Landingin vs. Republic, GR No.

164948, June 27,

2006,
(Special Proceedings Adoption: Consent and Abandonment)
Facts: Diwata Ramos Landingin, a US citizen of Filipino parentage filed a
petition for the adoption of 3 minors, natural children of Manuel Ramos, the
formers brother, and Amelia Ramos. She alleged in her petition that when
her brother died, the children were left to their paternal grandmother for
their biological mother went to Italy, re-married there and now has 2 children
by her second marriage and no longer communicates from the time she left
up to the institution of the adoption. After the paternal grandmother passed
away, the minors were being supported by the petitioner and her children
abroad and gave their written consent for their adoption.
A Social Worker of the DSWD submitted a Report recommending for the
adoption and narrated that Amelia, the biological mother was consulted with
the adoption plan and after weighing the benefits of adoption to her children,
she voluntarily consented.
However, petitioner failed to present the said social worker as witness and
offer in evidence the voluntary consent of Amelia Ramos to the adoption.
Petitioner also failed to present any documentary evidence to prove that
Amelia assent to the adoption.
Issue: WON a petition for adoption be granted without the written consent of
the adoptees biological mother.
Held: No. Section 9, par (b) of RA 8552, provides that the consent of the
biological parent(s) of the child, if known is necessary to the adoption. The
written consent of the legal guardian will suffice if the written consent of the
biological parents cannot be obtained.
The general requirement of consent and notice to the natural parents is
intended to protect the natural parental relationship from unwarranted
interference by interlopers, and to insure the opportunity to safeguard the
best interests of the child in the manner of the proposed adoption.
The written consent of the biological parents is indispensable for the validity
of the decree of adoption. Indeed, the natural right of a parent to his child
requires that his consent must be obtained before his parental rights and
duties may be terminated and re-establish in adoptive parents. In this case,
petitioner failed to submit the written consent of Amelia Ramos to the
adoption.
Moreover, abandonment means neglect and refusal to perform the filial and
legal obligations of love and support. Merely permitting the child to remain
for a time undisturbed in the care of others is not such abandonment. To
dispense with the requirements of consent, the abandonment must be shown
to have existed at the time of adoption.