Successional Rights of the Adopted Child
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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