G.R. No. 105308, September 25 1998
FACTS:
Anna Marie filed a petition for legal separation upon
learning of her husband's extramarital affairs, which the trial court approved
the petition. Herbert sought a divorce from Anna Marie in the United States. The
court granted sole custody of the 3 minor children to Anna, reserving the
rights of visitation to Herbert.
The brother and sister-in-law of Anna filed for the adoption
of the 3 minor children. Herbert contest
the adoption, but the petition was already granted by the court. CA affirmed
the decree of adoption, holding that Art. 188 of the FC requires the written
consent of the natural parents of the children to be adopted, but the consent of the parent who has abandoned the
child is not necessary. It held that Herbert failed to pay monthly support to
his children. Herbert elevated the case to the Court.
ISSUE:
Whether or not the 3 minor children be legally adopted
without the written consent of a natural parent on the ground that Herbert has
abandoned them.
RULING:
Yes.
Article 188 amended the statutory provision on consent for
adoption, the written consent of the natural parent to the adoption has
remained a requisite for its validity. Rule 99 of the Rules of the Court
requires a written consent to the adoption signed by the child, xxx and by each
of its known living parents who is not insane or hopelessly intemperate or has
not abandoned the child.
Article 256 of the Family Code requires the written consent
of the natural parent for the decree of adoption to be valid unless the parent
has abandoned the child or that the parent is "insane or hopelessly intemperate."
In reference to abandonment of a child by his parent, the
act of abandonment imports "any conduct of the parent which evinces a
settled purpose to forego all parental duties and relinquish all parental
claims to the child." It means "neglect or refusal to perform the
natural and legal obligations of care and support which parents owe their
children."
In this case, however, Herbert did not manifest any conduct
that would forego his parental duties and relinquish all parental claims over
his children as to, constitute abandonment. Physical abandonment alone, without
financial and moral desertion, is not tantamount to abandonment. While Herbert
was physically absent, he was not remiss in his natural and legal obligations
of love, care and support for his children. The Court find pieces of documentary
evidence that he maintained regular communications with his wife and children
through letters and telephone, and send them packages catered to their whims.
