Landingin vs. Republic, GR No. 164948, June 27, 2006 CASE NO.

62
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, and 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.