Civil Finals coverage

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1.) Who may adopt/ be adopted under the inter-country/ domestic law? – p.724, 733, 735 Republic Act 8043 – inter-country adoption act of 1995 Sec. 8. Who may be adopted? – only a legally free child may be the subject of inter-country adoption. In order that such child may be considered for placement, the ff. documents must be submitted to the Board: a.) child study; b.) birth cert./ foundling cert.; c.) deed of voluntary commitment/ decree of abandonment/ death cert. of parents; d.) medical evaluation/ history; e.) psychological evaluation, as necessary; f.) recent photo of child Sec. 9. Who may adopt. – any alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/ she: a.) is at least 27yrs old & at least 16yrs older than the child to be adopted, at the time of application unless adopter is the parent by nature of the child to be adopted or the spouse of such parent; b.) if married, his spouse must jointly file for the adoption; c.) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his country; d.) has not been convicted of a crime involving moral turpitude; e.) is eligible to adopt under his national law; f.) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted; g.) agrees to uphold the basic rights of the child as embodied under Philippine laws, the UN Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act; h.) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his national laws; i.) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws. Legally-free child – means a child who has been voluntarily or involuntarily committed to the Department, in accordance with the Child and Youth Welfare Code. Board – refers to the Inter-Country Adoption Board. Republic Act 8552 – Domestic Adoption Act of 1998 Sec. 7. Who may adopt. – the ff. may adopt:

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Transcript of Civil Finals coverage

1.) Who may adopt/ be adopted under the inter-country/ domestic law? –p.724, 733, 735

Republic Act 8043 – inter-country adoption act of 1995Sec. 8. Who may be adopted? – only a legally free child may be the subject of inter-country adoption. In order that such child may be considered for placement, the ff. documents must be submitted to the Board:

a.) child study;b.) birth cert./ foundling cert.;c.) deed of voluntary commitment/ decree of abandonment/ death cert. of parents;d.) medical evaluation/ history;e.) psychological evaluation, as necessary;f.) recent photo of child

Sec. 9. Who may adopt. – any alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/ she:

a.) is at least 27yrs old & at least 16yrs older than the child to be adopted, at the time of application unless adopter is the parent by nature of the child to be adopted or the spouse of such parent;

b.) if married, his spouse must jointly file for the adoption;c.) has the capacity to act and assume all rights and responsibilities of parental authority under his national

laws, and has undergone the appropriate counseling from an accredited counselor in his country;d.) has not been convicted of a crime involving moral turpitude;e.) is eligible to adopt under his national law;f.) is in a position to provide the proper care and support and to give the necessary moral values and

example to all his children, including the child to be adopted;g.) agrees to uphold the basic rights of the child as embodied under Philippine laws, the UN Convention on

the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;

h.) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his national laws;

i.) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.

Legally-free child – means a child who has been voluntarily or involuntarily committed to the Department, in accordance with the Child and Youth Welfare Code.Board – refers to the Inter-Country Adoption Board.

Republic Act 8552 – Domestic Adoption Act of 1998Sec. 7. Who may adopt. – the ff. may adopt:

a.) any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable in caring for children, at least 16yrs older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of 16yrs difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent;

b.) any alien possessing the same qualifications as above stated for Filipino nationals: provided, that his country has diplomatic relations with the Republic of the Phil., that he has been living in the Phil., for atleast 3 continuous yrs prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his diplomatic or consular office or any appropriate gov’t agency that he has the legal capacity to adopt in his country, and that his gov’t allows the adoptee to enter his country as his adopted son/daughter: provided, further, that the requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the ff:(i) a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or

affinity; or(ii) one who seeks to adopt the legitimate son/ daughter of his Filipino spouse; or(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative

within the 4th degree of consanguinity or affinity of the Filipino spouse; orc.) the guardian with respect to the ward after the termination of the guardianship and clearance of his

financial accountabilities.Husband and wife shall jointly adopt, except in the ff. cases:

(i) if one spouse seeks to adopt his own illegitimate son/daughter of the other; or(ii) if one spouse seeks to adopt his own illegitimate son/daughter: provided, however, that the other

spouse has signed his consent thereto; or(iii)

2.) Who/ what is a child under the inter-country/ domestic law/ 603? –p.720, 731

3.) What is simulation of birth? –p. 732, 740-741

4.) Matching –p. 720, 726Who is an abandoned child? –p.732

5.) Effects of adoption: (in terms of legitimacy, parental authority)? –p.738

6.) Can an adopter rescind adoption? What are the remedies and rights?

7.) Effects of rescission of adoption: –p.738-739

8.) Under the inter-country/ domestic law, whose consent is necessary that must be presented to court? –p.735

9.) What does support include? SDCMET-FC: –p.744, A194

10.) When is support increased/ decreased? –p.753, A202Can it be levied/ attached? –p.763, A205

11.) Who are people obliged to support each other? –p.745, A195

12.) Chua v. Cabangbang: how, arguments imposed, as answered one by one –p.776

13.) People v. Silvano: punishment to daughter/ comment –p.773

14.) In case of separation, who shall exercise parent authority? –p.779, A213

15.) In case of absence/ death, who shall exercise parental authority? –p.778, A212

16.) In case minor owned a property, what happens to the fruits and income, and to what purpose shall it be used, devoted or allocated? –p.801, A226

17.) If parent entrusted property to minor, what is the allowance of the child? –p.801, A227

18.) Emancipation: –p.809, A234Effects of emancipation as amended: –p.811

19.) When is the Family Code effective? Circular no.: –p.823

20.) Parents and those exercising authority, liability, elements: –p.795, A221

21.) Can a child testify against parents? –p.782, A215

22.) Who are those people?In what order is the parental authority? –p.778, A211, p.783, A216 p.784? A218

23.) When is parental authority extinguished/ terminated permanently? –p.803, A228 &229

24.) When is parental authority suspended? –p.806, A230 231, 807 A232

25.) Who shall be guardians of property owned by minor? –p.798 A225,

26.) When is bond required of the parents? –p.798 A225,

27.) Termination of obligation: when does support cease? –p.763

28.) Options given to supporter: –p.760 A204

29.) Are in-laws obstacle? (give 2 cases) –p. 761-762

30.) Nature of adoption proceedings –p.704?

31.) Fajardo: –p.705, 780

32.) Patria Potestas: –p.766

33.) Adoption: –p.698