1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66000 1/10

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