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SUCCESSIONAL RIGHTS OF AN ADOPTED CHILD

A Perspective

3/10/2014

Legal Research

Kristian Erving L. CaumeranGoldy Luck Dacal

Amie Roxylen T. de LunaAlfredo Mayol III

Atty Janet B. UyProfessor

Table of ContentsINTRODUCTION 1

SCOPE 2

I. ADOPTION IN GENERAL 2

A. Definition of Terms 2 B. Laws on Adoption and its Governing Rules 4 C. Brief

Background of the Adoption Law and its Origins 4

II. CONCEPT OF ADOPTION 6

A. Adoption, defined 6

B. Adoption as a Statutory Creation 6

C. Nature of Adoption Proceedings 7

D. Philosophy behind Adoption 7

III. SUCCESSIONAL RIGHTS OF AN ADOPTED CHILD 8

A. Status of an Adopted Child 8

B. Rights to Inherit of an Adopted Child 8

C. Right of Representation of an Adopted Child 9

D. Table on the Rule on Legitime of an Adopted Child 10

IV. FORMATION OR SEVERANCE OF RELATIONSHIP MADE BY

THE ENACTMENT OF RA 8552 AS AGAINST PRIOR ADOPTION

LAWS 10

A. Relationship between an Adopted Child and the

Adopting Parents 10

B. Relationship between an Adopted Child and the

Adopter’s Ascendants, Descendants, and Collaterals 11

C. Relationship between an Adopted Child and his

i

Biological Parents 11

D. Relationship between an Adopted Child and his

Blood Relatives 11

V. SCRUTINIZING THE CONSTRUCTION AND EFFECTS MADE BY

THE DOMESTIC ADOPTON LAW 12

A. Adopted Child as an Intestate Heir of the Estate of

the Adoptive Parents and Adopter’s Blood Relatives 12

B. Adopted child as an Intestate Heir of the Estate of

Biological Parents and Blood Relatives 13

C. Adoptive Parent as an Intestate Heir of the Estate

of the Child 14

D. Adopter’s Blood Relatives as Intestate Heirs to

the Estate of the Adoptive Child 15

E. Biological and Blood Relatives as Intestate Heirs to

the Estate of the Adoptive Child 15

VI. CONCLUSION AND RECOMMENDATION 16

BIBLIOGRAPHY 17

ii

INTRODUCTION

The Civil Code provides that in case of the death of an adopted child,

leaving no children or descendants, his parents and relatives by

consanguinity and not by adoption, shall be his legal heirs.1 Further, it states

that adopted child succeeds to the property of the adopting parents in the

same manner as a legitimate child.2 Definitely the Civil Code is clear as to

the rights of an adopted child to succeed from his adopting parents; so as

with the latter from the former.

However by the enactment of the Domestic Adoption Law3 which

provides that the adopter(s) and the adoptee shall have reciprocal rights of

succession without distinction from legitimate filiation, a gray area surfaced

regarding the right of an adopted child to succeed. This raised the following

legal questions:

Does the adopted child have the right to succeed from his

biological parents or relatives by compulsory or intestate

succession? May an adopted child inherit from both his adopting

and biological parents?

The preceding queries should not be left in limbo but must be addressed.

SCOPE

1 NEW CIVIL CODE, ART. 9842 NEW CIVIL CODE, Article 979

3 Rep. Act No. 8552 (1998)

1

This legal research aims to provide a thorough study of the applicable

laws apropos the right of an adopted child to succeed from his adopting

parents alongside with his right to inherit from his biological parents and

relatives. This study will address the obscurity and insufficiency of the law to

answer the abovementioned proposed questions.

I

ADOPTION IN GENERAL

A. Definition of Terms

(a) "Child" is a person below eighteen (18) years of

age.

(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/her biological

parent(s) or guardian or adopter(s) in case of

rescission of adoption.

(c) "Voluntarily committed child" is one whose

parent(s) knowingly and willingly relinquishes

parental authority to the Department.

(d) "Involuntarily committed child" is one whose

parent(s), known or unknown, has been permanently

and judicially deprived of parental authority due to

abandonment; substantial, continuous, or repeated

2

neglect; abuse; or incompetence to discharge

parental responsibilities.

(e) "Abandoned child" refers to one who has no

proper parental care or guardianship or whose

parent(s) has deserted him/her for a period of at least

six (6) continuous months and has been judicially

declared as such.

(f) "Supervised trial custody" is a period of time within

which a social worker oversees the adjustment and

emotional readiness of both adopter(s) and adoptee

in stabilizing their filial relationship.

(g) "Department" refers to the Department of Social

Welfare and Development.

(h) "Child-placing agency" is a duly licensed and

accredited agency 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.

(i) "Child-caring agency" is a duly licensed and

accredited agency by the Department that provides

twenty four (24)-hour residential care services for

abandoned, orphaned, neglected, or voluntarily

committed children.

3

(j) "Simulation of birth" is the tampering of the civil

registry making it appear in the birth records that a

certain child was born to a person who is not his/her

biological mother, causing such child to lose his/her

true identity and status.4

B. Laws on Adoption and its Governing Rules

The following are the legal sources of the Successional Rights of an

Adopted Child:

1. Old Civil Code of the Philippines

2. New Civil Code of the Philippines

3. The Child and Youth Welfare Code (P.D. 603)

4. Family Code of the Philippines

5. Domestic Adoption Act of 1998 (R.A. 8552)

C. Brief Background of the Adoption Law and its Origins

In ancient times, the Romans undertook adoption to assure male heirs

in the family. The continuity of the adopter’s family was the primary purpose

of adoption and all matters relating to it basically focused on the rights of the

adopter. There was hardly any mention about the rights of the adopted.

Countries, like Greece, France, Spain and England, in an effort to preserve

inheritance within the family, neither allowed nor recognized adoption. It was

only much later when adoption was given an impetus in law and still later

when the welfare of the child became a paramount concern.

Spain itself which previously disfavored adoption ultimately relented

and accepted the Roman law concept of adoption which, subsequently, was

4 Rep. Act No. 8552 (1998), Section 3

4

to find its way to the archipelago. The Americans came and introduced their

own ideas on adoption which, unlike most countries in Europe, made the

interests of the child an overriding consideration. In the early part of the

century just passed, the rights of the children invited universal attention.

In the Philippines, the Old Civil Code had provisions for adoption from

Articles 173-180. Some of these were carried over to the New Civil Code with

amendments. These were founded on Articles 334-348. On June 10, 1975,

The Child and Youth Welfare Code (P.D. No. 603) became effective, expressly

repealing Articles 334-348 of the New Civil Code. Subsequently, P.D. No. 603

was amended by P.D. No. 1179 effective on August 15, 1977. Again, P.D. 63

was amended on December 17, 1986 by Executive Order No. 91 issued by

President Corazon Aquino.

On August 3, 1988, Title VII (Adoption) of the Family Code repealed

Articles 17, 18, 19, 27, 28, 29, 30, 412 and 42 of P.D. 603 which are

substantive articles. The unrepealed provisions of P.D. 603 some of which

are procedural remain effective. These procedures might as well be

incorporated into the Rules of Court.

On June 7, 1995, the Inter-Country Adoption Law (Republic Act 8043)

was approved and lately, on February 25, 1998, the Domestic Adoption Act

of 1998 (Republic Act 8552) was also approved which substantially amended

the provisions on adoption and the law on succession.5

IIADOPTION IN GENERAL

A. Adoption, defined

5 Lahom v. Sibulo, 406 SCRA 135 (2003)

5

Adoption may be defined as the juridical act which creates between

two persons a relationship similar to that which results from legitimate

paternity and filiation.6

It is defined as the process of making a child, whether related or not to

the adopter, possess in general, the right accorded to a legitimate child.7

B. Adoption as a Statutory Creation

The right to create the relationship of parent and child between

persons who are generally not related by nature exists only by virtue of a

statue providing for adoption.8 It is not a natural law at all. Abut is wholly and

entirely artificial. The fact of adoption is never presumed, but must be

affirmatively proved by the person claiming its existence, such as by the

decree of adoption issued by the court.9

C. Nature of Adoption Proceedings

Adoption is a juridical act, a proceeding in rem, which creates between

two persons a relationship similar to that which results from legitimate

paternity and filiation.10

6 4 Valverde 473, quoted in Prasnick v. Republic of the Philippines, 98 Phil 6657 Paras, Edgardo L., Civil Code of the Philippines Annotated,

Volume 1, 16th ed., 2008, p 6918 2 Am. Jur. 2d, Adoption @1 as cited by Sta. Maria, Melencio S.

Persons and Family Relations Law. 4th edition 2004 p. 624

9 Lazatin v. Camposs, 92 SCRA 250 (1979)10 Ibid.

6

Since adoption is a proceeding in rem, there must be a jurisdiction over

the subject matter, the parties and the res.11 In view of the in rem nature of

the action, constructive notice by publication is allowed.12

D. Philosophy behind Adoption

The philosophy behind adoption statutes is to promote the welfare of

the child and every reasonable intendment should be sustained to promote

that objective. 13

Adoption used to be for the benefit of the adopter. It was intended to

afford persons who have no child of their own, the consolation of having one,

by creating by legal fiction, the relation of paternity and filiation where none

exists by blood relationship. It was merely looked upon as solely an act of

generosity on the part of the adopter.14 At present, the main purpose of

adoption is the promotion of the welfare of children.15

III

SUCCESSIONAL RIGHTS OF AN ADOPTED CHILD

A. Status of an Adopted Child

11 Ellis v. Republic, 7 SCRA 96212 Santos v. Aranzanxo, Gr. No. L- 23828, February 28, 1966

13 supra.14 Hofilena v. Republic, 34 SCRA 545

15 Republic v. Vergara, 270 SCRA 206

7

An adopted child, for civil purposes, is deemed the legitimate child of

the adopting parents. Thus, if the adopter died and is survived by the

adopted child, legitimate parents and ascendants, the adopted would now

exclude the latter from the estate of the adopter, in the same way that they

would be excluded by the presence of legitimate issue of the adopter. The

right to exclude is implied in Article 189 (1) of the Family code.16

By the enactment of RA 8552, it is not only in his new family that the

legitimate status of the adopted child is affirmed but also in society as well.

The new law withdraws the right of an adoption to rescind the adoption

decree and gives to the adopted child the sole right to severe the legal ties

created by adoption.

B. Rights to Inherit of an Adopted Child

The adopted child succeeds to the property of the adopting parents in

the same manner as would a legitimate child.17 Adopted children are

indisputably declared as entitled to all the rights and obligations provided by

law to legitimate sons or daughters without restrictions.

The adoptee shall be considered the legitimate son/daughter of the

adopter(s) for all intents and purposes and as such is entitled to all the rights

and obligations provided by law to legitimate sons/daughters born to them

without discrimination of any kind. To this end, the adoptee is entitled to

love, guidance, and support in keeping with the means of the family. 18

C. Right of Representation of an Adopted Child

16 Pineda, Ernesto L. The Family Code of the Philippines Annotated. 2011 ed., P. 390

17 NEW CIVIL CODE, Article 979 (2)18 Rep. Act No. 8552 (1998), Section 17

8

As a rule, the adopted child has all the rights of legitimate children.

Since legitimate children have the right to represent, does this mean that

adopted children have also the same right?

No. Section 18, Domestic Adoption Law provides that in legal and

intestate succession, the adopter(s) and the adoptee shall have reciprocal

rights of succession without distinction from legitimate filiation. If the

adopting parent should die before the adopted child does, the latter cannot

represent the former in the inheritance from the parents or ascendants of

the adopter.

An adopted child is not related to the deceased in that case, because

the filiation created by fiction of law is exclusively between the adopter and

the adopted. By adoption, the adopters can make for themselves an heir but

they cannot make one for their kindred.

In other words, the law does not create any relationship between the

adopted child and the relatives of the adopting parents, not even to the

biological or legitimate children of the adopting parents.

D. Table on the Rule on Legitimes of an Adopted Child

9

IV. FORMATION OR SEVERANCE OF RELATIONSHIP MADE BY THE ENACTMENT OF RA 8552

A. Relationship Formed between an Adopted Child and the Adopting Parents

A final decree of adoption creates the relationship of parent and child

between petitioner and the adopted person, as if the adopted person were a

legitimate blood descendant of the petitioner, for all purposes including

inheritance.19

An adopted person and adopting parent shall sustain toward each

other the legal relation of parent and child and shall have all the rights and

duties of that relation, including the right to inherit.20

19 Child Welfare Information Gateway, ‘Intestate Inheritance Rights for Adopted Persons’ Available <https://www.childwelfare.gov/systemwide/laws_policies/statutes/inheritance.pdf>

20 Ibid.

10

B. Relationship between an Adopted Child and the Adopter’s Ascendants, Descendants, and Collaterals

Under our law the relationship established by adoption is limited solely

to the adopter and the adopted and does not extend to the relatives of the

adopting parents or of the adopted child except only as expressly provided

for by law. Hence, no relationship is created between the adopted and the

collaterals of the adopting parents. As a consequence, the adopted is an heir

of the adopter but not of the relatives of the adopter.21

C. Relationship between an Adopted Child and his Biological Parents

Except in cases where the biological parent is the spouse of the

adopter, all legal ties between the biological parent(s) and the adoptee shall

be severed and the same shall then be vested on the adopter(s).22

The parental authority of the parents by nature over the adopted shall

terminate and be vested in the adopters, except that if the adopter is the

spouse of the parent by nature of the adopted, parental authority over the

adopted shall be exercised jointly by both spouses.

D. Relationship between an Adopted Child and his Biological Relatives

In adoption, the legal filiation is personal and exists only between the

adopter and the adopted. The adopted is deemed a legitimate child of the

adopter, but still remains as an intestate heir of his natural parents and other

blood relatives.

V

21 Teotico v.Del Val, G.R. No. L-18753, March 26, 196522 Rep. Act No. 8552 (1998), Section 16

11

SCRUTINIZING THE EFFECTS MADE BY THE DOMESTIC ADOPTON LAW AS AGAINST PRIOR ADOPTION LAWS

A. Adopted Child as an Intestate Heir of the Estate of the Adoptive

Parents and Adopter’s Blood Relatives

The adoption shall give to the adopted person the same rights and

duties as if he were a legitimate child of the adopter.23

However, the preceding article is repealed by Article 189 of the Family

Code of the Philippines which provides that for civil purposes, the adopted

shall be deemed to be a legitimate child of the adopters and both shall

acquire the reciprocal rights and obligations arising from the relationship of

parent and child. This law is also repealed by Section 17 of RA 8552.

The prevailing Adoption Law provides that the adoptee shall be

considered the legitimate son/daughter of the adopter(s) for all intents and

purposes and as such is entitled to all the rights and obligations provided by

law to legitimate sons/daughters born to them without discrimination of any

kind. To this end, the adoptee is entitled to love, guidance, and support in

keeping with the means of the family.

Further, in legal and intestate succession, the adopter(s) and the

adoptee shall have reciprocal rights of succession without distinction from

legitimate filiation.24

In other words, after adoption, the adopted person shall be treated as

if he or she was born to the adopting parents and shall have all rights and

be subject to all of the duties arising from that relation, including the right of

inheritance. Thus, an adopted child is an intestate heir of the adopters.23 Pres. Decree No. 603, Article 39 (1)

24 Rep. Act No. 8552 (1998), Section 18

12

However, as regards to the adopter’s blood relatives, he is not an

intestate heir. The relationship established by the adoption, however, is

limited to the adopting parent, and does not extend to his other relatives,

except as expressly provided by law. Thus, the adopted child cannot be

considered as a relative of the ascendants and collaterals of the adopting

parents, nor of the legitimate children which they may have after the

adoption, except that the law imposes certain impediments to marriage by

reason of adoption. Neither are the children of the adopted considered as

descendants of the adopter. The relationship created is exclusively between

the adopter and the adopted, and does not extend to the relatives of either.

(Tolentino, Civil Code of the Philippines, Vol. 1, p. 652).25

B. Adopted child as an Intestate Heir of the Estate of Biological

Parents and Blood Relatives

Section 16 of Ra 8553 provides that except in cases where the

biological parent is the spouse of the adopter, all legal ties between the

biological parent(s) and the adoptee shall be severed and the same shall

then be vested on the adopter(s).

It is by this severance that an adopted child is not an intestate of either

his biological parents or his blood relatives. Adoption relieves the birth

parents of the adopted person of all parental rights and responsibilities and

terminates all legal relationships between the adopted person and the birth

parents and other relatives of the adopted person. Thereafter, the adopted

person is a stranger to the former relatives for all purposes, including

inheritance.26

25 supra. 26 supra.

13

C. Adoptive Parent as an Intestate Heir of the Estate of the Child

The adopter shall not be a legal heir of the adopted person, whose

parents by nature shall inherit from him.27

However, the prior statute is repealed by Executive Order No. 209

which provides that when the parents, legitimate or illegitimate, or the

legitimate ascendants of the adopted concur with the adopter, they shall

divide the entire estate, one-half to be inherited by the parents or

ascendants and the other half, by the adopters.28

But by the enactment of RA 8552, the birth parents of an adopted

person are relieved of all parental duties and responsibilities toward the

adopted person, including the right of inheritance unless specifically

provided by will. Thus, adoptive parent is an intestate heir of the estate of

the adopted child.

D. Adopter’s Blood Relatives as Intestate Heirs to the Estate of the

Adoptive Child

The adopter’s blood relatives shall not be entitled to inherit from and

through the adopted individual under the laws of intestacy in the absence of

a will, unless expressly excluded. The rationale for this is the relationship

established by the adoption is restricted to the adopting parents, and does

not extend to his other relatives.

E. Biological and Blood Relatives as Intestate Heirs to the Estate of

the Adoptive Child

27 NEW CIVIL CODE, Article 34228 THE FAMILY CODE OF THE PHILIPPINES, Article 190 (2)

14

Article 39 (2) of The Child and Youth Welfare Code provides that

adoption dissolves the authority vested in the natural parent or parents,

except where the adopter is the spouse of the surviving natural parent.

Article 342 of the New Civil Code provides that parents by nature shall

inherit from the adopted child and the adopter shall not be a legal heir of the

adopted person.

However, the above provisos were repealed by RA 8552 which states

that in legal and intestate succession, the adopter(s) and the adoptee shall

have reciprocal rights of succession without distinction from legitimate

filiation.

Thus, an adopted child shall not inherit real or personal property from

his or her birth parents or their relatives when the relationship between them

has been terminated by final order of adoption, nor shall the birth parents or

their relatives inherit from the adopted child.29(Emphasis supplied). This

means that the adopter and adopted shall become intestate heirs as to each

other.

VI

CONCLUSION AND RECOMMENDATION

To conclude, an adopted child is an intestate heir of the adopting

parents but not as to the estate of the biological parents. He is neither an

intestate heir of his biological relatives and the adopter’s blood relatives.

This is implicitly provided for in the Domestic Adoption Law as compared to

the provisions provided for in the old Adoption Laws. Be it noted that in

statutory construction, implied repeals are not favored.

29 supra.

15

There is no explicit proviso that grants or denies the right of an

adoptee to inherit from either or both the adopter or his birth parents. Such

gray area is crucial in intestate succession. The right of a party to the

inheritance may be prejudiced. Without an express law, the grant or denial

thereof is cynical.

It is recommended that the Legislative Department address this issue.

A specific and definite provision should be provided for stating that the

adopted child has the right to inherit only from the adopted parents. This

would remove any doubtful interpretation on the right to succeed of an

adopted child from his birth parents, blood relatives and his collateral

relatives as in contrast to his adoptive parents.

BIBLIOGRAPHY

I. PRIMARY SOURCES

A. Law

1. New Civil Code of the Philippines

2. The Child and Youth Welfare Code (P.D. 603)

3. Family Code of the Philippines

4. Domestic Adoption Act of 1998 (R.A. 8552)

B. Philippine Jurisprudence

1. Lahom v. Sibulo, 406 SCRA 135 (2003)

2. 4 Valverde 473, quoted in Prasnick v.

Republic of the Philippines, 98 Phil 665

16

3. Lazatin v. Camposs, 92 SCRA 250 (1979)

4. Ellis v. Republic, 7 SCRA 962

5. Santos v. Aranzanxo, Gr. No. L- 23828,

February 28, 1966

6. Hofilena v. Republic, 34 SCRA 545

7. Republic v. Vergara, 270 SCRA 206

II. SECONDARY SOURCES

A. Books

Festin, Gemy Lito L. Special Proceedings,

A foresight to the bar exam. 2nd ed. Manila:

REX Bookstore, 2011.

Paras, Edgardo. Civil Code of the Philippines Annotated.

Vol. 1, 16th ed. Manila: REX Bookstore, 2008.

Pineda, Ernesto L. The Family Code of the Philippines Annotated.

2011 ed. 927 Quezon Avenue, Quezon City:

Central Book Supply, Inc.

Pineda, Ernesto L. Succession and Prescription. 2011 ed. 927

Quezon Avenue, Quezon City: Central Book Supply, Inc.

Sta. Maria, Melencio Jr. S. Persons and Family Relations Law,

4th ed. Quezon City, Metro manila: REX Bookstore, 2004.

17

Tabingan, Monroe C., Special Proceedings With Republic Act No. 9048

And its Implementing Rules, Comments and Cases. 2nd ed.

Manila: Central Book Supply, 2005.

Webster’s Pocket Legal Dictionary, 3rd ed. United States:

Random House Inc., 1996.

B. Article

Child Welfare Information Gateway, ‘Intestate Inheritance Rights for Adopted Persons’ Available <https://www.childwelfare.gov/systemwide/laws_policies/statutes/inheritance.pdf>

18