In Re Petition for Adoption of Michelle Lim and Michael Lim

588 SCRA 98
G. R. No. 168992 93
May 21, 2009
Facts:
Spouses Monina P. Lim and Primo Lim were childless. Subsequently, two minor children,
whose parents were unknown as shown by a certification of DSWD, were entrusted to them by a
certain Lucia Ayuban. Being so eager to have children of their own, Monina and Primo registered
the children to make it appear that they were the childrens parents. The children were named
Michelle P. Lim and Michael Jude P. Lim. The spouses reared and cared for the children as if they
were their own. Unfortunately, in 1998, Primo died. On 27 December 2000, Monina married Angel
Olario, an American citizen.
Petitioner decided to adopt the children by availing of the amnesty given under RA 8552 to
individuals who simulated the birth of a child. In 2002, she filed separate petitions for adoption
of Michelle and Michael before the trial court. Michelle was then 25 years old and already married
and Michael was 18 years and seven months old. Michelle and her husband, Michael and Olario
gave their consent to the adoption as evidenced by their Affidavits of Consent.
On 15 September 2004, the trial court rendered judgment dismissing the petitions. The trial
court ruled that since Monina had remarried, she should have filed the petition jointly with her
new husband.
Monina appealed contending that the rule on joint adoption must be relaxed because it is the
duty of the court and the State to protect the paramount interest and welfare of the child to be
adopted. Petitioner argues that the legal maxim dura lex sed lex is not applicable to adoption
cases. She argues that joint parental authority is not necessary in this case since, at the time the
petitions were filed, Michelle was 25 years old and already married, while Michael was already 18
years of age. Parental authority is not anymore necessary since they have been emancipated
having attained the age of majority.
Issue:
1. Whether the petitioner, who has remarried, can singly adopt.
Held:
No. The law is explicit. Husband and wife shall jointly adopt except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, however, That
the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other, which was not present in the case at
bar.
The time the petitions were filed, petitioner had already remarried. Husband and wife shall
jointly adopt except in 3 instances which was not present in the case at bar. In case spouses
jointly adopts, they shall jointly exercised parental authority. The use of the word shall signifies
that joint adoption of husband and wife is mandatory. This is in consonance with the concept of
joint parental authority since the child to be adopted is elevated to the level of a legitimate child,
it is but natural to require spouses to adopt jointly. The affidavit of consent given by Olario will
not suffice since there are certain requirements that he must comply as an American Citizen. He
must meet the qualifications set forth in Sec7 of RA8552. The requirements on residency and

certification of the aliens qualification to adopt cannot likewise be waived pursuant to Sec 7.
Parental authority is merely just one of the effects of legal adoption. It includes caring and
rearing the children for civic consciousness and efficiency and development of their moral mental
and physical character and well-being.