSED RULE ON DECLARATION OF

ABSOLUTE NULLITY OF VOID MARRIAGES

AND ANNULMENT OF VOIDABLE MARRIAGES

R E S O L U T I O N

          Acting on the letter of the Chairman of the

Committee on Revision of the Rules of Court

submitting for this Court's consideration and

approval the Proposed Rule on Declaration of

Absolute Nullity of Void Marriages and Annulment

of Voidable Marriages, the Court Resolved to

APPROVE the same.

          The Rule shall take effect on March 15,

2003 following its publication in a newspaper of

general circulation not later than March 7, 2003

          March 4, 2003

Davide, C.J. Bellosillo, Puno, Vitug Mendoza,

Panganiban, Quisumbing, Sandoval-Gutierrez,

Carpio, Austria-Martinez, Carpio Morales, Callejo,

Sr. and Azcuna

Ynares-Santiago, on leave

Corona, on official leave

RULE ON DECLARATION OF ABSOLUTE

NULLITY OF VOID MARIAGES AND

ANNULMENT OF VOIDABLE MARRIAGES

Section 1. Scope - This Rule shall govern

petitions for declaration of absolute nullity of void

marriages and annulment of voidable marriages

under the Family Code of te Philippines.

          The Rules of Court shall apply suppletorily.

Section 2. Petition for declaration of absolute

nullity of void marriages.

(a) Who may file. - A petition for declaration of

absolute nullity of void marriage may be filed

solely by the husband or the wife. (n)

(b) Where to file. - The petition shal be filed in the

Family Court.

(c) Imprecriptibility ofaction or defense. - An

Action or defense for the declaration of absolute

nullity of void marriage shall not prescribe.

(d) What to allege. - A petition under Article 36 of

Family Code shall specially allege te complete

facts showing the either or both parties were

psychologically incapacitated from complying

with the essential marital obligations of

marriages at the time of the celebration of

marriage even if such incapacity becomes

manifest only after its celebration.

          The complete facts should allege the

physical manifestations, if any, as are indicative

of psychological incapacity at the time of the

celebration of the marriage but expert opinion

need not be alleged.

Section 3. Petition for annulment of voidable

marriages. -

(a) Who may file. - The following persons may file

a petition for annulment of voidable marriage

based on any of the grounds under article 45 of

the Family Code and within the period herein

indicated:

(1) The contracting party whose parent, or

guardian, or person exercising substitute parental

authority did not give his or her consent, within

five years after attaining the age of twenty-one

unless, after attaining the age of twenty-one,

such party freely cohabitated with the other as

husband or wife; or the parent, guardian or

person having legal charge of the contracting

party , at any time before such party has reached

the age of twenty-one;

(2) The sane spouse who had no knowledge of

the other's insanity; or by any relative, guardian,

or person having legal charge of the insane, at

any time before the death of either party; or by

the insane spouse during the a lucid interval or

after regaining sanity, provided that the

petitioner , after coming to reason, has not freely

cohabited with the other as husband or wife;

(3) The injured party whose consent was obtained

by fraud, within five years after the discovery of

the fraud, provided that said party, with full

knowledge of the facts constituting the fraud, has

not freely cohabited with the other as husband or

wife;

(4) The injured party whose consent was obtained

by force, intimidation, or undue influence, within

five years from the time the force intimidation, or

undue influence disappeared or ceased, provided

that the force, intimidation, or undue influence

having disappeared or ceased, said party has not

thereafter freely cohabited with the other as

husband or wife;

(5) The injured party where the other spouse is

physically incapable of consummating the

marriage with the other and such incapability

continues and appears to be incurable, within five

years after the celebration of marriage; and

(6) Te injured party where the other party was

afflicted with a sexually-transmissible disease

found to be serious and appears to be incurable,

within five years after the celebration of

marriage.

(b) Where to file. - The petition shall be filed in

the Family Court.

Section 4. Venue. - The Petition shall be filed in

the Family Court of the province or city where the

petitioner or the respondent has been residing for

at least six months prior to the date of filing. Or in

the case of non-resident respondent, where he

may be found in the Philippines, at the election of

the petitioner.

Section 5. Contents and form of petition. - (1)

The petition shall allege the complete facts

constituting the cause of action.

(2) It shall state the names and ages of the

common children of the parties and specify the

regime governing their property relations, as well

as the properties involved.

          If there is no adequate provision in a

written agreement between the parties, the

petitioner may apply for a provisional order for

spousal support, the custody and support of

common children, visitation rights, administration

of community or conjugal property, and other

matters similarly requiringurgent action.

(3) It must be verified and accompanied

celebration of marriage. (b) Where to file.-The

petition shall be filed in the Family Court.

Section 4. Venue. - The petition shall be filed in

the Family Court of the province or city where the

petitioner or the respondent has been residing for

at least six months prior to the date of filing, or in

the case of a non-resident respondent, where he

may be found in the Philippines at the election of

the petitioner.

Section 5. Contents and form of petition. - (1)

The petition shall allege the complete facts

constituting the cause of action.

(2) it shall state the names and ages of the

common children of the parties and specify the

regime governing their property relations, as well

as the properties involved.

          If there is no adequate provision in a

written agreement between the parties, the

petitioner may apply for a provisional order for

spousal support, custody and support of common

children, visitation rights, administration of

community or conjugal property, and other

matters similarly requiring urgent action.

(3) it must be verified and accompanied by a

certification against forum shopping. The

verification and certification must be signed

personally by me petitioner. No petition may be

filed solely by counsel or through an attorney-in-

fact.

          If the petitioner is in a foreign country, the

verification and certification against forum

shopping shall be authenticated by the duly

authorized officer of the Philippine embassy or

legation, consul general, consul or vice-consul or

consular agent in said country.

(4) it shall be filed in six copies. The petitioner

shall serve a copy of the petition on the Office of

the Solicitor General and the Office of the City or

Provincial Prosecutor, within five days from the

date of its filing and submit to the court proof of

such service within the same period.

          Failure to comply with any of the preceding

requirements may be a ground for immediate

dismissal of the petition.

Section 6. Summons. - The service of summons

shall be governed by Rule 14 of the Rules of

Court and by the following rules:

(1) Where the respondent cannot be located at

his given address or his whereabouts are

unknown and cannot be ascertained by diligent

inquiry, service of summons may, by leave of

court, be effected upon him by publication once a

week for two consecutive weeks in a newspaper

of general circulation in the Philippines and in

such places as the court may order In addition, a

copy of the summons shall be served on the

respondent at his last known address by

registered mail or any other means the court may

deem sufficient.

(2) The summons to be published shall be

contained in an order of the court with the

following data: (a) title of the case; (b) docket

number; (c) nature of the petition; (d) principal

grounds of the petition and the reliefs prayed for;

and (e) a directive for the respondent to answer

within thirty days from the last issue of

publication.

Section 7. Motion to dismiss. - No motion to

dismiss the petition shall be allowed except on

the ground of lack of jurisdiction over the subject

matter or over the parties; provided, however,

that any other ground that might warrant a

dismissal of the case may be raised as an

affirmative defense in an answer.

Section 8. Answer. - (1) The respondent shall file

his answer within fifteen days from service of

summons, or within thirty days from the last

issue of publication in case of service of summons

by publication. The answer must be verified by

the respondent himself and not by counsel or

attorney-in-fact.

(2) If the respondent fails to file an answer, the

court shall not declare him or her in default.

(3) Where no answer is filed or if the answer does

not tender an issue, the court shall order the

public prosecutor to investigate whether collusion

exists between the parties.

Section 9. Investigation report of public

prosecutor. - (1) Within one month after receipt of

the court order mentioned in paragraph (3) of

Section 8 above, the public prosecutor shall

submit a report to the court stating whether the

parties are in collusion and serve copies thereof

on the parties and their respective counsels, if

any.

(2) If the public prosecutor finds that collusion

exists, he shall state the on the finding of

collusion within ten days from receipt of a copy of

a report The court shall set the report for hearing

and If convinced that the parties are in collusion,

it shall dismiss the petition.

(3) If the public prosecutor reports that no

collusion exists, the court shall set the case for

pre-trial. It shall be the duty of the public

prosecutor to appear for the State at the pre-trial.

Section 10. Social worker. - The court may

require a social worker to conduct a case study

and submit the corresponding report at least

three days before the pre-trial. The court may

also require a case study at any stage of the case

whenever necessary.

Section 11. Pre-trial. -

(1) Pre-trial mandatory. - A pre-trial is mandatory.

On motion or motu proprio, the court shall set the

pre-trial after the last pleading has been served

and filed, or upon receipt of the report of the

public prosecutor that no collusion exists

between the parties.

(2) Notice of pre-trial. - (a) The notice of pre-trial

shall contain:

(1) the date of pre-trial conference; and

(2) an order directing the parties to file and serve

their respective pre-trial briefs in such manner as

shall ensure the receipt thereof by the adverse

party at least three days before the date of pre-

trial.

(b) The notice shall be served separately on the

parties and their respective counsels as well as

on the public prosecutor. It shall be their duty to

appear personally at the pre-trial.

(c) Notice of pre-trial shall be sent to the

respondent even if he fails to file an answer. In

case of summons by publication and the

respondent failed to file his answer, notice of pre-

trial shall be sent to respondent at his last known

address.

Section 12. Contents of pre-trial brief. - The pre-

trial brief shall contain the following:

(a) A statement of the willingness of the parties

to enter into agreements as may be allowed by

law, indicating the desired terms thereof;

(b) A concise statement of their respective claims

together with the applicable laws and authorities;

(c) Admitted facts and proposed stipulations of

facts, as well as the disputed factual and legal

issues;

(d) All the evidence to be presented, including

expert opinion, if any, briefly stating or describing

the nature and purpose thereof;

(e) The number and names of the witnesses and

their respective affidavits; and

(f) Such other matters as the court may require.

          Failure to file the pre-trial brief or to

comply with its required contents shall have the

same effect as failure to appear at the pre-trial

under the succeeding paragraphs.

Section 13. Effect of failure to appear at the pre-

trial. - {a) If the petitioner fails to appear

personally, the case shall be dismissed unless his

counsel or a duly authorized representative

appears in court and proves a valid excuse for

the non-appearance of the petitioner.

(b) If the respondent has filed his answer but fails

to appear, the court shall proceed with the pre-

trial and require the public prosecutor to

investigate the non-appearance of the

respondent and submit within fifteen days

thereafter a report to the court stating whether

his non-appearance is due to any collusion

between the parties. If there Is no collusion, the

court shall require the public prosecutor to

intervene for the State during the trial on the

merits to prevent suppression or fabrication of

evidence.

Section 14. Pre-trial conference. -At the pre-trial

conference, the court:

(a) May refer the issues to a mediator who shall

assist the parties in reaching an agreement on

matters not prohibited by law.

          The mediator shall render a report within

one month from referral which, for good reasons,

the court may extend for a period not exceeding

one month.

(b) In case mediation is not availed of or where it

fails, the court shall proceed with the pre-trial

conference, on which occasion it shall consider

the advisability of receiving expert testimony and

such other makers as may aid in the prompt

disposition of the petition.

Section 15. Pre-trial order. - {a) The

proceedings in the pre-trial shall be recorded.

Upon termination of the pre-trial, the court shall

Issue a pre-trial order which shall recite in detail

the matters taken up In the conference, the

action taken thereon, the amendments allowed

on the pleadings, and except as to the ground of

declaration of nullity or annulment, the

agreements or admissions made by the parties

on any of the matters considered, including any

provisional order that may be necessary or

agreed upon by the parties.

(b) Should the action proceed to trial, the order

shall contain a recital of the following;

(1) Facts undisputed, admitted, and those which

need not be proved subject to Section 16 of this

Rule;

(2) Factual and legal issues to be litigated;

(3) Evidence, including objects and documents,

that have been marked and will be presented;

(4) Names of witnesses who will be presented

and their testimonies in the form of affidavits;

and

(5) Schedule of the presentation of evidence.

(c) The pre-trial order shall also contain a

directive to the public prosecutor to appear for

the State and take steps to prevent collusion

between the parties at any stage of the

proceedings and fabrication or suppression of

evidence during the trial on the merits.

(d) The parlies shall not be allowed to raise issues

or present witnesses and evidence other than

those stated in the pre-trial order.

The order shall control the trial of the case,

unless modified by the court to prevent manifest

injustice.

(e) The parties shall have five days from receipt

of the pre-trial order to propose corrections or

modifications.

Section 16. Prohibited compromise. - The court-

shall not allow compromise on prohibited

matters, such as the following:

(a) The civil status of persons;

(b) The validity of a marriage or of a legal

separation;

(c) Any ground for legal separation;

(d) Future support;

(e) The jurisdiction of courts; and

(f) Future legitime.

Section 17. Trial. - (1) The presiding judge shall

personally conduct the trial of the case. No

delegation of the reception of evidence to a

commissioner shall be allowed except as to

matters involving property relations of the

spouses.

(2) The grounds for declaration of absolute nullity

or annulment of marriage must be proved. No

judgment on the pleadings, summary judgment,

or confession of judgment shall be allowed.

(3) The court may order the exclusion from the

courtroom of all persons, including members of

the press, who do not have a direct interest in the

case. Such an order may be made if the court

determines on the record that requiring a party to

testify in open court would not enhance the

ascertainment of truth; would cause to the party

psychological harm or inability to effectively

communicate due to embarrassment, fear, or

timidity; would violate the right of a party to

privacy; or would be offensive to decency or

public morals.

(4) No copy shall be taken nor any examination or

perusal of the records of the case or parts thereof

be made by any person other than a party or

counsel of a party, except by order of the court.

Section 18. Memoranda. - The court may require

the parties and the public prosecutor, in

consultation with the Office of the Solicitor

General, to file their respective memoranda

support of their claims within fifteen days from

the date the trial is terminated. It may require the

Office of the Solicitor General to file its own

memorandum if the case is of significant interest

to the State. No other pleadings or papers may

be submitted without leave of court. After the

lapse of the period herein provided, the case will

be considered submitted for decision, with or

without the memoranda.

Section 19. Decision. - (1) If the court renders a

decision granting the petition, it shall declare

therein that the decree of absolute nullity or

decree of annulment shall be issued by the court

only after compliance with Article 50 and 51 of

the Family Code as implemented under the Rule

on Liquidation, Partition and Distribution of

Properties.

(2) The parties, including the Solicitor General

and the public prosecutor, shall be served with

copies of the decision personally or by registered

mail. If the respondent summoned by publication

failed to appear in the action, the dispositive part

of the decision shall be published once in a

newspaper of general circulation.

(3) The decision becomes final upon the

expiration of fifteen days from notice to the

parties. Entry of judgment shall be made if no

motion for reconsideration or new trial, or appeal

Is filed by any of the parties the public

prosecutor, or the Solicitor General.

(4) Upon the finality of the decision, the court

shall forthwith issue the corresponding decree if

the parties have no properties.

          If the parties have properties, the court

shall observe the procedure prescribed in Section

21 of this Rule.

          The entry of judgment shall be registered

in the Civil Registry where the marriage was

recorded and In the Civil Registry where the

Family Court'granting the petition for declaration

of absolute nullity or annulment of marriage is

located.

Section 20. Appeal. -

(1) Pre-condition. - No appeal from the decision

shall be allowed unless the appellant has filed a

motion for reconsideration or new trial within

fifteen days from notice of judgment.

(2) Notice of appeal. - An aggrieved party or the

Solicitor General may appeal from the decision by

filing a Notice of Appeal within fifteen days from

notice of denial of the motion for reconsideration

or new trial. The appellant shall serve a copy of

the notice of appeal on the adverse parties.

Section 21. Liquidation, partition and

distribution, custody, support of common children

and delivery of their presumptive iegltimes. -

Upon entry of the judgment granting the petition,

or, in case of appeal, upon receipt of the entry of

judgment of the appellate court granting the

petition, the Family Court, on motion of either

party, shall proceed with the liquidation, partition

and distribution of the properties of the spouses,

including custody, support of common children

and delivery of their presumptive legitimes

pursuant to Articles 50 and 51 of the Family Code

unless such matters had been adjudicated in

previous judicial proceedings.

Section 22. Issuance of Decree of Declaration of

Absolute Nullity or Annulment of Marriage." (a)

The court shall issue the Decree after;

(1) Registration of the entry of judgment granting

the petition for declaration of nullity or annulment

of marriage in the Civil Registry where the

marriage was celebrated and in the Civil Registry

of the place where the Family Court is located;

(2) Registration of the approved partition and

distribution of the properties of the spouses, in

the proper Register of Deeds where the real

properties are located; and

(3) The delivery of the children's presumptive

legitimes in cash, property, or sound securities.

(b) The court shall quote in the Decree the

dispositive portion of the judgment entered and

attach to the Decree the approved deed of

partition.

          Except in the case of children under

Articles 36 and 53 of the Family Code, the court

shall order the Local Civil Registrar to issue an

amended birth certificate indicating the new civil

status of the children affected.

Section 23. Registration and publication of the

decree; decree as best evidence. - (a) The

prevailing party shall cause the registration of the

Decree in the Civil Registry where the marriage

was registered, the Civil Registry of the place

where the Family Court is situated, and in the

National Census and Statistics Office. He shall

report td the court compliance with this

requirement within thirty days from receipt of the

copy of the Decree.

(b) In case service of summons was made by

publication, the parties shall cause the

publication of the Decree once in a newspaper of

general circulation.

(c) The registered Decree shall be the best

evidence to prove the declaration of absolute

nullity or annulment of marriage and shall serve

as notice to third persons concerning the

properties of petitioner and respondent as well as

the properties or presumptive legitimes delivered

to their common children.

Section 24. Effect of death of a party; duty of

the Family Court or Appellate Court. - (a) In case

a party dies at any stage of the proceedings

before the entry of judgment, the court shall

order the case closed and terminated, without

prejudice to the settlement of the estate in

proper proceedings in the regular courts.

(b) If the party dies after the entry of judgment of

nullity or annulment, the judgment shall be

binding upon the parties and their successors in

interest in the settlement of the estate in the

regular courts.

Section 25. Effectlvity. - This Rule shall take

effect on March 15, 2003 following its publication

in a newspaper of general circulation not later

than March 7, 2003.

Republic Act No. 9255             February 24 2004

AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER,

AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE

PHILIPPINES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:

"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

SECTION 2. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations, rules and regulations, which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 3. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.