IN RE: PETITION FOR ADOPTION OF MICHELLE P. LIM (SPECIAL PROCEEDINGS)

IN RE: PETITION FOR G.R. Nos. 168992-93

ADOPTION OF MICHELLE P.

LIM, Present:

MONINA P. LIM, PUNO, C.J., Chairperson,

Petitioner. CARPIO,

x - - - - - - - - - - - - - - - - - - - - - - - x CORONA,

LEONARDO-DE CASTRO, and

IN RE: PETITION FOR BERSAMIN, JJ.

ADOPTION OF MICHAEL JUDE

P. LIM,

Promulgated:

MONINA P. LIM,

Petitioner. May 21, 2009

FACTS:

Monina Lim, petitioner, who was an optometrist was married with Primo Lim but were childless.  Minor children, were entrusted to them by Lucia, whose parents were unknown as shown by a certification of DSWD.  The spouses registered the children making it appears as if they were the parents.  Unfortunately, in 1998, Primo died.  She then married an American Citizen, Angel Olario in December 2000.  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 including Michael and Olario gave their consent to the adoption executed in an affidavit.

ISSUE:

Whether or not petitioner, who has remarried, can singly adopt.

RULING:

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 use of the word “shall” means that  joint adoption by the husband and the wife is mandatory. This is in consonance with the concept of joint parental authority over the child which is the ideal situation. As the child to be adopted is elevated to the level of a legitimate child, it is but natural to require the spouses to adopt jointly. The rule also insures harmony between the spouses. Since the petitions for adoption were filed only by petitioner herself, without joining her husband, Olario, the trial court was correct in denying the petitions for adoption on this ground.