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FIRST DIVISION
[ G.R. No. 205752, October 01, 2019 ]
IN RE: PETITION FOR ADOPTION OF JAN AUREL MAGHANOY
BULAYO WITH APPLICATION FOR CHANGE OF NAME OF ADOPTEE
FROM "JAN AUREL MAGHANOY BULAYO" TO "JAN AUREL BULAYO
KIMURA,"
SPOUSES MARY JANE B. KIMURA AND YUICHIRO KIMURA,
PETITIONERS.
DECISION
BERSAMIN, C.J.:
The petitioners implore us to determine whether or not the illegitimate child of the
spouse of an adopting alien falls within the ambit of the clause "relative by
consanguinity or affinity within the fourth civil degree" contained in Section 7 (b)(i) and
(iii), Article III, of Republic Act No. 8552, otherwise known as the Domestic Adoption
Act of 1998, which pertinently provides:
SEC. 7. Who May Adopt. - The following may adopt:
xxxx
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been living in the Philippines for
at least three (3) continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption decree is entered,
that he/she has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to adopt
in his/her country, and that his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter: Provided, further, That
the requirements on residency and certification of the alien's
qualification to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a relative within the
fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino
spouse; or
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